Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Rate determined for such day plus the Applicable Margin. (b) Each CBFR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate plus the Applicable Margin. (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law. (ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law. (iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. (e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar (i) Eurocurrency Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate determined for such day plus the Applicable Margin.
Margin in effect for such day with respect to such Loan and (bii) Each CBFR Loan BA Equivalent Loans shall bear interest at a rate per annum that shall be equal to the CBFR Floating Rate BA Rate, plus the Applicable MarginMargin for BA Equivalent Loans.
(b) Each ABR Loan that is a U.S. Facility Revolving Credit Loan denominated in Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the ABR in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan. Each ABR Loan that is a Canadian Facility Revolving Credit Loan denominated in Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the Canadian Base Rate in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan. Each ABR Loan denominated in Canadian Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the Canadian Prime Rate in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan.
(c) If all or a portion of (i) If any the principal amount of principal any Loan, (ii) any interest payable thereon or (iii) any commitment fee, letter of any Loan is credit commission, letter of credit fee or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is (y) in the case of overdue principal, the rate that would otherwise be applicable thereto pursuant to the Default Rate to relevant foregoing provisions of this subsection 4.1 plus 2.00%, and (z) in the fullest extent permitted by applicable Requirements case of Law.
other amounts, including overdue interest and Reimbursement Obligations, the rate described in paragraph (iib) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear this subsection 4.1 for ABR Loans that are Revolving Credit Loans accruing interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists ABR (or automatically while an Event (A) the Canadian Base Rate in the case of Default exists under paragraph Canadian Facility Revolving Credit Loans denominated in Dollars and (fB) the Canadian Prime Rate in Section 7.01)the case of Canadian Facility Revolving Credit Loans denominated in Canadian Dollars) plus 2.00%, the Borrowers shall pay interest on the principal amount of all outstanding Obligations in each case from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
non-payment until such amount is paid in full (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandafter as well as before judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to paragraph (c) of this subsection 4.1 shall be specified hereinpayable from time to time on demand.
(e) Interest hereunder It is the intention of the parties hereto to comply strictly with applicable usury laws; accordingly, it is stipulated and agreed that the aggregate of all amounts which constitute interest under applicable usury laws, whether contracted for, charged, taken, reserved, or received, in connection with the indebtedness evidenced by this Agreement or any Notes, or any other document relating or referring hereto or thereto, now or hereafter existing, shall never exceed under any circumstance whatsoever the maximum amount of interest allowed by applicable usury laws.
(f) Any provision of this Agreement that would oblige a Canadian Loan Party to pay any fine, penalty or rate of interest on any arrears of principal or interest secured by a mortgage on real property or hypothec on immovables that has the effect of increasing the charge on arrears beyond the rate of interest payable on principal money not in arrears shall not apply to such Canadian Loan Party, which shall be due required to pay interest on money in arrears at the same rate of interest payable on principal money not in arrears.
(g) If any provision of this Agreement would oblige a Canadian Loan Party to make any payment of interest or other amount payable to any Secured Party in an amount or calculated at a rate which would be prohibited by law or would result in a receipt by that Lender of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by applicable law or so result in a receipt by that Canadian Loan Party of “interest” at a “criminal rate,” such adjustment to be effected, to the extent necessary (but only to the extent necessary), as follows:
(i) first, by reducing the amount or rate of interest; and
(ii) thereafter, by reducing any fees, commissions, costs, expenses, premiums and other amounts required to be paid which would constitute interest for purposes of section 347 of the Criminal Code (Canada).
(iii) Whenever interest or fees payable by a Canadian Loan Party is calculated on the basis of a period which is less than the actual number of days in accordance with a calendar year, each rate of interest and fee determined pursuant to such calculation is, for the terms hereof before purpose of the Interest Act (Canada), equivalent to such rate multiplied by the actual number of days in the calendar year in which such rate is to be ascertained and after judgmentdivided by the number of days used as the basis of such calculation. The principle of deemed reinvestment of interest does not apply to any interest calculation under this Agreement, and before the rates of interest stipulated in this Agreement are intended to be nominal rates and after the commencement of any proceeding by not effective rates or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawyields.
Appears in 1 contract
Samples: Abl Credit Agreement (Veritiv Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall (i) if a LIBOR Loan, bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined for such day plus the Applicable Margin; and (ii) if a Base Rate Loan, bear interest at a rate per annum equal to the Base Rate plus the Applicable Margin.
(b) Each CBFR Loan If any Event of Default shall have occurred and be continuing, all amounts outstanding hereunder shall bear interest at a rate per annum equal to the CBFR Floating Rate rate determined pursuant to Section 2.7(a) plus the Applicable Margin.
(i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods)2.00% per annum, whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis no longer continuing (after as well as before judgment).
(ivc) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto Date; provided, however, that interest accruing pursuant to paragraph (b) of this Section shall be payable on demand.
(d) For purposes of determining the Applicable Margin for Revolving Loans and at Delayed Draw Term Loans, subject to the last paragraph of the definition of “Applicable Margin” contained in Section 1.1, interest rates on such other times as Loans shall be calculated on the basis of the Total Funded Debt Ratio set forth in the most recent Pricing Certificate received by the Agent. A Pricing Certificate may be specified hereindelivered to the Agent by the Borrower no more frequently than quarterly, and shall be accompanied by the financial statements and other deliveries referred to in Section 5.1(b) for the quarter then most-recently ended. For accrued and unpaid interest only (no changes being made for interest payments previously made), changes in interest rates on Revolving Loans and Delayed Draw Term Loans attributable to changes in the Applicable Margin caused by changes in the Total Funded Debt Ratio shall be calculated upon the delivery of a Pricing Certificate, and such change shall be effective with respect to Base Rate Loans and LIBOR Loans that are Revolving Loans or Delayed Draw Term Loans from the day which is three (3) Business Days after receipt by the Agent of such Pricing Certificate. If, for any reason, the Borrower shall fail to deliver a Pricing Certificate within forty-five (45) days, following the end of its fiscal quarter at any time when the Total Funded Debt Ratio has increased, or shall fail to deliver a Covenant Compliance Certificate when due in accordance with Section 5.2(a), and such failure shall continue for a period of fifteen (15) days, then the Applicable Margin shall be set at Leverage Xxxxx 0, retroactive to the date on which the Borrower should have delivered such Pricing Certificate, and shall continue until a Pricing Certificate indicating a different Applicable Margin is delivered to the Agent.
(e) Interest hereunder Notwithstanding anything herein or in any other Loan Document to the contrary, in the event that any financial statement or certificate delivered pursuant to Section 5.1 or Section 5.2 is shown to be inaccurate, and such inaccuracy, if corrected, would have led to the application of a higher Applicable Margin (the “Correct Applicable Margin”) for any period that such financial statement or certificate, as applicable, covered, then (i) the Borrower shall promptly deliver to the Agent a corrected financial statement or certificate, as the case may be, for such period, (ii) the Applicable Margin for Revolving Loans and Delayed Draw Term Loans shall be due and payable in accordance with reset to the terms hereof before and after judgmentCorrect Applicable Margin for such period, and before and after (iii) the commencement Borrower shall promptly pay to the Agent the accrued additional interest owing as a result of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawsuch Correct Applicable Margin for such period.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each ABR Loan shall bear interest at a rate per annum equal to the ABR.
(b) The Loans comprising each Eurodollar Rate Borrowing shall bear interest at a rate per annum equal to (i) in the case of each Eurodollar Revolving Credit Loan, the Eurodollar Rate for the Interest Period in effect for such Borrowing plus the Applicable Margin and (ii) in the case of each Eurodollar Rate Competitive Loan, the Eurodollar Rate for the Interest Period in effect for such Borrowing plus (or minus, as the case may be) the Margin offered by the Lender making such Loan and accepted by the Borrower pursuant to subsection 2.3.
(c) Each Euro Cost of Funds Loan, Sterling Cost of Funds Loan and Alternate Swing Line Foreign Currency Loan shall bear interest at a rate per annum equal to the Cost of Funds for such Loan plus the Applicable Margin.
(d) Each Multicurrency Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate determined for such day Interest Period plus the Applicable MarginMargin in effect for such day.
(be) Each CBFR Fixed Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate plus fixed rate of interest offered by the Applicable MarginLender making such Loan and accepted by the Borrower pursuant to subsection 2.3.
(if) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal Subject to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request provisions of the Required Lenders such amount shall thereafter bear following sentence, interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date; provided that interest accruing pursuant to paragraph (h) of this subsection 2.11 shall be payable from time to time on demand. The amount of interest on U.S. Revolving Credit Loans to be paid on any Interest Payment Date applicable thereto and at such other times as may shall be specified herein.
(e) Interest hereunder shall the amount which would be due and payable if the Utilization for the period for which such interest is paid was less than 33%. On the first Business Day following the last day of each fiscal quarter of the Borrower and on the Termination Date (or, if earlier, on the date upon which both the Commitments are terminated and the Loans are paid in accordance with full), the terms hereof before Borrower shall pay to the Administrative Agent, for the ratable benefit of the Lenders, an additional amount of interest equal to the difference (if any) between (i) the amount of interest which would have been payable during such fiscal quarter (or, in the case of the payment due on the Termination Date, the portion thereof ending on such date) after giving effect to the actual Utilization during such period and after judgment, and before and after (ii) the commencement amount of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawinterest which actually was paid during such period.
Appears in 1 contract
Samples: Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Rate determined for such day plus the Applicable Margin.
(b) Each CBFR Term SOFR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate Applicable Margin plus the Applicable Margingreater of (i) zero percent (0.0%) and (ii) Term SOFR, which shall be that one-month Term SOFR rate in effect two New York Banking Days prior to the Rate Adjustment Date, adjusted for any reserve requirement and any subsequent costs arising from a change in government regulation, and reset monthly on each Rate Adjustment Date; provided that if the Term SOFR rate is not published on such New York Banking Day due to a holiday or other circumstance that Lenders deem in their sole discretion to be temporary, the applicable Term SOFR rate shall be the Term SOFR rate last published prior to such New York Banking Day. If the initial advance on any facility to which this paragraph applies occurs other than on the Rate Adjustment Date, the initial one-month Term SOFR rate shall be that one-month Term SOFR rate in effect two New York Banking Days prior to the later of (a) the immediately preceding Rate Adjustment Date and (b) the closing date of the loan, which rate plus the percentage described above shall be in effect until the next Rate Adjustment Date. If Term SOFR is replacing a different rate index for an existing facility, and if such replacement becomes effective on a date other than the Rate Adjustment Date, the initial one-month Term SOFR rate hereunder shall be that one-month Term SOFR rate in effect two New York Banking Days prior to the effective date of such replacement, which rate plus the percentage described above shall be in effect until the next Rate Adjustment Date.
(b) [Reserved]
(c) [Reserved]
(i) If any all or a portion of the principal amount of principal of any Loan is shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such amount all outstanding Loans (whether or not overdue)(to the extent legally permitted) shall thereafter bear interest at a fluctuating interest rate per annum at all times that is equal to the Default Rate rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by applicable Requirements foregoing provisions of Law.
this Section plus 2%, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or any other amount payable hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate rate then applicable to Term SOFR Loans (including the fullest extent permitted by applicable Requirements Applicable Margin) plus 2%, in each case, with respect to clauses (i) and (ii) above, from the date of Lawsuch non-payment until such amount is paid in full (after as well as before judgment).
(iiie) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
Date; provided that interest accruing pursuant to paragraph (ed) Interest hereunder of this Section shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Samples: Term Loan Credit Agreement (NorthWestern Energy Group, Inc.)
Interest Rates and Payment Dates. (a) Each Eurodollar Revolving Loan maintained as a LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined for such day plus the Applicable Revolving Loan Margin. Each Term Loan or portion thereof maintained as a LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted Rate plus the Applicable Term Loan Margin.
(b) Each CBFR Revolving Loan maintained as a Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Revolving Loan Margin. Each Term Loan or portion thereof maintained as a Base Rate Loan shall bear interest at a rate per annum equal to the Base Rate plus the Applicable Term Loan Margin.
(ic) Each Swing Line Loan shall be made and maintained as a Base Rate Loan, and shall not be converted into any other Type of loan.
(d) If any amount Event of principal of any Loan is not paid when due (without regard to any applicable grace periods)Default shall have occurred and be continuing, whether at stated maturity, by acceleration or otherwise, such amount all amounts outstanding hereunder shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is the sum of the rate otherwise applicable pursuant to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periodsSection 2.9(a), whether at stated maturity(b) or (c) plus 2% per annum, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis no longer continuing (after as well as before judgment).
(ive) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided, however, that interest accruing pursuant to paragraph (d) of this Section shall be specified hereinpayable on demand.
(ef) Interest hereunder For purposes of determining (i) the Applicable Revolving Loan Margin for Revolving Loans, (ii) the Applicable Revolving Loan Margin for the standby letter of credit fees referred to in Section 2.3(e)(iii), (iii) the Applicable Term Loan Margin for Term Loans and (iv) the Maximum Leverage Ratio for the unused-commitment fees referred to in Section 2.17, interest rates on the Loans and such fees shall be due and payable calculated on the basis of the Maximum Leverage Ratio set forth in the most recent Covenant Compliance Certificate received by the Agent in accordance with Section 5.1(a) or (b). For accrued and unpaid interest and fees only (no changes being made for interest or fee payments previously made), changes in interest rates on the terms hereof before Loans or in such letter of credit fees attributable to changes in the Applicable Revolving Loan Margin (with respect to Revolving Loans and after judgmentletter of credit fees), changes in the Applicable Term Loan Margin (with respect to Term Loans) and changes in the Maximum Leverage Ratio (with respect to unused-commitment fees) caused by changes in the Maximum Leverage Ratio shall be calculated upon the delivery of a Covenant Compliance Certificate, and before such change shall be effective on Base Rate Loans, LIBOR Loans and such fees from the day which is five days after receipt by the commencement Agent of such Covenant Compliance Certificate. If, for any proceeding by reason, the Borrower shall fail to deliver a Covenant Compliance Certificate when due in accordance with Section 5.1(a) or against any (b), and such failure shall continue for a period of ten days, the Revolving Loan Leverage Level shall be deemed to be Revolving Loan Leverage Level 5 (for purposes of determining the Applicable Revolving Loan Margin on Revolving Loans and Letter of Credit fees), the Term Loan Leverage Level shall be deemed to be Term Loan Leverage Level 5 (for purposes of determining the Applicable Term Loan Margin) and the applicable rate under Section 2.17 shall be deemed to be the highest rate set forth in Section 2.17 (for purposes of determining unused-commitment fees), as applicable, in each case retroactive to the date on which the Borrower under any bankruptcyshould have delivered such Covenant Compliance Certificate, insolvency, reorganization or similar lawand shall continue until a Covenant Compliance Certificate indicating a different Revolving Loan Leverage Level and Term Loan Leverage Level is delivered to the Agent.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Quiksilver Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for on the unpaid principal amount thereof on each day during each Interest Period with respect thereto from the applicable Borrowing Date until payment in full in cash at a rate per annum equal to (i) 1.00%, plus (ii) the Adjusted LIBO Standard Rate determined for on such day plus (iii) the Applicable Margin.
Margin on such day. If any Tranche B Term Loans are prepaid at a premium as a result of a “Repricing Transaction” under Section 5.4 of the Six Flags First Lien Credit Agreement, the same proportion of any Loans outstanding on the date of such prepayment (ba “Repricing Transaction Prepayment Date”) Each CBFR Loan shall bear additional interest on the unpaid principal amount thereof at a rate per annum equal to 1% for a period beginning on such Repricing Transaction Prepayment Date through the CBFR Floating Rate plus first anniversary of such Repricing Transaction Prepayment Date. Such additional interest described in the Applicable Marginimmediately preceding sentence shall be in addition to the rate that is otherwise applicable pursuant to the first sentence of this clause (a).
(ib) If any amount of principal Upon the occurrence and during the continuance of any Loan is not paid when due (without regard to any applicable grace periods)Event of Default, whether at stated maturityall outstanding Loans shall bear interest, by acceleration or otherwisepayable on demand, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times that is equal to the Default Rate rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by applicable Requirements clause (a) of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods)this Section 3.4 plus 2%, whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis cured or waived or such amount is paid in full.
(ivc) Accrued All accrued and unpaid interest on past due amounts (including interest on past due interest) all outstanding Loans shall be due paid in arrears out of, and payable upon demand.
within two (d2) Business Days (such date of payment, an “Interest Payment Date”) following receipt by the Borrowers of, any cash distributions on Units held by the Borrowers in the GA Fund and the TX Fund, as applicable (the “Partnership Distributions”); provided that if on any Interest Payment Date, Partnership Distributions have not been sufficient to pay all amounts owing under this Section 3.4(c), all of the accrued and unpaid interest on each Loan shall be due and payable in arrears (after application of cash from the Partnership Distributions) on each such Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due paid in kind by capitalizing such interest and payable in accordance with adding it to the terms hereof before and after judgment, and before and after principal amount of the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawapplicable Loan.
Appears in 1 contract
Samples: Multiple Draw Term Credit Agreement (Six Flags Entertainment Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day Interest Period plus the Applicable Margin.
(b) Each CBFR US Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating US Base Rate plus the Applicable Margin.
(c) Each ABR Loan shall bear interest at a rate per annum equal to the ABR plus the Applicable Margin.
(d) Each Canadian Prime Rate Loan shall bear interest at a rate per annum equal to the Canadian Prime Rate plus the Applicable Margin.
(e) Upon acceptance of a Bankers’ Acceptance by a Revolving Lender, the Canadian Borrower shall pay to the Administrative Agent on behalf of such Revolving Lender a fee (the “Acceptance Fee”) calculated on the face amount of the Bankers’ Acceptance at a rate per annum equal to the Applicable Margin on the basis of the number of days in the Contract Period for such Bankers’ Acceptance. Any adjustment to the Acceptance Fee (including any adjustment as necessary to reflect the operation of paragraph (f) of this Section) shall be computed based on the number of days remaining in the Contract Period of such Bankers’ Acceptances from and including the effective date of any change in the Applicable Margin. Any increase in such Acceptance Fee shall be paid by the Canadian Borrower to the Administrative Agent on behalf of the Revolving Lenders on the last day of the Contract Period of the relevant Bankers’ Acceptance. Any decrease in such Acceptance Fee shall be paid by each Revolving Lender to the Canadian Borrower, through the Administrative Agent, on the last day of the Contract Period of the relevant Bankers’ Acceptance.
(i) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (w) in the Default Rate case of any Eurodollar Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2%, (x) in the case of ABR Loans and Reimbursement Obligations of the US Borrowers, the rate applicable Requirements to ABR Loans plus 2%, (y) in the case of Law.
any US Base Rate Loans and Reimbursement Obligations of the Canadian Borrower denominated in US Dollars, the rate applicable to US Base Rate Loans plus 2%, or (z) in the case of any Loans and Reimbursement Obligations denominated in Canadian Dollars and any Bankers’ Acceptances, the rate applicable to Canadian Prime Rate Loans plus 2%, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or Reimbursement Obligation or any Facility Fee or other amount payable hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default rate then applicable to ABR Loans if such amount is owed by the US Borrowers, or Canadian Prime Rate Loans, if such overdue amount is denominated in Canadian Dollars or US Base Rate Loans, if such overdue amount is denominated in US Dollars and owed by the Canadian Borrower, in each case, plus 2% (or, in the case of any such other amounts, the rate then applicable to ABR Loans or US Base Rate Loans plus 2% or to Canadian Prime Rate Loans plus 2%, as the fullest extent permitted by applicable Requirements case may be depending on the currency of Lawsuch amounts), in each case, with respect to clauses (i) and (ii) above, from the date of such non payment until such amount is paid in full (as well after as before judgment).
(iiig) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto (except with respect to Acceptance Fees upon acceptance of Bankers’ Acceptances, as to which paragraph (e) of this Section shall apply until the end of the respective Contract Periods therefor), provided that interest accruing pursuant to paragraph (f) of this Section shall be payable from time to time on demand. Interest in respect of Loans and at such Reimbursement Obligations that are denominated in US Dollars (and all other times as may amounts denominated in US Dollars) shall be specified hereinpayable in US Dollars, and interest in respect of Loans or Reimbursement Obligations that are denominated in Canadian Dollars (and all other amounts denominated in Canadian Dollars) shall be payable in Canadian Dollars.
(ei) Interest hereunder If any provision of this Agreement would obligate the Canadian Borrower to make any payment of interest or other amount payable to any Revolving Lender in an amount or calculated at a rate which would be prohibited by law or would result in a receipt by such Lender of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)), then notwithstanding such provision, such amount or rate shall be due and payable deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by law or so result in accordance with a receipt by such Revolving Lender of interest at a criminal rate, such adjustment to be effected, to the terms hereof before and after judgmentextent necessary, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.as follows:
Appears in 1 contract
Samples: Credit Agreement (Domtar CORP)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan Interest on the Non-Convertible Loans shall bear interest for be due quarterly in cash in immediately available funds on each day during March 31, June 30, September 30 and December 31 (each, an “Interest Date”) beginning on September 30, 2021. Interest on the Convertible Loans shall be due quarterly and paid in kind (“PIK Interest”) by adding such amount to the outstanding principal amount of the Convertible Loans on each Interest Period with respect thereto Date; provided that, (x) in the case of interest on the Convertible Loans that began accruing from January 1, 2023 until and including February 1, 2023 shall be paid in cash on March 31, 2023, and (y) at any time on and after February 2, 2023, interest on such Convertible Loans shall be paid in kind by adding such amount to the outstanding principal amount of the Convertible Loans on March 31, 2023. Any PIK Interest added to the then outstanding principal balance of the Convertible Loans shall begin accruing interest at the interest rate set forth in this Section 2.4, beginning on and including the Interest Date on which such PIK Interest is added to the principal amount of the Convertible Loans. All PIK Interest added to the principal balance of the Convertible Loans will, for all purposes of the Loan Documents, constitute outstanding principal on the Convertible Loans.
(b) Interest on all Loans shall accrue on the outstanding principal amount of the Loans at a rate per annum equal to the Adjusted LIBO Applicable Rate determined for such day plus from and including the Applicable MarginClosing Date through but excluding the date of payment, prepayment or conversion.
(bc) Each CBFR Loan Upon the occurrence and during the continuation of an Event of Default, all outstanding amounts (whether or not overdue) shall bear interest at a rate per annum equal to the CBFR Floating Applicable Rate plus four percent (4%) (“Default Interest”). In the Applicable Margin.
case of (i) If any amount of principal of any Loan is not Non-Convertible Loans, Default Interest shall be paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
in cash in immediately available funds on demand and (ii) If any amount (other than principal of any Loan Obligation) payable Convertible Loans, Default Interest shall be paid in kind by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders adding such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the outstanding principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest Convertible Loans on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Samples: Credit Agreement (Cadiz Inc)
Interest Rates and Payment Dates. (ai) Each During the Pre- -------------------------------- Completion Loan Period, (x) the unpaid principal amount of the Pre-Completion Loans (other than the Designated Pre-Completion Loan (as defined in the Original Loan Agreement)) shall bear interest for each Eurodollar Interest Period at the Floating Rate (as defined in the Original Loan Agreement) and (y) the unpaid principal amount of the Designated Pre-Completion Loan shall bear interest for each day during each Eurodollar Interest Period with respect thereto at a rate per annum equal the Special Floating Rate.
(ii) On the Second Capital Contribution Date Pre-Completion Loans in the aggregate principal amount of $115,000,000 shall be converted to Fixed Rate Loans bearing interest at the Fixed Interest Rate and the balance of the Pre- Completion Loans shall continue to bear interest at the Floating Rate.
(iii) The unpaid principal amount of Post-Completion Loans (other than the Working Capital Loan) borrowed on or after the Second Capital Contribution Date may, at the option of the Borrower, bear interest for each Eurodollar Interest Period at the Floating Rate or bear interest at the Fixed Interest Rate.
(iv) The Borrower shall have the option at any time prior to the Adjusted LIBO eighth anniversary of the Second Capital Contribution Date to convert the Floating Rate determined Loans to Fixed Rate Loans bearing interest at the Fixed Interest Rate on the date of conversion, in whole or in part (provided integral multiples of $5,000,000 are so converted) by giving the Lender seven Business Days irrevocable prior written notice of its election to convert specifying the amount to be converted and the requested conversion date. Fixed Rate Loans may not be converted to Floating Rate Loans.
(v) The unpaid principal amount of the Working Capital Loan shall bear interest at the Commercial Paper Rate for such day plus the Applicable Marginperiod from and including the date thereof until payment in full thereof.
(b) Each CBFR If all or a portion of the principal amount of any Loan made hereunder shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), any such overdue principal amount shall bear interest at a rate per annum equal which is 2% above the rate which would otherwise be applicable pursuant to subsection 3.3(a) (i), (ii), (iii), (iv) or (v) from the CBFR Floating Rate plus the Applicable Margindate of such non-payment until paid in full (as well after as before judgment).
(ic) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest Interest on the aggregate unpaid principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Loans shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto Date. Subject to the satisfaction of the conditions precedent set forth in subsections 5.2 and at such other times as 5.4, any interest on Pre-Completion Loans may be specified herein.
(e) Interest hereunder paid from the proceeds of a Pre-Completion Loan. Each payment of interest shall be due deemed to be a separate Pre-Completion Loan pursuant to subsection 2.1; provided, that, after giving effect to any such payment of interest, the -------- ---- aggregate outstanding principal amount of all Pre-Completion Loans shall not exceed the Pre-Completion Commitment. Any such payment of interest shall be evidenced by the Pre-Completion Note and payable shall be credited against the amount of interest accrued but unpaid on such Pre-Completion Note and such accrued but unpaid interest shall thereupon be deemed paid in accordance with the terms hereof before and after judgment, and before and after the commencement amount of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawsuch interest payment.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Eurocurrency Loan that is a Multicurrency Loan or a Domestic Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate determined for such day Interest Period plus the Applicable Margin.
(b) Each CBFR Eurocurrency Competitive Loan shall bear interest at a rate per annum equal to the CBFR Floating Eurocurrency Rate applicable to such Loan plus (or minus, as applicable) the Margin.
(c) Each ABR Loan shall bear interest at a rate per annum equal to the ABR plus the Applicable Margin.
(d) Each Fixed Rate Loan shall bear interest at the fixed rate applicable to such Loan.
(e) Each Money Market Rate Loan shall bear interest during the Interest Period applicable thereto at a rate per annum equal to the Money Market Rate applicable to such Loan.
(f) (i) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (x) in the Default Rate case of the Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2% per annum or (y) in the case of Reimbursement Obligations, the rate applicable Requirements of Law.
to ABR Loans plus 2% per annum, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or Reimbursement Obligation or any Facility Fee or Letter of Credit Fee payable hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon such overdue amount (in the request case of any Reimbursement Obligations denominated in an Optional Currency, converted into Dollars on the Required Lenders such amount applicable Reimbursement Date if necessary) shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate rate then applicable to ABR Loans, in each case, with respect to clauses (i) and (ii) above, from the fullest extent permitted by applicable Requirements date of Lawsuch nonpayment until such amount is paid in full (as well after as before judgment).
(iiig) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided, that interest accruing pursuant to Section 2.15(f) shall be specified hereinpayable from time to time on demand.
(eh) Interest All interest hereunder shall be due and payable paid in accordance with the terms hereof before and after judgment, and before and after Currency in which the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.Loan giving rise to such interest is denominated. 509265-1725-08888-13316466 50
Appears in 1 contract
Interest Rates and Payment Dates. The Borrowers shall pay interest in respect of the outstanding unpaid principal amount of the Revolving Loans as selected by it from the Base Rate or LIBOR Rate set forth below applicable thereto, it being understood that, subject to the provisions of this Agreement, the Borrowers may select different interest rates and different Interest Periods to apply simultaneously to Revolving Loans comprising different Tranches and may convert to or renew one or more applicable interest rates with respect to all or any portion of Revolving Loans comprising any Tranche, provided, that there shall not be at any one time outstanding more than ten (10) Tranches in the aggregate (including one Base Rate Tranche and one Swing Line Loan Tranche). If at any time the designated rate applicable to any Loan made by any Bank exceeds such Bank’s highest lawful rate, the rate of interest on such Bank’s Loan shall be limited to such Bank’s highest lawful rate.
(a) Each Eurodollar Subject to the provisions of Section 2.10, each Base Rate Loan shall bear interest for each day during each Interest Period with respect thereto (computed on the basis of the actual number of days elapsed over a year of 365 or 366 days, as the case may be) at a rate per annum equal to the Adjusted LIBO Base Rate determined for such day plus the Applicable MarginMargin for Base Rate Loans.
(b) Each CBFR Subject to the provisions of Section 2.10, (i) each LIBOR Loan shall bear interest at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to the CBFR Floating LIBOR Rate for the Interest Period in effect for such LIBOR Loan plus the Applicable MarginMargin and (ii) each Swing Line Loan shall bear interest at the rate provided in Section 2.3; provided, however, if the Swing Line Loan bears interest at the Daily LIBOR Rate, interest shall be computed in accordance with clause (i) of this Section 2.9(b).
(i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(dc) Interest on each Revolving Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto to such Loan; provided, that (i) interest accruing on overdue amounts pursuant to Section 2.10 shall be payable on demand as provided in such Section and at (ii) accrued and unpaid interest on such other times as may Loans shall be specified hereinpayable on the Revolver Termination Date. Interest on each Swing Line Loan shall be payable on the day such Swing Line Loan becomes due, including the Revolver Termination Date.
(ed) Interest hereunder As soon as practicable the Agent shall notify the Borrowers and the Banks of (i) each determination of a LIBOR Rate or Daily LIBOR Rate and (ii) the effective date and the amount of each change in the interest rate on a LIBOR Loan, Daily LIBOR Loan or Base Rate Loan. Each determination of an interest rate by the Agent, pursuant to any provision of this Agreement (including this Section 2.9 and Section 2.10) shall be due conclusive and payable binding on the Borrowers and the Banks in accordance with the terms hereof before absence of clearly demonstrable error. At the request of the Borrowers, the Agent shall deliver to the Borrowers a statement showing the quotations used by it in determining any interest rate pursuant to subsections 2.9(a) and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law(b).
Appears in 1 contract
Samples: Credit Agreement (Tasty Baking Co)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan that is a Tranche A-1 Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day plus the Applicable Margin. Each Eurodollar Loan that is a Tranche A-2 Loan or Tranche B Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such day plus the Applicable Expansion Margin.
(b) Each CBFR ABR Loan that is a Tranche A-1 Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus the Applicable Margin. Each ABR Loan that is a Tranche A-2 Loan or Tranche B Loan shall bear interest at a rate per annum equal to the ABR plus the Applicable Expansion Margin.
(ic) If any amount Following the occurrence and during the continuance of principal an Event of any Default, a rate per annum equal to 2.00% above the rate per annum required to be paid on a Eurodollar Loan is or an ABR Loan, as the case may be.
(d) Any other amounts payable hereunder and under the other Working Capital Facility Loan Documents that are not paid when due shall (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Lawlaw) bear interest, from the date when due until paid in full, at a rate per annum equal at all times to the Working Capital Facility Lender Default Rate.
(iie) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to paragraph (c) or (d) of this Section shall be specified hereinpayable from time to time on demand.
(ef) Interest hereunder In connection with each Working Capital Facility Borrowing pursuant to Section 2.2 and each continuation and/or conversion pursuant to Section 2.5, the Working Capital Facility Administrative Agent shall be due and payable in accordance promptly notify each Working Capital Facility Lender of the applicable interest rate with the terms hereof before and respect thereto promptly after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawdetermination thereof.
Appears in 1 contract
Samples: Working Capital Facility Credit Agreement (Ica Corp)
Interest Rates and Payment Dates. The Borrowers shall pay interest in respect of the outstanding unpaid principal amount (i) of the 364 Day Loans as selected by it from the Base Rate, the LIBOR Rate or the Daily LIBOR Rate set forth below applicable thereto and (ii) of the Revolving Loans as selected by it from the Base Rate or LIBOR Rate set forth below applicable thereto, it being understood that, subject to the provisions of this Agreement, the Borrowers may select different interest rates and different Interest Periods to apply simultaneously to 364 Day Loans and Revolving Loans comprising different Tranches and may convert to or renew one or more applicable interest rates with respect to all or any portion of 364 Day Loans and Revolving Loans comprising any Tranche, provided, that there shall not be at any one time outstanding more than ten (10) Tranches in the aggregate outstanding at any time under both Facilities (including one Base Rate Tranche and one Daily LIBOR Rate Tranche, but excluding Swing Line Loans). If at any time the designated rate applicable to any Loan made by any Bank exceeds such Bank's highest lawful rate, the rate of interest on such Bank's Loan shall be limited to such Bank's highest lawful rate.
(a) Each Eurodollar Subject to the provisions of Section 2.10, (i) each Base Rate Loan shall bear interest for each day during each Interest Period with respect thereto (computed on the basis of the actual number of days elapsed over a year of 365 or 366 days, as the case may be) at a rate per annum equal to the Adjusted LIBO Base Rate determined plus the Applicable Margin for Base Rate Loans, and (ii) each Swing Line Loan shall be a Daily LIBOR Loan based on the Daily LIBOR Rate.
(b) Subject to the provisions of Section 2.10, each LIBOR Loan and each Daily LIBOR Loan shall bear interest, respectively, at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to the LIBOR Rate for the Interest Period in effect for such day LIBOR Loan or the Daily LIBOR Rate in effect for such Daily LIBOR Loan plus the Applicable Margin.
(b) Each CBFR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate plus the Applicable Margin.
(i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(dc) Interest on each 364 Day Loan and Revolving Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto to such Loan; provided, that (i) interest accruing on overdue amounts pursuant to Section 2.10 shall be payable on demand as provided in such Section and at (ii) accrued and unpaid interest on such other times Loans shall be payable on the 364 Day Termination Date or the Revolver Termination Date, as the case may be. Interest on each Swing Line Loan shall be specified hereinpayable on the day such Swing Line Loan becomes due, including the 364 Day Termination Date.
(ed) Interest hereunder As soon as practicable the Agent shall notify the Borrowers and the Banks of (i) each determination of a LIBOR Rate or Daily LIBOR Rate and (ii) the effective date and the amount of each change in the interest rate on a LIBOR Loan or Base Rate Loan. Each determination of an interest rate by the Agent, pursuant to any provision of this Agreement (including this Section 2.9 and Section 2.10) shall be due conclusive and payable binding on the Borrowers and the Banks in accordance with the terms hereof before absence of clearly demonstrable error. At the request of the Borrowers, the Agent shall deliver to the Borrowers a statement showing the quotations used by it in determining any interest rate pursuant to subsections 2.9(a) and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law(b).
Appears in 1 contract
Samples: Credit Agreement (Tasty Baking Co)
Interest Rates and Payment Dates. (a) Each Subject to the provisions of Section 2.6(c), Initial Loans comprising any Eurodollar Loan Borrowing shall bear interest for each day during each Interest Period with respect thereto the period from and including the Closing Date to, but excluding, the Initial Maturity Date on the unpaid principal thereof at a rate per annum equal to the Adjusted LIBO Rate determined for the Interest Period in effect for such day Borrowing plus the Applicable Margin.
; provided that, in the event of conditions described in clause (bc) Each CBFR Loan below, affected Initial Loans shall bear accrue interest from and including the date of such event to, but excluding, the Initial Maturity Date on the unpaid principal thereof at a rate per annum equal to the CBFR Floating Alternate Base Rate from time to time in effect.
(b) Term Loans shall bear interest for the period from and including the Initial Maturity Date to, but excluding, the Final Maturity Date or date of exchange for an Exchange Note on the unpaid principal thereof at a rate per annum equal to the Adjusted Rate plus the Applicable Adjusted Margin.
(c) In the event, and on each occasion, that on the day two (2) Business Days prior to the commencement of any Interest Period for a Eurodollar Borrowing the Administrative Agent shall have reasonably determined that (i) If Dollar deposits in the principal amounts of the Loans comprising such Borrowing are not generally available in the London interbank market, (ii) the rates at which such Dollar deposits are being offered will not adequately and fairly reflect the cost to any Lender of making or maintaining its Eurodollar Loan during such Interest Period, or (iii) that reasonable means do not exist for ascertaining the Adjusted LIBO Rate, the Administrative Agent shall, as soon as practicable thereafter, give written or telecopy notice of such determination to the Borrower and the Lenders. In the event of any such determination, until the Administrative Agent shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, the Borrowing shall, on the last day of the current Interest Period therefor shall be converted to an ABR Borrowing. Each determination by the Administrative Agent hereunder shall be conclusive absent manifest error.
(d) Notwithstanding the foregoing clauses (a), (b), and (c), the interest rate borne by the Loans and Exchange Notes shall not exceed 16% per annum. To the extent the interest on any Loan exceeds a rate of 14% per annum, the Borrower may elect to pay such excess interest (or portion thereof) by (i) paying the appropriate PIK Interest Amount through the increase in the principal amount of the applicable Loans and (ii) if requested by any Lenders, the issuance of Subsequent Initial Notes or Subsequent Term Notes, as the case may be, in an aggregate principal amount equal to all or a portion of such excess interest to be paid.
(e) If all or a portion of (i) the principal amount of any Loan is of the Loans, (ii) any interest payable thereon, or (iii) any commitment fee or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise, but taking into account any applicable grace period under Section 7(a)), such overdue amount shall thereafter shall, without limiting the rights of the Lenders under Section 7, bear interest at a fluctuating interest rate per annum at all times equal which is (x) in the case of overdue principal, the rate that would otherwise be applicable thereto pursuant to the Default Rate foregoing provisions of this subsection plus 2% or (y) in the case of overdue interest, commitment fees or other amounts due and payable hereunder, the applicable rate hereunder for any Loan (but without giving effect to the fullest extent permitted by applicable Requirements of Lawforegoing clause (x)) plus 2%.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at upon the maturity date of the Loan in respect of which any such other times as may be specified herein.
(einterest is accruing, provided that interest accruing pursuant to Section 2.6(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Federal Mogul Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar Eurocurrency Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate determined for such day Interest Period plus the Applicable Margin.
(b) Each CBFR Eurocurrency Competitive Loan shall bear interest at a rate per annum equal to the CBFR Floating Eurocurrency Base Rate applicable to such Loan plus (or minus, as applicable) the Margin.
(c) Each ABR Loan shall bear interest at a rate per annum equal to the ABR plus the Applicable Margin.
(d) Each Canadian Base Rate Loan shall bear interest at a rate per annum equal to the Canadian Base Rate plus the Applicable Margin.
(e) Each Fixed Rate Loan shall bear interest at the Fixed Rate applicable to such Loan.
(f) Each Money Market Rate Loan shall bear interest during the Interest Period applicable thereto at a rate per annum equal to the Money Market Rate applicable to such Loan.
(g) (i) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (x) in the Default Rate case of the Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2% per annum or (y) in the case of Reimbursement Obligations, the rate applicable Requirements of Law.
to ABR Loans under the applicable Domestic Revolving Facility plus 2% per annum, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or Reimbursement Obligation or any facility fee, Letter of Credit Fee or Acceptance Fee payable hereunder in respect of any Facility shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default rate then applicable to ABR Loans or Canadian Base Rate Loans, as applicable under the relevant Facility unless such overdue amount is denominated in an Optional Currency, in which case such overdue amount shall bear interest at a rate per annum equal to the fullest extent permitted by highest rate then applicable Requirements under this Agreement to Multicurrency Revolving Loans of Lawthe applicable Class denominated in such Optional Currency plus 2% per annum (or, in the case of any such other amounts that do not relate to a particular Facility, the rate then applicable to ABR Loans under (x) for any Revolving Lender, the applicable Class of Domestic Revolving Facility (y) [Reserved] and (z) for the Administrative Agent, the 2019 Domestic Revolving Facility, in each case plus 2% per annum), in each case, with respect to clauses (i) and (ii) above, from the date of such non‑payment until such amount is paid in full (as well after as before judgment).
(iiih) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
Date, provided that interest accruing pursuant to paragraph (eg) Interest hereunder of this Section shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Samples: Credit Agreement (Ford Motor Co)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan Advance -------------------------------- representing Tranche A Participation Interests shall bear interest at a rate per annum determined as follows:
(i) during the Term of the Lease and ending on the initial Expiration Date, each Advance representing Tranche A Participation Interests shall bear interest at a rate per annum equal to [*] for the period commencing on the initial Funding Date and ending on the initial Expiration Date; and
(ii) during the Renewal Term of the Lease, if any, each Advance representing Tranche A Participation Interests shall bear interest at a rate per annum equal to [*] for the period commencing on the first day of the Renewal Term and ending on the last day of the Renewal Term. [* Confidential Information] Each Advance (other than the initial Advance) in respect of the Tranche B Participation Interests shall bear interest for each day during each Interest Period with respect thereto at a rate per annum for such Interest Period equal to the Adjusted LIBO Three Month Eurodollar Rate determined for such day plus the Applicable Margin. The initial Advance representing Tranche B Participation Interests shall bear interest at a rate equal to the Alternate Base Rate until commencement of the initial Interest Period.
(b) Each CBFR Loan If all or a portion of (i) the amount of any Advance, (ii) any interest payable thereon or (iii) any other amount payable hereunder shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum which is equal to the CBFR Floating Rate plus the Applicable MarginOverdue Rate.
(c) Interest shall be payable in cash (except as provided in paragraphs (d) and (e) below) in arrears on each Scheduled Payment Date, ---------------------- provided that (i) If any amount interest accruing pursuant to paragraph (b) of principal of any Loan is not paid when due (without regard this Section -------- ------------- ------- 3.7 shall be payable from time to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
time on demand and (ii) If any amount (other than principal each prepayment of any Loan Obligation) payable --- Advances shall be accompanied by the Borrowers under any Loan Document is not paid when due (after giving effect accrued interest to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of such prepayment on the occurrence amount of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandAdvances so prepaid.
(d) Interest on On each Loan date which is three Business Days prior to any Scheduled Payment Date during the Construction Period, the Lessee shall be deemed to have requested an Advance comprised of an Interest Payment Advance pursuant to Section 3.4 and the Lessor shall be deemed to have requested a purchase pursuant ----------- to Section 3.2 of Participation Interests in such Advance in an amount equal to ----------- the aggregate amount of the Basic Rent due and payable in arrears on each such date with respect to accrued interest on outstanding Advances. The Funding Date with respect to any such Interest Payment Advance and purchase of Participation Interests therein shall be the relevant Scheduled Payment Date (provided that such Advance -------- and the purchase of such Participation Interests shall be subject to satisfaction of the applicable thereto conditions precedent set forth in Section 6) and at --------- the proceeds of such other times as may payment shall be specified hereinapplied to pay such accrued interest. On each such Funding Date, the Property Cost shall be increased by an amount equal to the Basic Rent paid on such date with respect to such Property with the proceeds of such payment, and the Land Interest Acquisition Cost and Property Improvements Costs shall be increased by their pro rata portions of such Advance.
(e) Interest hereunder After the Construction Period, interest accruing on the Tranche A Participation Interests shall be due and payable in accordance with by offsetting interest accruing on the terms hereof before and after judgment, and before and after Defeasance Deposit pursuant to the commencement Defeasance Deposit Agreement as of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawthe applicable Payment Date.
Appears in 1 contract
Samples: Participation Agreement (Vitesse Semiconductor Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar The Loan shall bear interest for each day during each Interest Period with respect thereto at a floating rate per annum equal to the Interest Rate in effect from time to time. The Adjusted LIBO Rate shall be determined by the Administrative Agent, and notice thereof (the “Adjusted LIBO Rate Notice”) shall promptly be given to the Lenders and the Borrower. The Administrative Agent shall provide the Borrower or any Lender such information as it may reasonably request for verification of such day plus rate. In the Applicable Marginevent that the Required Lenders do not concur with such determination by the Administrative Agent, as evidenced by notice to the Administrative Agent by such Lenders within five (5) Business Days after receipt by such Lenders of the applicable Adjusted LIBO Rate Notice, the determination of the Adjusted LIBO Rate shall be made by the Required Lenders in accordance with the provisions of this Loan Agreement and shall be conclusive and binding absent manifest error. Such notice shall include a facsimile transmission of the relevant screen and calculations and such other information as the Administrative Agent may reasonably request for verification.
(b) Each CBFR Loan If all or a portion of the principal amount of, or accrued Interest on, the Loan, or any other amount payable hereunder, shall bear interest at a rate per annum equal to the CBFR Floating Rate plus the Applicable Margin.
(i) If any amount of principal of any Loan is not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to shall, and during the Default Rate to continuance of an Event of Default, the fullest extent permitted by applicable Requirements unpaid principal balance of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods)Loan, whether at stated maturity, by acceleration or otherwise, then upon shall, without limiting the request rights of the Required Agents or the Lenders such amount shall thereafter under any Loan Document, bear interest at a fluctuating interest the rate per annum at all times equal to (the Default “Overdue Rate”) which is 2.0% above the applicable Interest Rate to the fullest extent permitted by applicable Requirements of Law.
then in effect under clause (iiia) Upon the request of the Required Lendersdefinition thereof, while any Event of Default exists (or automatically while in each case from the date due until payment is made. Such interest shall be payable on demand, provided that this Section 3.3(b) shall not apply to an Event of Default exists under paragraph that has been waived by the Lenders pursuant to Section 13.2.
(fc) Interest on the Loan shall be payable monthly in Section 7.01arrears on the first Business Day of each calendar month (commencing on the first such day to occur after the initial Advance Date), the Borrowers shall pay interest on the principal amount Maturity Date and on any other day on which the Loan Balance, or a portion thereof, is to be reduced pursuant to the terms and conditions of all outstanding Obligations this Loan Agreement and the other Loan Documents (each such date being referred to as an ‘“Interest Payment Date”); provided that (i) Interest accruing pursuant to subsection (b) above shall be payable from time to time on demand and after (ii) each prepayment of the Loan shall be accompanied by accrued Interest to the date of such prepayment on the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to amount prepaid, plus any LIBOR Breakage Amount, the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgmentPrepayment Premium, if any, and before and after any fees or other amounts then payable by the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawthe Loan Documents.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day interest, during each the applicable Eurodollar Interest Period with respect thereto Period, at a rate per annum equal to the Adjusted LIBO applicable Eurodollar Rate plus the Applicable Margin. The Applicable Margin for each Eurodollar Loan shall be determined based upon the calculations submitted to the Banks pursuant to subsection 6.1(b) and shall be effective as of the first day of the fiscal quarter next following the date such calculations are submitted to the Banks. Any change in such Applicable Margin as a consequence of the Bank's review of the aforesaid calculation after the effective date of such Applicable Margin shall be retroactively applied to the first day such Applicable Margin became effective. In the event the Applicable Margin for a Eurodollar Loan can not be determined at any time because the Borrower's financial statements for the immediately preceding fiscal quarter are not available at such time, the Applicable Margin for each Eurodollar Loan shall be presumed to be the same as the Applicable Margin for such day Eurodollar Loans as of the last FQED for which the Borrower's financial statements were available.
(b) Each Alternate Base Rate Loan shall bear interest for so long as it is outstanding and unpaid at a rate per annum equal to the Alternate Base Rate plus the Applicable Margin.
(bc) Each CBFR Swingline Loan shall bear interest for so long as it is outstanding and unpaid at a rate per annum equal to the Swingline Rate.
(d) If all or a portion of the principal amount of any Loan or any interest payable thereon shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum (the "Default Rate") which is equal to the CBFR Floating Rate rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this subsection plus two percent (2%) from the Applicable Margindate of such non-payment until such amount is paid in full (after, as well as before, judgment).
(ie) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date and be identified for each Type of Loan; PROVIDED, THAT interest accruing at the Default Rate pursuant to subsection 2.3(d) shall be payable on receipt of written demand. In the event the rate of interest applicable thereto to any Eurodollar Loan decreases as a consequence of a decrease in the Applicable Margin with respect thereto, the Borrower shall be entitled to apply the difference between the amount of interest paid and at the amount of interest due (after giving effect to such other times reduction) as may be specified hereina credit against the next installment of interest due hereunder. In the event the rate of interest applicable to any Eurodollar Loan increases as a consequence of an increase in the Applicable Margin with respect thereto, the Borrower shall pay the difference between the amount of interest paid and the amount of interest due (after giving effect to such increase) on the next Interest Payment Date.
(ef) Interest hereunder In the event the total amount of any payment of principal or interest or amounts due in respect of any Reimbursement Obligation or of any fee required to be paid under this Agreement is not received by the Agent or the Issuing Bank, as the case may be, within ten (10) days following the due date of such payment, the Borrower shall, in addition to and together with such payment, pay to the Agent or the Issuing Bank, as the case may be, a late charge equal to five percent (5%) of the total amount of such payment or amount due; PROVIDED, such late charge shall not be due and payable in accordance respect of any overdue payment in the event the Borrower was entitled to an advance in the amount of such payment under the provisions of subsection 2.1 at the time such payment became due, the Borrower duly requested such advance in compliance with the terms hereof before and after judgmentrequirements of this Agreement, and before and the Banks failed to provide such advance without cause. The Borrower authorizes the Agent to debit any of the accounts of the Borrower or its Subsidiaries at or assigned to the Agent on or after the commencement due date of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawsuch payment and a late charge shall not be payable to the extent the balances in such accounts are sufficient on the due date to meet such payment.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Eurocurrency Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate for such Eurocurrency Loan determined for such day plus the Applicable Margin.
(b) Each CBFR Base Rate Loan (including Dollar Swing Line Loans and Multicurrency Swing Line Loans denominated in United States Dollars) shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Margin. Each Prime Rate Loan (including Multicurrency Swing Line Loans denominated in Canadian Dollars) shall bear interest at a rate per annum equal to the Prime Rate plus the Applicable Margin.
(ic) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such amount all outstanding Obligations (whether or not overdue) (to the extent legally permitted) shall thereafter bear interest at a fluctuating interest rate per annum that is equal to (i) in the case of the Loans, the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2.00%, (ii) in the case of Reimbursement Obligations, the rate applicable to Base Rate Loans or (with respect to Reimbursement Obligations in respect of Letters of Credit denominated in Canadian Dollars) Prime Rate Loans in respect of the applicable Facility plus 2.00%, and (iii) in the case of any interest payable on any Loan or Reimbursement Obligation or any commitment fee or other amount payable hereunder, at all times a rate per annum equal to the Default rate then applicable to Base Rate Loans or (with respect to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of interest payable on any Loan Obligationdenominated in Canadian Dollars or on any Reimbursement Obligations in respect of Letters of Credit denominated in Canadian Dollars) payable by Prime Rate Loans under the Borrowers under any Loan Document is applicable Working Capital Facility plus 2.00%, in each case, from the date of such nonpayment until such amount not paid when due is paid in full (after giving effect to any applicable grace periodsas well as before judgment), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with or on the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.applicable
Appears in 1 contract
Samples: Amended and Restated Credit Agreement (Sprague Resources LP)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan Advance -------------------------------- representing Tranche A Participation Interests shall bear interest at a rate per annum determined as follows:
(i) during the Term of the Lease and ending on the initial Expiration Date, each Advance representing Tranche A Participation Interests shall bear interest at a rate per annum equal to [*] for the period commencing on the initial Funding Date and ending on the initial Expiration Date; and [* CONFIDENTIAL INFORMATION]
(ii) during any Renewal Term of the Lease, if any, each Advance representing Tranche A Participation Interests shall bear interest at a rate per annum equal to [*] for the period commencing on the first day of such Renewal Term and ending on the last day of such Renewal Term. Each Advance in respect of the Tranche B Participation Interests shall bear interest for each day during each Interest Period with respect thereto at a rate per annum for such Interest Period equal to the Adjusted LIBO Three Month Eurodollar Rate determined for such day plus the Applicable Margin.
(b) Each CBFR Loan If all or a portion of(i) the amount of any Advance, (ii) any interest payable thereon or (iii) any other amount payable hereunder shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum which is equal to the CBFR Floating Rate plus the Applicable MarginOverdue Rate.
(c) Interest shall be payable in cash (except as provided in paragraphs (d) and (e) below) in arrears on each Scheduled Payment Date, provided that (i) If any amount interest accruing pursuant to paragraph (b) of principal of any Loan is not paid when due (without regard this Section 3.7 shall be payable from time to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
time on demand and (ii) If any amount (other than principal each prepayment of any Loan Obligation) payable Advances shall be accompanied by the Borrowers under any Loan Document is not paid when due (after giving effect accrued interest to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of such prepayment on the occurrence amount of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandAdvances so prepaid.
(d) On each date which is three Business Days prior to any Scheduled Payment Date during the Interest on each Loan Capitalization Period, the Lessee shall be deemed to have requested an Advance comprised of an Interest Payment Advance pursuant to Section 3.4 and the Lessor shall be deemed to have requested a purchase pursuant to Section 3.2 of Participation Interests in such Advance in an amount equal to the aggregate amount of the Basic Rent due and payable in arrears on each such date with respect to accrued interest on outstanding Advances. The Funding Date with respect to any such Interest Payment Advance and purchase of Participation Interests therein shall be the relevant Scheduled Payment Date (provided that such Advance and the purchase of such Participation Interests shall be subject to satisfaction of the applicable thereto conditions precedent set forth in Section 6) and at the proceeds of such other times as may payment shall be specified hereinapplied to pay such accrued interest. On each such Funding Date, the Property Cost shall be increased by an amount equal to the Basic Rent paid on such date with respect to such Property with the proceeds of such payment, and the Property Cost of each item of Equipment shall be increased by its pro rata portion of such Advance.
(e) After the Interest hereunder Capitalization Period, interest accruing on the Tranche A Participation Interests shall be due and payable in accordance with by offsetting interest accruing on the terms hereof before and after judgment, and before and after Defeasance Deposit pursuant to the commencement Defeasance Deposit Agreement as of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawthe applicable Payment Date.
Appears in 1 contract
Samples: Participation Agreement (Vitesse Semiconductor Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan that is a Revolving Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day Interest Period plus the Applicable MarginMargin for Eurodollar Loans that are Revolving Loans.
(b) Each CBFR Eurodollar Loan under the Term B Loan shall bear interest for each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such Interest Period plus the Applicable Margin for Eurodollar Loans that are under the Term B Loan.
(c) Each ABR Loan that is a Revolving Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus the Applicable MarginMargin for ABR Loans that are Revolving Loans.
(id) Each ABR Loan under the Term B Loan shall bear interest at a rate per annum equal to the ABR plus the Applicable Margin for ABR Loans that are under the Term B Loan.
(e) If any amount of principal of payable by the Company under any Loan Credit Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods). Furthermore, whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such Lenders, while any Event of Default exists, the Company shall pay interest on the principal amount shall thereafter bear interest of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) . Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(df) Interest on each Loan Revolving Loans and the Term Loans shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to paragraph (e) of this Section 2.9 shall be specified hereinpayable from time to time on demand.
(eg) Interest hereunder The principal amount of, and any unpaid interest on, all Loans shall be due and payable in accordance with full on the terms hereof before and after judgmentrespective Termination Date unless accelerated sooner pursuant to Section 6.1 or unless subject to a mandatory prepayment required by Section 2.6(b).
(h) The Swingline Loans shall bear interest, and before such interest shall be payable, as specified in Section 2.13(c).
(i) Each Eurodollar Loan under the Incremental Term Loan shall bear interest for each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such Interest Period plus the applicable margin agreed to among the Company and after the commencement of any proceeding by or against any Borrower Lenders making the Incremental Term Loan.
(j) Each ABR Loan under any bankruptcy, insolvency, reorganization or similar lawthe Incremental Term Loan shall bear interest at a rate per annum equal to the ABR plus the applicable margin agreed to among the Company and the Lenders making the Incremental Term Loan.
Appears in 1 contract
Samples: Credit Agreement (Hercules Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day plus the Applicable Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating ABR plus the Applicable Margin.
(c) Each CDOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the CDOR Rate determined for such day plus the Applicable Margin.
(d) Each Canadian Prime Rate Loan shall bear interest at a rate per annum equal to the Canadian Prime Rate plus the Applicable Margin.
(e) Upon acceptance of a Bankers’ Acceptance by a Lender, the Borrower shall pay to the Administrative Agent on behalf of such Lender a fee (the “Acceptance Fee”) calculated on the face amount of the Bankers’ Acceptance at a rate equal to the Applicable Margin on the basis of the number of days in the Contract Period for such Bankers’ Acceptance. Any adjustment to the Acceptance Fee as a result of a change in the Applicable Margin shall be computed based on the number of days remaining in the Contract Period of such Bankers’ Acceptances from and including the effective date of any change in the Applicable Margin. Any increase in such Acceptance Fee shall be paid by the Borrower to the Administrative Agent on behalf of the Lenders on the last day of the Contract Period of the relevant Bankers’ Acceptance. Any decrease in such Acceptance Fee shall be paid by each Lender to the Borrower, through the Administrative Agent, on the last day of the Contract Period of the relevant Bankers’ Acceptance.
(i) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (w) in the Default Rate case of the Loans (other than Bankers’ Acceptances), the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2%, (x) in the case of Reimbursement Obligations of the Borrower with respect to any Dollar denominated Letter of Credit, the rate applicable Requirements to ABR Loans plus 2% or (y) in the case of Law.
Reimbursement Obligations of the Borrower with respect to any Canadian Dollar denominated Letter of Credit and Bankers’ Acceptances, the rate applicable to Canadian Prime Rate Loans plus 2%, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or Reimbursement Obligation or any Commitment Fee or other amount payable hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default rate then applicable to ABR Loans or Canadian Prime Rate Loans, as applicable, plus 2%, in each case, with respect to clauses (i) and (ii) above, from the fullest extent permitted by applicable Requirements date of Lawsuch non-payment until such amount is paid in full (as well after as before judgment).
(iiii) Upon If any provision of this Agreement would obligate the request Borrower to make any payment of interest or other amount payable to any Lender in an amount or calculated at a rate which would be prohibited by law or would result in a receipt by such Lender of interest at a criminal rate (as such terms are construed under the Required Lenders, while any Event of Default exists Criminal Code (or automatically while an Event of Default exists under paragraph (f) in Section 7.01Canada)), then notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the Borrowers shall pay maximum amount or rate of interest, as the case may be, as would not be so prohibited by law or so result in a receipt by such Lender of interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal criminal rate, such adjustment to be effected, to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times necessary, as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.follows:
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day plus the Applicable Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus the Applicable Margin.
(ic) Interest shall be payable in arrears on each Interest Payment Date. In the case of each ABR Loan, interest shall be payable on the Interest Payment Date with respect to the full number of calendar days of the immediately preceding month for which such ABR Loan was outstanding. On or prior to each Interest Payment Date, the Administrative Agent shall make a demand on the Interest Reserve Letter of Credit in accordance with its terms in order that on each Interest Payment Date an amount equal to the amount of the interest payable on such Interest Payment Date on the Tranche B Loans and the portion of the Tranche A Loans guaranteed by the Federal Guarantor is available for payment of such interest. The proceeds of each such drawing shall be received by the Administrative Agent in trust for the benefit of the Tranche A Lenders and Tranche B Lenders and shall be applied directly to such interest and shall not be commingled with any funds received directly from the Borrower for the payment of any other interest on the Loans.
(d) If any all or a portion of the principal amount of principal of any Loan is shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise) such overdue amount shall bear interest at the rate determined in accordance with paragraphs (a) and (b) above until such principal amount is paid in full. If all or a portion of any interest payable on any Loan or any other amount payable hereunder shall not be paid when due (whether at the stated maturity, or acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal then applicable to the Default Rate to the fullest extent permitted by applicable Requirements of LawABR Loans.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Samples: Term Loan Agreement (Wheeling Pittsburgh Corp /De/)
Interest Rates and Payment Dates. (a) Each Eurodollar The Term Loan shall bear interest on the outstanding principal amount thereof for each day during each Interest Period with respect thereto from the Drawdown Date until the Maturity Date, at a rate per annum equal to (i) 7.75% from the Adjusted LIBO Rate determined for such day Drawdown Date until the Reset Date (exclusively) and (ii) LIBOR plus 3.50% from the Applicable MarginReset Date (inclusively) until the Maturity Date.
(b) Each CBFR Loan If all or a portion of (i) any principal of the Term Loan, (ii) any interest payable thereon, or (iii) any other amount payable hereunder shall not be paid when due (whether at the stated maturity, by acceleration, or otherwise), such overdue amount shall commence to bear interest at a rate per annum equal to 2% in excess of the CBFR Floating Rate plus then applicable interest rate on the Applicable MarginTerm Loan, from the date of nonpayment until such overdue amount is paid in full.
(ic) If any amount of principal of any Interest on the Term Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal accrued from the Drawdown Date to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
Reset Date (ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interestexclusively) shall be due and payable upon demandon the First Repayment Date. Interest on the Balance accrued from the Reset Date (inclusively) to the Maturity Date shall be due and payable on the Maturity Date. For the avoidance of doubt, it is understood and agreed that interest from the Reset Date (inclusively) until the First Repayment Date (exclusively) on the First Installment shall accrue at a rate per annum of LIBOR plus 3.50% and shall be due and payable on the First Repayment Date.
(d) Interest on each In addition to the interest payments provided for in this Section 2.3, the Borrower shall pay to the Lender a fee of 0.50% of the principal amount of the Term Loan shall as a structuring fee to be due earned and payable in arrears to the Lender on each Interest Payment Date applicable thereto and at such other times as may be specified hereinthe Drawdown Date.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO LIBOR Rate determined for such day plus the Applicable Margin.
(b) Each CBFR Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Margin; provided, however, that notwithstanding anything to the contrary contained in this Agreement, at no time shall the interest rate applicable to Tranche B Revolving Credit Loans be less than 12% per annum.
(c) In addition to the interest payable in respect of Tranche B Revolving Credit Loans pursuant to Section 4.6(b), each Tranche B Revolving Credit Loan shall also bear interest at a rate per annum equal to 3.00% ("PIK Interest Rate"); provided, that if the Termination Date does not occur prior to September 1, 2002, the PIK Interest Rate shall increase by 1.00% per annum monthly, on the first day of each calendar month, commencing on September 1, 2002. The amount of interest accrued pursuant to this paragraph (c) shall be calculated monthly, on the last day of each calendar month, and such accrued amount shall be added to the principal amount of the Tranche B Revolving Credit Loans on each such last day; provided, however, that amounts added to principal pursuant to this Section 4.6(c) shall not (i) be included in determining Tranche B Available Revolving Credit Commitments and (ii) bear cash interest pursuant to Section 4.6(b) but shall bear interest at the PIK Interest Rate pursuant to this Section 4.6(c).
(d) If all or a portion of (i) any amount of principal of any Loan is Loan, (ii) any interest payable thereon, (iii) any commitment fee, (iv) any Reimbursement Obligation or (v) any Letter of Credit fee or commission or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), the principal of the Loans, the Reimbursement Obligations and any such overdue interest, fee or other amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is the rate that would otherwise be applicable thereto pursuant to the Default Rate to the fullest extent permitted by applicable Requirements foregoing provisions of Lawthis subsection plus 3%.
(iie) If any amount (other than principal of any Loan Obligation) Interest, fees and expenses payable by to the Borrowers under any Loan Document is not Tranche B Lenders hereunder shall be paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request out of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal Interest Escrow Account. Interest, fees and expenses payable to the Default Rate Tranche A Lenders hereunder shall be paid out of the Interest Escrow Account to the fullest extent permitted by applicable Requirements that the amount in the Interest Escrow Account exceeds the lesser of Law(a) $5,000,000 and (b) the amount of fees and interest projected to be paid to the Tranche B Lenders until the Termination Date.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
Date, provided that (ei) Interest hereunder interest payable pursuant to paragraph (c) of this Section 4.6 shall be due payable on the Termination Date and (ii) interest accruing pursuant to paragraph (d) of this Section 4.6 shall be payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar (i) Eurocurrency Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate determined for such day plus the Applicable Margin.
Margin in effect for such day with respect to such Loan and (bii) Each CBFR Loan BA Equivalent Loans shall bear interest at a rate per annum that shall be equal to the CBFR Floating Rate BA Rate, plus the Applicable MarginMargin for BA Equivalent Loans.
(b) Each ABR Loan that is a Revolving Credit Loan made to a U.S. Borrower denominated in Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the ABR in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan. Each ABR Loan that is a Revolving Credit Loan made to the Canadian Borrower denominated in Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the Canadian Base Rate in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan. Each ABR Loan denominated in Canadian Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the Canadian Prime Rate in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan.
(c) If all or a portion of (i) If any the principal amount of principal any Loan, (ii) any interest payable thereon or (iii) any commitment fee, letter of any Loan is credit commission, letter of credit fee or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is (y) in the case of overdue principal, the rate that would otherwise be applicable thereto pursuant to the Default relevant foregoing provisions of this subsection 4.1 plus 2.00%, and (z) in the case of other amounts, including overdue interest and Reimbursement Obligations, the rate described in paragraph (b) of this subsection 4.1 for ABR Loans that are Revolving Credit Loans accruing interest at the ABR (or (A) the Canadian Base Rate in the case of Revolving Credit Loans made to the fullest extent permitted by applicable Requirements Canadian Borrower denominated in Dollars and (B) Canadian Prime Rate in the case of Law.
(iiRevolving Credit Loans denominated in Canadian Dollars) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods)plus 2.00%, whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations each case from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
non-payment until such amount is paid in full (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandafter as well as before judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided that interest accruing pursuant to paragraph (c) of this subsection 4.1 shall be specified hereinpayable from time to time on demand.
(e) Interest hereunder It is the intention of the parties hereto to comply strictly with applicable usury laws; accordingly, it is stipulated and agreed that the aggregate of all amounts which constitute interest under applicable usury laws, whether contracted for, charged, taken, reserved, or received, in connection with the indebtedness evidenced by this Agreement or any Notes, or any other document relating or referring hereto or thereto, now or hereafter existing, shall never exceed under any circumstance whatsoever the maximum amount of interest allowed by applicable usury laws.
(f) Any provision of this Agreement that would oblige a Canadian Loan Party to pay any fine, penalty or rate of interest on any arrears of principal or interest secured by a mortgage on real property or hypothec on immovables that has the effect of increasing the charge on arrears beyond the rate of interest payable on principal money not in arrears shall not apply to such Canadian Loan Party, which shall be due required to pay interest on money in arrears at the same rate of interest payable on principal money not in arrears.
(g) If any provision of this Agreement would oblige a Canadian Loan Party to make any payment of interest or other amount payable to any Secured Party in an amount or calculated at a rate which would be prohibited by law or would result in a receipt by that Lender of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by applicable law or so result in a receipt by that Canadian Loan Party of “interest” at a “criminal rate,” such adjustment to be effected, to the extent necessary (but only to the extent necessary), as follows:
(i) first, by reducing the amount or rate of interest; and
(ii) thereafter, by reducing any fees, commissions, costs, expenses, premiums and other amounts required to be paid which would constitute interest for purposes of section 347 of the Criminal Code (Canada).
(iii) Whenever interest or fees payable by a Canadian Loan Party is calculated on the basis of a period which is less than the actual number of days in accordance with a calendar year, each rate of interest and fee determined pursuant to such calculation is, for the terms hereof before purpose of the Interest Act (Canada), equivalent to such rate multiplied by the actual number of days in the calendar year in which such rate is to be ascertained and after judgmentdivided by the number of days used as the basis of such calculation. The principle of deemed reinvestment of interest does not apply to any interest calculation under this Agreement, and before the rates of interest stipulated in this Agreement are intended to be nominal rates and after not effective rates or yields. Each Canadian Loan Party confirms that it fully understands and is able to calculate the commencement rate of interest applicable to its Obligations based on the methodology for calculating per annum rates provided for in this Agreement and each Canadian Loan Party hereby irrevocably agrees not to plead or assert, whether by way of defense or otherwise, in any proceeding by relating to this Agreement or against to any Borrower other Loan Documents, that the interest payable under any bankruptcy, insolvency, reorganization or similar lawthis Agreement and the calculation thereof has not been adequately disclosed to the Canadian Loan Parties as required pursuant to Section 4 of the Interest Act (Canada).
Appears in 1 contract
Samples: Abl Credit Agreement (Veritiv Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar LIBOR Loan shall bear interest for each day interest, during each the applicable LIBOR Interest Period with respect thereto Period, at a rate per annum equal to the Adjusted LIBO applicable LIBOR Rate plus the Applicable Margin. The Applicable Margin for each LIBOR Loan shall be determined based upon the calculations submitted to the Banks pursuant to subsection 6.1(b) and shall be effective as of the first day of the fiscal quarter next following the date such calculations are submitted to the Banks. Any change in such Applicable Margin as a consequence of the Bank's review of the aforesaid calculation after the effective date of such Applicable Margin shall be retroactively applied to the first day such Applicable Margin became effective. In the event the Applicable Margin for a LIBOR Loan can not be determined at any time because the Company's financial statements for the immediately preceding fiscal quarter are not available at such time, the Applicable Margin for each LIBOR Loan shall be presumed to be the same as the Applicable Margin for such day LIBOR Loans as of the last FQED for which the Company's financial statements were available.
(b) Each Alternate Base Rate Loan shall bear interest for so long as it is outstanding and unpaid at a rate per annum equal to the Alternate Base Rate plus the Applicable Margin.
(bc) Each CBFR If all or a portion of the principal amount of any Loan or any interest payable thereon shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum (the "Default Rate") which is equal to the CBFR Floating Rate plus the Applicable Margin.
(i) If any amount of principal of any Loan is not paid when due (without regard to any rate that would otherwise be applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal thereto pursuant to the Default Rate to the fullest extent permitted by applicable Requirements foregoing provisions of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations this subsection plus 3% from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
non-payment until such amount is paid in full (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandafter, as well as before, judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date Date; provided that interest accruing at the Default Rate pursuant to subsection 2.3(c) shall be payable on demand. In the event the rate of interest applicable thereto to any LIBOR Loan decreases as a consequence of a decrease in the Applicable Margin with respect thereto, the Company shall be entitled to apply the difference between the amount of interest paid and at the amount of interest due (after giving effect to such other times reduction) as may be specified hereina credit against the next installment of interest due hereunder. In the event the rate of interest applicable to any LIBOR Loan increases as a consequence of an increase in the Applicable Margin with respect thereto, the Company shall pay the difference between the amount of interest paid and the amount of interest due (after giving effect to such increase) on the next Interest Payment Date.
(e) Interest hereunder In the event the total amount of any payment of principal or interest or amounts due in respect of any Reimbursement Obligation or of any fee required to be paid under this Agreement is not received by Agent or Issuing Bank, as the case may be, within ten (10) days following the due date of such payment, the Company shall, in addition to and together with such payment, pay to Agent or Issuing Bank, as the case may be, a late charge equal to the greater of (i) five percent (5%) of the total amount of such payment or amount due or Thirty-Five Dollars ($35.00); provided, such late charge shall not be due and payable in accordance respect of any overdue payment in the event Borrower was entitled to a Revolving Credit Loan in the amount of such payment under the provisions of subsection 2.1 at the time such payment became due, Borrower duly requested such Revolving Credit Loan in compliance with the terms hereof before and after judgmentrequirements of the Credit Agreement, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawBanks failed to provide such Revolving Credit Loan without cause.
Appears in 1 contract
Samples: Credit Agreement (Dairy Mart Convenience Stores Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar EurodollarTerm SOFR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Rate Eurodollar RateTerm SOFR determined for such day Interest Period plus the Applicable Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating ABR plus the Applicable Margin; provided that so long as the Lenders have not been required to purchase participations in Swingline Loans pursuant to Section 2.8(c), Swingline Loans shall bear interest at a rate per annum equal to the ABR plus the Applicable Margin minus the Commitment Fee Rate.
(i) Each Alternative Currency Daily Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Alternative Currency Daily Rate plus the Applicable Margin; (ii) each Alternative Currency Term Rate Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Alternative Currency Term Rate for such Interest Period plus the Applicable Margin.
(id) If any amount of principal of payable by the Borrower under any Loan Document is not paid when due (without regard to after any applicable grace periodsperiod), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements Applicable Laws. Furthermore, at any time an Event of Law.
Default under Sections 8.1(a) or (iif) If any amount (other than principal of any Loan Obligation) payable by exists, the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon Borrower shall pay interest on the request of the Required Lenders such amount shall thereafter bear interest Loans at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of LawApplicable Laws.
(iiie) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(eDate; provided that interest accruing pursuant to Section 3.5(d) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Revolving Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day Interest Period plus the Applicable MarginMargin for Revolving Eurodollar Loans and Bankers' Acceptances, payable in the same currency in which the principal amount of such Loan was denominated during the relevant Interest Period.
(b) Each CBFR Term Eurodollar Loan shall bear interest for each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such Interest Period plus the Applicable Margin for Term Eurodollar Loans, payable in the same currency in which the principal amount of such Loan was denominated during the relevant Interest Period.
(c) Each ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating ABR plus the Applicable Margin for Base Rate Loans.
(d) Each Canadian Base Rate Revolving Loan made in Canadian Dollars shall accrue interest at the Canadian Prime Rate plus the Applicable MarginMargin for Base Rate Loans, payable in Canadian Dollars. Each Canadian Base Rate Revolving Loan made in U.S. Dollars shall accrue interest at the BACAN U.S. Base Rate plus the Applicable Margin for Base Rate Loans, payable in U.S. Dollars.
(e) If all or a portion of (i) If any the principal amount of principal of any Loan is Loan, (ii) any interest payable thereon or (iii) any Facility Fee or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is (x) in the case of overdue principal, the rate that would otherwise be applicable thereto pursuant to the Default Rate to foregoing provisions of this subsection plus 2% or (y) in the fullest extent permitted by applicable Requirements case of Lawany overdue interest, Facility Fee or other amount, the rate described in paragraph (c) of this subsection 2.9 plus 2%, in each case from the date of such non-payment until such amount is paid in full (as well after as before judgment).
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan the Revolving Credit Loans and the Term Loans shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to paragraph (e) of this subsection 2.9 shall be specified hereinpayable from time to time on demand.
(eg) Interest hereunder The principal amount of, and any unpaid interest on, all Loans shall be due and payable in accordance with full (i) in the terms hereof before case of Revolving Credit Loans, on the Termination Date and after judgment(ii) in the case of Term Loans, on the respective final maturity dates specified in subsection 2.17(d), in each case unless accelerated sooner pursuant to subsection 6.1 or unless subject to a mandatory prepayment required by subsection 2.6(b).
(h) The Swingline Loans shall bear interest, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcysuch interest shall be payable, insolvency, reorganization or similar lawas specified in subsection 2.15(c).
Appears in 1 contract
Samples: Credit Agreement (Hercules Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan Loans shall bear interest for each day during each Interest Period with respect thereto applicable thereto, commencing on (and including) the first day of such Interest Period to, but excluding, the last day of such Interest Period, on the unpaid principal amount thereof (including any Accreted Amounts and Default Rate Accreted Amounts as provided below) at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day Interest Period plus the Applicable Margin; provided that a portion of such interest equal to 1.50% per annum multiplied by the principal amount of the Term Loans (any such amount being hereinafter referred to as the "Accreted Amount")) shall accrete and shall not be payable in cash until maturity. On each date on which interest is required to be paid on Term Loans, any Accreted Amounts (other than Accreted Amounts that have been so added on any prior date) shall be added to the outstanding principal amount of the Term Loans.
(b) Each CBFR Loan Alternate Base Rate Loans shall bear interest for the period from and including the date such Term Loans are made to, but excluding, the maturity date thereof, or to, but excluding, the conversion date if such Term Loans are earlier converted into Eurodollar Loans on the unpaid principal amount thereof (including any Accreted Amounts and Default Rate Accreted Amounts as provided below) at a rate per annum equal to the CBFR Floating Alternate Base Rate plus the Applicable Margin; provided that a portion of such interest equal to the Accreted Amount shall accrete and shall not be payable in cash until maturity. On each date on which interest is required to be paid on Term Loans, any Accreted Amounts (other than Accreted Amounts that have been so added on any prior date) shall be added to the outstanding principal amount of the Term Loans.
(c) If all or a portion of (i) If any the principal amount of principal any of the Term Loans or (ii) any Loan is interest payable thereon or any other obligations under the Credit Documents shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such Term Loan, if a Eurodollar Loan, shall be converted into an Alternate Base Rate Loan at the end of the then-current Interest Period for said Eurodollar Loan (which conversion shall occur automatically and without need for compliance with the conditions for conversion set forth in subsection 5.2), and any such overdue amount shall thereafter shall, without limiting the rights of the Lenders under Section 10, bear interest (which interest shall be payable on demand) at a fluctuating interest rate per annum at which is the Alternate Base Rate (or, in the case of a Eurodollar Loan, the Eurodollar Rate for the applicable Interest Period) plus the Applicable Margin plus 2.00% per annum (such additional 2.00% per annum, the "Default Margin") (provided that the Accreted Amount shall accrete and shall not be payable in cash until maturity), in each case, from the date of such non-payment until paid in full (as well after as before judgment); provided that on any subsequent Interest Payment Date or date of demand for overdue amounts, if all times equal interest (whether then due or overdue) required to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document be paid in cash on such date is not then paid when due (after giving effect to any applicable grace periods)in full in cash, whether at stated maturity, by acceleration or otherwise, then upon notwithstanding the request foregoing provisions of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01this subsection 5.5(c), the Borrowers Default Margin shall pay be deemed to have been 3.00% per annum and the amount of interest on that has accrued at the Default Margin and not been paid in cash shall be added to the outstanding principal amount of all outstanding Obligations from and after the date of Term Loans as if the occurrence of such Event of Default at a fluctuating interest rate Margin had been 3.00% per annum at all times equal (such added amount being hereinafter referred to as the "Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid Accreted Amount" for such period). The accretion of interest on past due overdue amounts (including as Default Rate Accreted Amounts shall not excuse failure to pay such overdue amounts or interest on past due interest) shall be due and payable upon demandthereon in cash.
(d) Interest on each Loan Except as otherwise expressly provided for in this subsection 5.5, interest shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified hereinDate.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan maintained as a LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Rate determined for such day plus the Applicable Margin.
(b) Each CBFR Loan maintained as an ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate plus the Applicable MarginAlternate Base Rate.
(ic) If any amount Event of principal of any Loan is not paid when due (without regard to any applicable grace periods)Default shall have occurred and be continuing, whether at stated maturity, by acceleration or otherwise, such amount all amounts outstanding hereunder shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to which is the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request sum of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate otherwise applicable pursuant to Section 2.7(a) or (b) plus 2% per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lendersannum, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable law.
is no longer continuing (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandafter as well as before judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided, however, that interest accruing pursuant to paragraph (c) of this Section shall be specified hereinpayable on demand.
(e) Interest hereunder For purposes of determining (i) the Applicable Margin for Loans, (ii) the Applicable Margin for the standby letter of credit fees referred to in Section 2.2(e)(iii), and (iii) the Maximum Leverage Ratio for the unused-commitment fees referred to in Section 2.15, interest rates on the Loans and such fees shall be due and payable calculated on the basis of the Maximum Leverage Ratio set forth in the most recent Covenant Compliance Certificate received by the Agent in accordance with Section 5.1(a) or (b) hereof. For accrued and unpaid interest and fees only (no changes being made for interest or fee payments previously made), changes in interest rates on the terms hereof before Loans or in such letter of credit fees attributable to changes in the Applicable Margin (with respect to Loans and after judgmentletter of credit fees), and before changes in the Maximum Leverage Ratio (with respect to unused-commitment fees) caused by changes in the Maximum Leverage Ratio shall be calculated upon the delivery of a Covenant Compliance Certificate, and such change shall be effective on ABR Loans, LIBOR Loans and such fees from the day which is five days after receipt by the commencement Agent of such Covenant Compliance Certificate. If, for any proceeding by reason, Quiksilver shall fail to deliver a Covenant Compliance Certificate when due in accordance with Section 5.1 (a) or against any Borrower (b), and such failure shall continue for a period of ten days, the Loan Leverage Level shall be deemed to be Loan Leverage Level 4 (for purposes of determining the Applicable Loan Margin on Loans and Letter of Credit fees), and the applicable rate under any bankruptcySection 2.15 shall be deemed to be the highest rate set forth in Section 2.15 (for purposes of determining unused-commitment fees), insolvencyas applicable, reorganization or similar lawretroactive to the date on which Quiksilver should have delivered such Covenant Compliance Certificate, and shall continue until a Covenant Compliance Certificate indicating a different Loan Leverage Level is delivered to the Agent.
Appears in 1 contract
Samples: Credit Agreement (Quiksilver Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan The LIBOR Loans shall bear interest for each day during each Interest LIBOR Period with respect thereto for such LIBOR Loans on the unpaid principal amount thereof at a rate per annum equal to the Adjusted LIBO LIBOR Rate determined for such day LIBOR Period plus the relevant Applicable Margin.
(b) Each CBFR Loan The Base Rate Loans shall bear interest on the unpaid principal amount thereof at a rate per annum equal to the CBFR Floating Base Rate plus the relevant Applicable Margin.
(ic) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount The Peso Revolving Loans shall thereafter bear interest for each day during each Peso Interest Period for such Peso Revolving Loans on the unpaid principal amount thereof at a fluctuating interest rate per annum at all times equal to the Default TIIE Rate to determined for such Peso Interest Period plus the fullest extent permitted by applicable Requirements of Lawrelevant Applicable Margin.
(iid) If any amount (other than principal of any Loan Obligation) payable by The Borrower hereby agrees that the Borrowers under any Loan Document interest rates for the Revolving Loans and Revolving Loans shall vary based on changes in the LIBOR Rate or the TIIE Rate, as the case may be, in the manner described herein and consents to such adjustments, with such notices as is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Lawrequired in accordance herewith.
(iiie) Upon the request occurrence and during the continuance of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01)7.1, the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal Revolving Loans and, to the Default Rate to the fullest extent permitted by applicable law, any overdue interest payments on the Revolving Loans or any overdue fees or other amounts owed hereunder, shall thereafter bear interest (including post-petition interest, fees or expenses in any Insolvency Proceeding (including any such interest, fees or expenses which, but for the filing of a petition in bankruptcy, would have accrued, whether or not a claim is allowed for such interest in the related Insolvency Proceeding)) payable on demand at a rate that is 2% per annum in excess of the rate otherwise payable hereunder applicable to the Base Rate Loans or the Peso Loans, as applicable. Payment or acceptance of the increased rate of interest provided for in this Section 2.5(d) is not a permitted alternative to timely payment and full compliance with the covenants hereunder and shall not constitute a waiver of any Default or Event of Default or otherwise prejudice or limit any rights or remedies of Administrative Agent or any Lender.
(ivf) Accrued and unpaid Except as otherwise provided in paragraph (e) of this Section 2.5, interest on past due amounts (including interest on past due interest) the LIBOR Loans shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each LIBOR Payment Date (except with respect to LIBOR Loans with a LIBOR Period of six months, in which case interest on such LIBOR Loan shall be payable every three months) interest on each Revolving Loan shall be payable in arrears on each Peso Interest Payment Date applicable thereto Date; and at such other times as may interest on each Base Rate Loan shall be specified hereinpayable in arrears on the first day of each calendar quarter.
(eg) Interest hereunder The Borrower shall pay to each Lender, as long as such Lender shall be due and required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits, additional interest on the unpaid principal amount of such Lender’s LIBOR Loans equal to the actual costs of such reserves allocated to such LIBOR Loans by such Lender (as reasonably determined by such Lender in good faith, which determination shall be conclusive, absent manifest error), payable on each date on which interest is payable on such LIBOR Loans, provided that the Borrower shall have received at least 15 days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from such Lender. The Administrative Agent shall include with such notice a certificate from such Lender setting forth in accordance with reasonable detail the terms hereof before and after judgmentcalculation of the amount of such reserves. If a Lender fails to give notice 15 days prior to the relevant LIBOR Payment Date, and before and after the commencement such additional interest shall be payable 15 days from receipt of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawsuch notice.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar EurodollarSOFR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day Interest PeriodAdjusted Term SOFR plus the Applicable Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus the Applicable Margin.
(ic) If any amount On and after the occurrence of principal an Event of any Loan is not paid Default, until the time when due (without regard to any applicable grace periods), whether at stated maturity, such Event of Default shall have been cured or waived in writing by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at or all times equal to the Default Rate to the fullest extent permitted Lenders (as required by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01this Agreement), the Borrowers Borrower shall pay interest on the aggregate, outstanding principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default hereunder at a fluctuating interest rate per annum at all times rate equal to the Default Rate otherwise applicable interest rate plus two percent (2.00%) or, if no such per annum rate is applicable to any such Obligations, at a per annum rate equal to the ABR, plus the Applicable Margin for ABR Loans, plus two percent (2.00%) payable on demand. Overdue interest shall itself bear interest at such applicable default rate, and shall be compounded with the principal Obligations daily, to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to Section 2.10(c) shall be specified hereinpayable from time to time on demand.
(e) Interest hereunder shall be due and payable in accordance In connection with the terms hereof before and after judgmentuse or administration of Term SOFR, and before and after the commencement 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 proceeding by other party to this Agreement or against any other Loan Document. The Administrative Agent will promptly notify the Borrower under and the Lenders of the effectiveness of any bankruptcy, insolvency, reorganization Conforming Changes in connection with the use or similar lawadministration of Term SOFR.
Appears in 1 contract
Samples: Credit Agreement (Fair Isaac Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan or portion thereof owed to any Lender other than GFC hereunder shall bear interest be a Base Rate Loan, a Federal Funds Rate Loan or a Quoted Rate Loan, as designated by MBIA pursuant to Section 2.2(a), 2.4(h) or 2.4(i); provided that no more than five (5) Quoted Rate Loans may be outstanding at -------- any one time. Any Term Loan (or portion thereof) shall be a GFC Funding Rate Loan for each day during which such Term Loan (or such portion) is owed to GFC.
(b) MBIA agrees to pay interest in respect of the unpaid principal amount of each Interest Period with respect thereto Base Rate Loan for each day from and including the day such Base Rate Loan was made to but excluding the day the principal on such Base Rate Loan is due (whether at maturity, by acceleration or otherwise) or, if earlier, the date on which such Loan ceases to be a Base Rate Loan, at a rate per annum equal to the Adjusted LIBO Base Rate determined for such day Margin plus the Applicable MarginBase Rate, which interest rate shall change as and when the Base Rat e shall change. Such interest shall be payable on each successive Payment Date commencing with the first such date after the making of such Base Rate Loan and when the principal amount of such Base Rate Loan is due (whether at maturity, by acceleration or otherwise) or such Loan ceases to be a Base Rate Loan.
(bc) Each CBFR MBIA agrees to pay interest in respect of the unpaid principal amount of each Quoted Rate Loan for each day from and including the day such Quoted Rate Loan was made to but excluding the day the principal on such Quoted Rate Loan is due (whether at maturity, by acceleration or otherwise), at a rate per annum equal for each Interest Period applicable thereto to the Quoted Rate Margin plus the applicable Quoted Rate for such Interest Period. Such interest shall bear be payable on the last day of each Interest Period and when the principal amount of such Quoted Rate Loan is due (whether at maturity, by acceleration or otherwise) or such Loan ceases to be a Quoted Rate Loan.
(d) MBIA agrees to pay interest in respect of the unpaid principal amount of each Federal Funds Rate Loan for each day from and including the day such Federal Funds Rate Loan was made to but excluding the day the principal on such Federal Funds Rate Loan is due (whether at maturity, by acceleration or otherwise) or, if earlier, the date on which such Loan ceases to be a Federal Funds Rate Loan, at a rate PER ANNUM equal to the Federal Funds Margin plus the Federal Funds Rate, which interest rate shall change as and when the Federal Funds Rate s hall change. Such interest shall be payable on each successive Payment Date commencing with the first such date after the making of such Federal Funds Rate Loan and when the principal amount of such Federal Funds Rate Loan is due (whether at maturity, by acceleration or otherwise) or such Loan ceases to be a Federal Funds Rate Loan.
(e) MBIA agrees to pay interest in respect of the unpaid principal amount of each GFC Funding Rate Loan for each day from and including the day such GFC Funding Rate Loan was made to but excluding the day the principal on such GFC Funding Rate Loan is due (whether at maturity, by acceleration or otherwise) or, if earlier, the date on which such Loan ceases to be a GFC Funding Rate Loan, AT A RATE PER ANNUM equal to the GFC Funding Rate Margin plus the GFC Funding Rate, which interest rate shall change as and when the GFC Funding Rate shall change. Such interest shall be payable on each successive Payment Date commencing with the first such date after the making of such GFC Funding Rate Loan and when the principal amount of such GFC Funding Loan is due (whether at maturity, by acceleration or otherwise) or such Loan ceases to be a GFC Funding Rate Loan.
(f) thereof was due to but excluding the date of actual payment, at a rate per annum equal to (i) in the CBFR Floating case of Quoted Rate Loans, until the end of the then current Interest Period, the sum of 2% plus the Applicable Margininterest rate otherwise applicable to such Loan, (ii) in the case of Federal Funds Rate Loans and GFC Funding Rate Loans, the sum of 2% plus the interest rate otherwise applicable to such Loan and (iii) otherwise, the sum of 2% plus the Base Rate Margin plus the Base Rate from time TO TIME IN EFFECT, WHICH INTEREST RATE SHALL change as and when the Base Rate shall change.
(g) The Agent shall DETERMINE EACH INTEREST RATE applicable to the Loans hereunder. The Agent shall give prompt notice to MBIA and each Lender by telex or cable of each rate of interest so determined, and its determination thereof shall be conclusive, absent manifest error.
(i) If any amount of principal of any On the date a Term Loan is not paid when due (without regard or portion thereof) ceases to any applicable grace periods), whether at stated maturity, by acceleration or otherwisebe a GFC Funding Rate Loan, such amount Term Loan (or such portion) shall thereafter bear interest automatically convert into a Federal Funds Rate Loan on such date, unless MBIA shall have given the Agent written notice (i) of its election to convert such Loan into a Quoted Rate Loan at a fluctuating interest rate per annum at all times equal least three (3) Business Days' prior to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
such date or (ii) If any amount (other of its election to convert such Loan into a Base Rate Loan not later than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods)11:00 a.m., whether at stated maturityNew York City time, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of on such Event of Default at conversion. Any such notice with respect to a fluctuating interest rate per annum at all times equal to the Default Quoted Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each specify the initial Interest Payment Date Period applicable thereto and at to such other times as may be specified hereinQuoted Rate Loan.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined for such day plus the Applicable Margin.
(b) Each CBFR Alternate Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Alternate Base Rate plus the Applicable Margin.
(i) If any all or a portion of the principal amount of principal of any Loan is or any interest payable on the Loans shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such amount all amounts outstanding shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to which is the Default Rate to rate described in paragraph (b) of this Section plus 2% from the fullest extent permitted by applicable Requirements date of Lawsuch non-payment until such amount is paid in full (after as well as before judgment).
(ii) If any amount Default (other than principal a Default described in clause (i) of any Loan Obligationthis Section 2.9(c)) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods)shall have occurred and be continuing, whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount all amounts outstanding shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to which is the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under rate described in paragraph (fb) in of this Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations plus 1% from and after the date of which is 45 days after the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Default Rate to the fullest extent permitted by applicable law.
is no longer continuing (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandafter as well as before judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to paragraph (c) of this Section shall be specified hereinpayable on demand.
(e) Interest hereunder For purposes of determining the Applicable Margin for all Loans, interest rates on the Loans shall be calculated on the basis of the Total Debt Ratio set forth in the most recent certificate of a Responsible Officer of the Borrower delivered pursuant to Section 5.2(a)(i) (a "LEVERAGE LEVEL CERTIFICATE"). For accrued and unpaid interest only (no changes being made for interest payments previously made), changes in interest rates on the Loans attributable to changes in the Applicable Margin caused by changes in the applicable Leverage Level shall be calculated upon the delivery of a Leverage Level Certificate and such change shall be effective (y) in the case of an Alternate Base Rate Loan, from the first day subsequent to the last day covered by the Leverage Level Certificate and (z) in the case of a LIBOR Loan, from the first day of the Interest Period applicable to such LIBOR Loans subsequent to the last day covered by the Leverage Level Certificate. If, for any reason, the Borrower shall fail to deliver a Leverage Level Certificate when due and payable in accordance with the terms hereof before and after judgmentSection 5.2(a)(i), and before such failure shall continue for a period of twenty days, the Leverage Level shall be deemed to be Lexxx 0, retroactive to the date on which the Borrower should have delivered such Leverage Level Certificate and after shall continue until a Leverage Level Certificate indicating a different Leverage Level is delivered to the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawAdministrative Agent.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall (i) if a LIBOR Loan, bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined for such day plus the Applicable Margin.
Margin and (bii) Each CBFR Loan shall if a Base Rate Loan, bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Margin.
(ib) If any amount Event of principal of any Loan is not paid when due (without regard to any applicable grace periods)Default shall have occurred and be continuing, whether all amounts outstanding hereunder shall, at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request election of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (fbear interest at a rate per annum equal to the rate determined pursuant to Section 2.7(a) in Section 7.01)plus 2% per annum, the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis no longer continuing (after as well as before judgment).
(ivc) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto Date; provided, however, that interest accruing pursuant to paragraph (b) of this Section shall be payable on demand.
(d) For purposes of determining the Applicable Margin, interest rates on the Loans and at such other times as the unused commitment fee shall be calculated on the basis of the Total Leverage Ratio set forth in the most recent Covenant Compliance Certificate received by the Agent. A Covenant Compliance Certificate may be specified hereindelivered to the Agent by the Borrower no more frequently than quarterly in accordance with Section 5.2(a). For accrued and unpaid interest and unused commitment fees only (no changes being made for interest payments or unused commitment fees previously made), changes in interest rates on the Loans or unused commitment fees attributable to changes in the Applicable Margin caused by changes in the Total Leverage Ratio shall be calculated upon the delivery of a Covenant Compliance Certificate, and such change shall be effective with respect to Base Rate Loans, LIBOR Loans and the unused commitment fee from the day which is three (3) Business Days after receipt by the Agent of such Covenant Compliance Certificate. If, for any reason, the Borrower shall fail to deliver a Covenant Compliance Certificate when due in accordance with Section 5.2(a), and such failure shall continue for a period of ten (10) days, then the Leverage Level shall be deemed to be Leverage Level 5 retroactive to the date on which the Borrower should have delivered such Covenant Compliance Certificate, and shall continue until a Covenant Compliance Certificate indicating a different Leverage Level is delivered to the Agent.
(e) Interest hereunder Notwithstanding anything herein or in any other Loan Document to the contrary, in the event that any financial statement or certificate delivered pursuant to Sections 5.1 or 5.2(a) is shown to be inaccurate (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered but only to the extent that such inaccuracy is discovered prior to 180 days after the termination of this Agreement), and such inaccuracy, if corrected, would have led to the application of a higher Applicable Margin (the “Correct Applicable Margin”) for any period that such financial statement or certificate, as applicable, covered, then (i) the Borrower shall immediately deliver to the Agent a corrected financial statement or certificate, as the case may be, for such period, (ii) the Applicable Margin shall be due and payable in accordance with reset to the terms hereof before and after judgmentCorrect Applicable Margin for such period, and before and after (iii) the commencement Borrower shall immediately pay to the Agent the accrued additional interest owing as a result of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.such Correct Applicable Margin for such period. Table of Contents
Appears in 1 contract
Samples: Credit Agreement (J2 Global, Inc.)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Rate determined for such day plus the Applicable Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate plus the Applicable MarginABR.
(ib) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount The Loans comprising each Eurodollar Borrowing shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (i) in the Default case of each Eurodollar Revolving Credit Loan, the Eurodollar Rate for the Interest Period in effect for such Borrowing plus the Applicable Margin and (ii) in the case of each Eurodollar Competitive Loan, the Eurodollar Rate for the Interest Period in effect for such Borrowing plus (or minus, as the case may be) the Margin offered by the Lender making such Loan and accepted by the Borrower pursuant to the fullest extent permitted by applicable Requirements of Lawsubsection 2.3.
(iic) If any amount (other than principal of any Each Fixed Rate Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate fixed rate of interest offered by the Lender making such Loan and accepted by the Borrower pursuant to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandsubsection 2.3.
(d) Interest on each Loan Subject to the provisions of the following sentence, interest shall be due and payable in arrears on each Interest Payment Date; provided that interest accruing pursuant to paragraph (f) of this subsection 2.11 shall be payable from time to time on demand. The amount of interest on Revolving Credit Loans to be paid on any Interest Payment Date applicable thereto and at such other times as may shall be specified herein.
(e) Interest hereunder shall the amount which would be due and payable if the Utilization for the period for which such interest is paid was less than 33%. On the first Business Day following the last day of each fiscal quarter of the Borrower and on the Termination Date (or, if earlier, on the date upon which both the Commitments are terminated and the Loans are paid in accordance with full), the terms hereof before Borrower shall pay to the Administrative Agent, for the ratable benefit of the Lenders, an additional amount of interest equal to the difference (if any) between (i) the amount of interest which would have been payable during such fiscal quarter (or, in the case of the payment due on the Termination Date, the portion thereof ending on such date) after giving effect to the actual Utilization during such period and after judgment, and before and after (ii) the commencement amount of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawinterest which actually was paid during such period.
Appears in 1 contract
Samples: Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar (i) Eurocurrency Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate determined for such day plus the Applicable Margin.
Margin in effect for such day with respect to such Loan and (bii) Each CBFR Loan BA Equivalent Loans shall bear interest at a rate per annum that shall be equal to the CBFR Floating Rate BA Rate, plus the Applicable MarginMargin for BA Equivalent Loans.
(b) Each ABR Loan that is a U.S. Facility Revolving Credit Loan denominated in Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the ABR in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan. Each ABR Loan that is a Canadian Facility Revolving Credit Loan denominated in Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the Canadian Base Rate in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan. Each ABR Loan denominated in Canadian Dollars shall bear interest for each day that it is outstanding at a rate per annum equal to the Canadian Prime Rate in effect for such day plus the Applicable Margin in effect for such day with respect to such Loan.
(c) If all or a portion of (i) If any the principal amount of principal any Loan, (ii) any interest payable thereon or (iii) any commitment fee, letter of any Loan is credit commission, letter of credit fee or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is (y) in the case of overdue principal, the rate that would otherwise be applicable thereto pursuant to the Default Rate to relevant foregoing provisions of this subsection 4.1 plus 2.00%, and (z) in the fullest extent permitted by applicable Requirements case of Law.
other amounts, including overdue interest and Reimbursement Obligations, the rate described in paragraph (iib) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear this subsection 4.1 for ABR Loans that are Revolving Credit Loans accruing interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists ABR (or automatically while an Event (A) the Canadian Base Rate in the case of Default exists under paragraph Canadian Facility Revolving Credit Loans denominated in Dollars and (fB) the Canadian Prime Rate in Section 7.01)the case of Canadian Facility Revolving Credit Loans denominated in Canadian Dollars) plus 2.00%, the Borrowers shall pay interest on the principal amount of all outstanding Obligations in each case from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
non-payment until such amount is paid in full (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandafter as well as before judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided that interest accruing pursuant to paragraph (c) of this subsection 4.1 shall be specified hereinpayable from time to time on demand.
(e) Interest hereunder It is the intention of the parties hereto to comply strictly with applicable usury laws; accordingly, it is stipulated and agreed that the aggregate of all amounts which constitute interest under applicable usury laws, whether contracted for, charged, taken, reserved, or received, in connection with the indebtedness evidenced by this Agreement or any Notes, or any other document relating or referring hereto or thereto, now or hereafter existing, shall never exceed under any circumstance whatsoever the maximum amount of interest allowed by applicable usury laws.
(f) Any provision of this Agreement that would oblige a Canadian Loan Party to pay any fine, penalty or rate of interest on any arrears of principal or interest secured by a mortgage on real property or hypothec on immovables that has the effect of increasing the charge on arrears beyond the rate of interest payable on principal money not in arrears shall not apply to such Canadian Loan Party, which shall be due required to pay interest on money in arrears at the same rate of interest payable on principal money not in arrears.
(g) If any provision of this Agreement would oblige a Canadian Loan Party to make any payment of interest or other amount payable to any Secured Party in an amount or calculated at a rate which would be prohibited by law or would result in a receipt by that Lender of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by applicable law or so result in a receipt by that Canadian Loan Party of “interest” at a “criminal rate,” such adjustment to be effected, to the extent necessary (but only to the extent necessary), as follows:
(i) first, by reducing the amount or rate of interest; and
(ii) thereafter, by reducing any fees, commissions, costs, expenses, premiums and other amounts required to be paid which would constitute interest for purposes of section 347 of the Criminal Code (Canada).
(iii) Whenever interest or fees payable by a Canadian Loan Party is calculated on the basis of a period which is less than the actual number of days in accordance with a calendar year, each rate of interest and fee determined pursuant to such calculation is, for the terms hereof before purpose of the Interest Act (Canada), equivalent to such rate multiplied by the actual number of days in the calendar year in which such rate is to be ascertained and after judgmentdivided by the number of days used as the basis of such calculation. The principle of deemed reinvestment of interest does not apply to any interest calculation under this Agreement, and before the rates of interest stipulated in this Agreement are intended to be nominal rates and after the commencement of any proceeding by not effective rates or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawyields.
Appears in 1 contract
Samples: Abl Credit Agreement (Veritiv Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar The Loan shall bear interest from the date of receipt of funds under this Agreement according to the following:
(i) From the date of receipt of funds under this Agreement until 15th June, 2021, the Borrower shall pay to the Lender for each day during a fixed rate interest equal to 0.20 % per annum for the first month, increasing such rate in one (1) basis point each month up to a maximum interest rate equal to 0.25%per annum. Such interest shall be calculated on the outstanding amount of the Loan that has been not repaid and shall be paid on each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Rate determined for such day plus the Applicable MarginPayment Date.
(bii) Each CBFR From 16th June 2021 until the Loan and any accrued and unpaid interest is repaid in its entirety, the Loan and any accrued and unpaid interest shall bear interest at “Borrower’s Cost of Capital” as defined in this Agreement. Such interest shall be payable monthly on each Interest Payment Date. Borrower may declare and make dividends and make other distribution payments with respect to its equity securities. In the event that during a fiscal year in which all or a portion of the Loan Amount is outstanding, Borrower does not declare and make dividends on its equity securities, then Borrower may elect to suspend the interest payments to Lender provided for in this Section 1.03 and such amounts of accrued and unpaid interest shall not be subject to premium or penalty, including, without limitation, additional penalty set forth below. If all or a portion of the Loan Amount, any interest payable or other amount payable hereto is not paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum equal to the CBFR Floating Rate rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this section plus 1%, from the Applicable Margin.
(i) If any amount date of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such non-payment until such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay full. Any unpaid interest on the principal amount of all outstanding Obligations from and after the due date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with this Agreement shall be added to the terms hereof before Loan Amount and after judgment, and before and after be included automatically for the commencement calculation of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawapplicable interest payments due with respect to the subsequent monthly periods.
Appears in 1 contract
Samples: Loan Agreement (Avangrid, Inc.)
Interest Rates and Payment Dates. (a) Each Eurodollar Revolving Loan maintained as a LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined for such day plus the Applicable Revolving Loan Margin. Each Term Loan or portion thereof maintained as a LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted Rate plus the Applicable Term Loan Margin.
(b) Each CBFR Revolving Loan maintained as a Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Revolving Loan Margin. Each Term Loan or portion thereof maintained as a Base Rate Loan shall bear interest at a rate per annum equal to the Base Rate plus the Applicable Term Loan Margin.
(ic) Each Swing Line Loan shall be made and maintained as a Base Rate Loan, and shall not be converted into any other Type of loan.
(d) If any amount Event of principal of any Loan is not paid when due (without regard to any applicable grace periods)Default shall have occurred and be continuing, whether at stated maturity, by acceleration or otherwise, such amount all amounts outstanding hereunder shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is the sum of the rate otherwise applicable pursuant to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periodsSection 2.9(a), whether at stated maturity(b) or (c) plus 2% per annum, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis no longer continuing (after as well as before judgment).
(ive) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided, however, that interest accruing pursuant to paragraph (d) of this Section shall be specified hereinpayable on demand.
(ef) Interest hereunder For purposes of determining (i) the Applicable Revolving Loan Margin for Revolving Loans, (ii) the Applicable Revolving Loan Margin for the standby letter of credit fees referred to in Section 2.3(e)(iii), (iii) the Applicable Term Loan Margin for Term Loans and (iv) the Maximum Leverage Ratio for the unused-commitment fees referred to in Section 2.17, interest rates on the Loans and such fees shall be due and payable calculated on the basis of the Maximum Leverage Ratio set forth in the most recent Covenant Compliance Certificate received by the Agent in accordance with Section 5.1(a) or (b). For accrued and unpaid interest and fees only (no changes being made for interest or fee payments previously made), changes in interest rates on the terms hereof before Loans or in such letter of credit fees attributable to changes in the Applicable Revolving Loan Margin (with respect to Revolving Loans and after judgmentletter of credit fees), changes in the Applicable Term Loan Margin (with respect to Term Loans) and changes in the Maximum Leverage Ratio (with respect to unused-commitment fees) caused by changes in the Maximum Leverage Ratio shall be calculated upon the delivery of a Covenant Compliance Certificate, and before such change shall be effective on Base Rate Loans, LIBOR Loans and such fees from the day which is five days after receipt by the commencement Agent of such Covenant Compliance Certificate. If, for any proceeding by reason, the Borrower shall fail to deliver a Covenant Compliance Certificate when due in accordance with Section 5.1(a) or against any (b), and such failure shall continue for a period of ten days, the Revolving Loan Leverage Level shall be deemed to be Revolving Loan Leverage Level 5 (for purposes of determining the Applicable Revolving Loan Margin on Revolving Loans and Letter of Credit fees), the Term Loan Leverage Level shall be deemed to be Term Loan Leverage Level 5 (for purposes of determining the Applicable Term Loan Margin) and the applicable rate shall be deemed to be the highest rate set forth in Section 2.17 (for purposes of determining unused-commitment fees), as applicable, in each case retroactive to the date on which the Borrower under any bankruptcyshould have delivered such Covenant Compliance Certificate, insolvency, reorganization or similar lawand shall continue until a Covenant Compliance Certificate indicating a different Revolving Loan Leverage Level and Term Loan Leverage Level is delivered to the Agent.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Quiksilver Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar Eurocurrency Rate Loan and CDOR Rate Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate or CDOR Rate, as applicable, determined for such day plus the Applicable MarginMargin for such Loans.
(b) Each CBFR Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable MarginMargin for Base Rate Loans.
(c) Each Daily Simple RFR Loan shall bear interest at a rate per annum equal to the Daily Simple RFR in effect from time to time for such Currency plus the Applicable Margin for Daily Simple RFR Loans.
(d) Each Term RFR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Term RFR for such Interest Period and for such Currency plus the Applicable Margin for Term RFR Loans.
(i) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such amount all outstanding Loans and Reimbursement Obligations (whether or not overdue) shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (x) in the Default Rate case of the Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2% or (y) in the case of Reimbursement Obligations, the rate applicable Requirements of Law.
to Base Rate Loans plus 2%, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or Reimbursement Obligation or any commitment fee or other amount payable hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default rate then applicable to Base Rate Loans plus 2% (unless such overdue amount is denominated in a Foreign Currency, in which case such overdue amount shall bear interest of a rate per annum equal to the fullest extent permitted by highest rate then applicable Requirements under this Agreement to Multicurrency Revolving Loans denominated in such Foreign Currency plus 2%), in each case, with respect to clauses (i) and (ii) above, from the date of Lawsuch non-payment until such amount is paid in full (as well after as before judgment).
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided that interest accruing pursuant to paragraph (c) of this Section shall be specified hereinpayable from time to time on demand.
(eg) Notwithstanding the other provisions of this Section 2, the Loans denominated in Euros outstanding on the Fifth Amendment Effective Date in the aggregate principal amount of €90,000,000 which are subject to an Interest hereunder Period ending on December 31, 2021 shall be due remain outstanding and payable continue to bear interest through such date in accordance with the terms hereof of this Agreement as in effect immediately before and after judgmentgiving effect to the Fifth Amendment. The Borrower shall convert such existing Loans to a Type permitted by the terms of this Agreement at the end of such Interest Period, and before and after if no such notice of conversion is delivered in accordance with the commencement terms of this Agreement then such Loan shall be automatically converted to a Eurocurrency Rate Loan denominated in Euros (i.e., EURIBOR) with an Interest Period of one month.
(h) In connection with the use or administration of any proceeding by Daily Simple RFR, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or against 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 Administrative Agent will promptly notify the Borrower under and the Lenders of the effectiveness of any bankruptcy, insolvency, reorganization Conforming Changes in connection with the use or similar lawadministration of any Daily Simple RFR.
Appears in 1 contract
Samples: Credit Agreement (Kadant Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan The Notes shall bear interest for each day during at the same fluctuating rate as the Term Loan (as defined in the Creo Agreement), which interest rate shall be determined in the manner contemplated by and in accordance with the rates specified in the Creo Agreement with respect to the Term Loan and change when and as the interest rate on the Term Loan changes (excluding changes occurring as a result of an Event of Default under the Creo Agreement) in accordance with the provisions of the Creo Agreement, as such provisions are originally stated and without giving effect to any subsequent amendments, waivers or other modifications (except that any such modification to increase such interest rate shall be given effect). Accrued interest on the Notes shall be payable on each Interest Period Payment Date (notwithstanding the timing of interest payments under the Creo Agreement). The Company shall provide the Lenders with respect thereto at a copies of all notices the Company shall give to Creo regarding interest rate per annum equal to elections under the Adjusted LIBO Rate determined for such day plus the Applicable MarginCreo Agreement.
(b) Each CBFR Without limiting the generality of the foregoing clause (a), the Notes shall also bear PIK Interest (as defined in the Creo Agreement) determined in the manner contemplated by and in accordance with the rates specified in the Creo Agreement with respect to the Term Loan and change when and as the PIK Interest Rate (as defined in the Creo Agreement) changes (excluding changes in the determination thereof occurring as a result of an Event of Default under the Creo Agreement) in accordance with the provisions of the Creo Agreement, as such provisions are originally stated and without giving effect to any subsequent amendments, waivers or other modifications (except that any such modification to increase such interest rate shall be given effect). Any PIK Interest so accrued shall be compounded monthly and shall be payable (a) on the earliest to occur of: (i) an Event of Default; (ii) December 1, 2005; or (iii) repayment in full of the Notes; and (b) on any date the Notes shall be prepaid pursuant to Section 2.5 with respect to the portion of any principal amount so prepaid.
(i) If all or a portion of the principal amount of the Notes shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum equal to the CBFR Floating Rate rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus the Applicable Margin.
5%, and (iii) If any amount of principal if all or a portion of any Loan is interest payable on the Notes or any fee or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default rate then applicable to a Base Rate Loan (as determined in the Creo Agreement pursuant to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.foregoing
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day Interest Period plus (i) in the case of Eurodollar Loans which are Revolving Loans, the Revolving Credit Applicable Margin or (ii) in the case of Eurodollar Loans which are Term Loans, the Term Loan Applicable Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus (i) in the case of ABR Loans which are Revolving Loans, the Revolving Credit Applicable Margin or (ii) in the case of ABR Loans which are Term Loans, the Term Loan Applicable Margin.
(c) Each Swing Line Loan shall bear interest at a rate per annum equal to (i) If any amount the ABR plus the Revolving Credit Applicable Margin for ABR Loans.
(d) Notwithstanding the rate of principal interest specified in this subsection 4.4 or elsewhere herein, effective immediately upon the occurrence of any Loan Event of Default and for so long thereafter as such Event of Default is continuing, the principal balance of all Loans shall bear interest at a rate per annum which is the rate that would otherwise be applicable thereto pursuant to this Agreement plus 2% per annum. If all or a portion of (i) any interest payable on any Loan, (ii) any commitment fee or (iii) any other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), any such overdue interest, commitment fee or other amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to which is the Default Rate to rate described in paragraph (b)(i) of this subsection plus 2%, in each case from the fullest extent permitted by applicable Requirements date of Lawsuch non-payment until such overdue interest, commitment fee or other amount is paid in full (as well after as before judgment).
(iie) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date, provided that (i) interest accruing pursuant to subsection 4.4(d) shall be payable from time to time on demand, (ii) interest on the Term Loans shall also be payable on the Term Loan Maturity Date applicable thereto (or such earlier date on which the Term Loans become due and at such other times as may be specified herein.
payable pursuant to Section 9) and (eiii) Interest hereunder interest on the Revolving Loans shall also be due and payable in accordance with on the terms hereof before Revolving Credit Termination Date (or such earlier date on which the Revolving Loans become due and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawpayable pursuant to Section 9).
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO sum of the Eurodollar Rate determined for such day plus the Applicable Eurodollar Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus the Applicable ABR Margin.
(c) If all or a portion of (i) If any the principal amount of principal of any Loan is Loan, (ii) any interest payable thereon or (iii) any fee or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is (x) in the case of overdue principal, the rate that would otherwise be applicable thereto pursuant to the Default Rate to the fullest extent permitted by applicable Requirements foregoing provisions of Law.
this subsection plus 2% or (ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (fy) in Section 7.01)the case of overdue interest, commitment fee or other amount, the Borrowers shall pay interest on the principal amount of all outstanding Obligations rate described in subsection 3.6(b) plus 2%, in each case from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
non-payment until such amount is paid in full (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandas well after as before judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, PROVIDED that interest accruing pursuant to subsection 3.6(c) shall be specified hereinpayable from time to time on demand.
(e) Interest hereunder If any Reference Lender shall resign as such, such Reference Lender shall thereupon cease to be a Reference Lender, and the Borrower and the Facility Manager (after consultation with the Lenders) shall, by notice to the Lenders, designate another Lender as a Reference Lender so that there shall at all times be at least two Reference Lenders.
(f) Each Reference Lender shall use its best efforts to furnish quotations of rates to the Facility Manager as contemplated hereby. If a Reference Lender shall be due and payable in accordance with unable or shall otherwise fail to supply such rates to the terms hereof before and after judgmentFacility Manager upon its request, and before and after the commencement rate of any proceeding by interest shall be determined on the basis of the quotations of the remaining Reference Lenders or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawReference Lender.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan Interest on the Non-Convertible Loans shall bear interest for be due quarterly in cash in immediately available funds on each day during March 31, June 30, September 30 and December 31 (each, an “Interest Date”). Interest on each of the Secured Convertible Loans or Unsecured Convertible Loans, as applicable, shall be due quarterly and paid in kind (“PIK Interest”) by adding such amount to the outstanding principal amount of the Secured Convertible Loans or Unsecured Convertible Loans, as applicable, on each Interest Period with respect thereto Date. Any PIK Interest added to the then outstanding principal balance of the Convertible Loans shall begin accruing interest at the interest rate set forth in this Section 2.4, beginning on and including the Interest Date on which such PIK Interest is added to the principal amount of the Convertible Loans. All PIK Interest added to the principal balance of the Convertible Loans will, for all purposes of the Loan Documents, constitute outstanding principal on such Convertible Loans.
(b) Interest on all Loans shall accrue on the outstanding principal amount of the Loans at a rate per annum equal to the Adjusted LIBO Applicable Rate determined applicable to such Loan for such day plus Loan from and including the Applicable MarginClosing Date (or, with respect to the Secured Convertible Loans, the Third Amendment Effective Date) through but excluding the date of payment, prepayment or conversion.
(bc) Each CBFR Upon the occurrence and during the continuation of an Event of Default, all outstanding amounts (whether or not overdue) under each Loan shall bear interest at a rate per annum equal to the CBFR Floating Applicable Rate for such Loan plus four percent (4%) (“Default Interest”). In the Applicable Margin.
case of (i) If any amount of principal of any Loan is not Non-Convertible Loans, Default Interest shall be paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
in cash in immediately available funds on demand and (ii) If any amount (other than principal of any Loan Obligation) payable Convertible Loans, Default Interest shall be paid in kind by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders adding such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to outstanding principal amount of such Convertible Loan on the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request demand of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Samples: Credit Agreement (Cadiz Inc)
Interest Rates and Payment Dates. The Borrowers shall pay interest in respect of the outstanding unpaid principal amount of the Revolver Loans as selected by it from the Base Rate or LIBOR Rate set forth below applicable thereto, it being understood that, subject to the provisions of this Agreement, the Borrowers may select different interest rates and different Interest Periods to apply simultaneously to Loans comprising different Tranches and may convert to or renew one or more interest rates with respect to all or any portion of Loans comprising any Tranche, provided, that there shall not be at any one time outstanding more than ten (10) Tranches in the aggregate (excluding Swing Line Loans). If at any time the designated rate applicable to any Loan made by any Bank exceeds such Bank’s highest lawful rate, the rate of interest on such Bank’s Loan shall be limited to such Bank’s highest lawful rate. Interest on the principal amount of each Loan made in an Optional Currency shall be paid by the Borrowers in such Optional Currency.
(a) Each Eurodollar Subject to the provisions of Section 2.10, (i) each Base Rate Loan shall bear interest for each day during each Interest Period with respect thereto (computed on the basis of the actual number of days elapsed over a year of 365 or 366 days, as the case may be) at a rate per annum equal to the Adjusted LIBO Base Rate, and (ii) each Swing Line Loan shall bear interest at the Base Rate determined for such day plus or another rate to which the Applicable MarginBorrowers and the Swing Line Bank agree.
(b) Each CBFR Subject to the provisions of Section 2.10, each LIBOR Loan shall bear interest at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days, provided that, for Loans made in an Optional Currency for which a 365-day basis is the only market practice available to the Agent, such rate shall be calculated on the basis of the actual number of days elapsed over a year of 365 or 366 days, as the case may be, or in the case of Pounds Sterling, on the basis of a 365-day year) equal to the CBFR Floating LIBOR Rate for the Interest Period in effect for such LIBOR Loan plus the Applicable Margin.
(i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(dc) Interest on each Revolver Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto to such Loan; provided, that (i) interest accruing on overdue amounts pursuant to Section 2.10 shall be payable on demand as provided in such Section and at (ii) accrued and unpaid interest on such other times Loans shall be payable on the Termination Date, as the case may be. Interest on each Swing Line Loan shall be specified hereinpayable on the day such Swing Line Loan becomes due, including the Termination Date.
(ed) Interest hereunder As soon as practicable the Agent shall notify the Borrowers and the Banks of (i) each determination of a LIBOR Rate and (ii) the effective date and the amount of each change in the interest rate on a LIBOR Loan or Base Rate Loan. Each determination of an interest rate by the Agent, pursuant to any provision of this Agreement (including this Section 2.9 and Section 2.10) shall be due conclusive and payable binding on the Borrowers and the Banks in accordance with the terms hereof before absence of clearly demonstrable error). At the request of the Borrowers, the Agent shall deliver to the Borrowers a statement showing the quotations used by it in determining any interest rate pursuant to subsections 2.9(a) and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law(b).
Appears in 1 contract
Samples: Credit Agreement (West Pharmaceutical Services Inc)
Interest Rates and Payment Dates. (a) (i) Each Eurodollar EurodollarTerm SOFR Rate Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO EurodollarAdjusted Term SOFR Rate determined for such Interest Period plus the Applicable Margin and (ii) each RFR Loan shall bear interest for each day on which it is outstanding at a rate per annum equal to Adjusted Daily Simple SOFR plus the Applicable Margin in effect for such day.
(b) Each Base Rate Loan shall 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) Each Canadian Prime Rate Loan shall bear interest for each day on which it is outstanding at a rate per annum equal to the Canadian Prime Rate in effect for such day plus the Applicable Margin in effect for such day.
(d) Each BACDOR Rate Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the BA RateCDOR determined for such Interest Period plus the Applicable Margin.
(bi) Each CBFR If all or a portion of the principal amount of any Loan or Reimbursement Obligation shall not be paid when due (whether at the stated maturity, by acceleration or otherwise) or an Event of Default exists under Section 9(a) or clauses (i) or (ii) of Section 9(f), such overdue amounts or, in the case of such an Event of Default, all outstanding Loans and Reimbursement Obligations (in either case, to the extent legally permitted), shall bear interest at a rate per annum that is equal to (x) in the case of the Loans, the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2.00%, (y) in the case of the U.S. Borrower’s Reimbursement Obligations, the rate applicable to such Base Rate Loans under the U.S. Revolving Facility plus 2.00%, or (z) in the case of the Canadian Borrower’s or the U.S. Borrower’s Reimbursement Obligations, (A) the rate applicable to Canadian Prime Rate Loans under the Canadian Revolving Facility plus 2.00% if denominated in Canadian Dollars and (B) the rate applicable to Base Rate Loans under the Canadian Revolving Facility plus 2.00% if denominated in Dollars, 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, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum equal to the CBFR Floating rate then applicable to such (A) Base Rate Loans under the relevant Facility plus 2.00% for interest due in Dollars, and (B) Canadian Prime Rate Loans plus 2.00% for interest due in Canadian Dollars (or, in the Applicable Margincase of any such other amounts that do not relate to a particular Facility, the rate then applicable to Base Rate Loans under the U.S. Revolving Facility and/or the Canadian Revolving Facility plus 2.00% for amounts due in Dollars and the rate then applicable to Canadian Prime Rate Loans plus 2.00% for amounts due in Canadian Dollars), in each case, with respect to clauses (i) and (ii) above, from the date of such nonpayment until such amount is paid in full (after as well as before judgment).
(i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided that interest accruing pursuant to paragraph (e) of this Section 4.5 shall be specified hereinpayable from time to time on demand.
(eg) Interest hereunder If any provision of this Agreement or any of the other Loan Documents would obligate any Loan Party to make any payment of interest with respect to the Canadian Obligations or other amount payable to any Agent or any Lender in an amount or calculated at a rate which would be prohibited by law or would result in a receipt by such Agent or such Lender of interest with respect to the Canadian Obligations at a criminal rate (as such terms are construed under the Criminal Code (Canada)) then, notwithstanding such provision, such amount or rates shall be due deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by law or so result in a receipt by such Agent or such Lender of interest with respect to the Canadian Obligations at a criminal rate, such adjustment to be effected, to the extent necessary, as follows: (1) first, by reducing the amount or rates of interest required to be paid to the affected Agent or the affected Lender under Section 4.5(e); and (2) thereafter, by reducing any fees, commissions, premiums and other amounts required to be paid to the affected Agent or the affected Lender which would constitute interest with respect to the Canadian Obligations for purposes of Section 347 of the Criminal Code (Canada). Notwithstanding the foregoing, and after giving effect to all adjustments contemplated thereby, if any Agent or any Lender shall have received an amount in excess of the maximum permitted by that section of the Criminal Code (Canada), then the applicable Loan Party shall be entitled, by notice in writing to the affected Agent or the affected Lender, to obtain reimbursement from such Agent or such Lender in an amount equal to such excess, and pending such reimbursement, such amount shall be deemed to be an amount payable by such Agent or such Lender to the applicable Loan Party. Any amount or rate of interest under the Canadian Obligations referred to in this Section 4.5(g) shall be determined in accordance with generally accepted actuarial practices and principles as an effective annual rate of interest over the terms hereof before term that any Canadian Revolving Loans remain outstanding on the assumption that any charges, fees or expenses that fall within the meaning of “interest” (as defined in the Criminal Code (Canada)) shall, if they relate to a specific period of time, be prorated over that period of time and after judgmentotherwise be prorated over the period from the RestatementAmendment No. 6 Effective Date to the applicable maturity date therefor, and, in the event of a dispute, a certificate of a Fellow of the Canadian Institute of Actuaries appointed by the Administrative Agent shall be conclusive for the purposes of such determination.
(h) For purposes of disclosure pursuant to the Interest Act (Canada), the annual rates of interest or fees to which the rates of interest or fees provided in this Agreement and before the other Loan Documents (and after stated herein or therein, as applicable, to be computed on the commencement basis of a 360 day year or any proceeding other period of time less than a calendar year) are equivalent to the rates so determined multiplied by the actual number of days in the applicable calendar year and divided by 360 or against any Borrower under any bankruptcysuch other period of time, insolvency, reorganization or similar lawrespectively.
Appears in 1 contract
Samples: Credit Agreement (Cedar Fair L P)
Interest Rates and Payment Dates. (a) Each ABR Loan shall bear interest at a rate per annum equal to the ABR.
(b) The Loans comprising each Eurodollar Rate Borrowing shall bear interest at a rate per annum equal to (i) in the case of each Eurodollar Revolving Credit Loan, the Eurodollar Rate for the Interest Period in effect for such Borrowing plus the Applicable Margin and (ii) in the case of each Eurodollar Rate Competitive Loan, the Eurodollar Rate for the Interest Period in effect for such Borrowing plus (or minus, as the case may be) the Margin offered by the Lender making such Loan and accepted by the Borrower pursuant to subsection 2.3.
(c) Each Euro Cost of Funds Loan, Sterling Cost of Funds Loan and Alternate Swing Line Foreign Currency Loan shall bear interest at a rate per annum equal to the Cost of Funds for such Loan plus the Applicable Margin.
(d) Each Multicurrency Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate determined for such day Interest Period plus the Applicable MarginMargin in effect for such day.
(be) Each CBFR Fixed Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate plus fixed rate of interest offered by the Applicable MarginLender making such Loan and accepted by the Borrower pursuant to subsection 2.3.
(if) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal Subject to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request provisions of the Required Lenders such amount shall thereafter bear following sentence, interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date; provided that interest accruing pursuant to paragraph (h) of this subsection 2.11 shall be payable from time to time on demand. The amount of interest on U.S. Revolving Credit Loans and Multicurrency Loans to be paid on any Interest Payment Date applicable thereto and at such other times as may shall be specified herein.
(e) Interest hereunder shall the amount which would be due and payable if the Utilization for the period for which such interest is paid was less than 33%. On the first Business Day following the last day of each fiscal quarter of the Borrower and on the Termination Date (or, if earlier, on the date upon which both the Commitments are terminated and the Loans are paid in accordance with full), the terms hereof before Borrower shall pay to the Administrative Agent, for the ratable benefit of the Lenders, an additional amount of interest equal to the difference (if any) between (i) the amount of interest which would have been payable during such fiscal quarter (or, in the case of the payment due on the Termination Date, the portion thereof ending on such date) after giving effect to the actual Utilization during such period and after judgment, and before and after (ii) the commencement amount of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawinterest which actually was paid during such period.
Appears in 1 contract
Samples: Competitive Advance and Revolving Credit Facility (Delphi Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined for such day plus the Applicable Revolving Loan Margin.
(b) Each CBFR Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Revolving Loan Margin.
(ic) Each Swing Line Loan shall be made and maintained as a Base Rate Loan, and shall not be converted into any other type of loan.
(d) If any amount Event of principal of any Loan is not paid when due (without regard to any applicable grace periods)Default shall have occurred and be continuing, whether at stated maturity, by acceleration or otherwise, such amount all amounts outstanding shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to which is the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under described in paragraph (fb) in of this Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations plus 2% from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis no longer continuing (after as well as before judgment).
(ive) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to paragraph (d) of this Section shall be specified hereinpayable on demand.
(ef) Interest hereunder For purposes of determining (i) the Applicable Revolving Loan Margin for all Loans, (ii) the Applicable Revolving Loan Margin for the standby letter of credit fees referred to in 2.3(e)(iii) and (iii) the Maximum Leverage Ratio for the unused commitment fees referred to in Section 2.16, interest rates on the Loans and such fees shall be due and payable calculated on the basis of the Maximum Leverage Ratio set forth in the most recent Covenant Compliance Certificate received by the Agent in accordance with Section 5.1(b). For accrued and unpaid interest and fees only (no changes being made for interest or fee payments previously made), changes in interest rates on the terms hereof before Loans or in such letter of credit fees, attributable to changes in the Applicable Revolving Loan Margin (with respect to Loans and letter of credit fees ) and changes in the Maximum Leverage Ratio (with respect to unused commitment fees) caused by changes in the Maximum Leverage Ratio shall be calculated upon the delivery of a Covenant Compliance Certificate and such change shall be effective on the Base Rate Loans, LIBOR Loans or such fees, from the day which is five days after judgmentreceipt by the Agent of such Covenant Compliance Certificate. If, and before and after for any reason, the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.shall fail to deliver a Covenant Compliance Certificate when due in
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Eurocurrency Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurocurrency Rate for such Eurocurrency Loan determined for such day plus the Applicable Margin.
(b) Each CBFR Base Rate Loan (including Dollar Swing Line Loans and Multicurrency Swing Line Loans denominated in United States Dollars) shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Margin. Each Prime Rate Loan (including Multicurrency Swing Line Loans denominated in Canadian Dollars) shall bear interest at a rate per annum equal to the Prime Rate plus the Applicable Margin.
(ic) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard after giving effect to any applicable grace periods), periods (whether at the stated maturity, by acceleration or otherwise), such amount all outstanding Obligations (whether or not overdue) (to the extent legally permitted) shall thereafter bear interest at a fluctuating interest rate per annum that is equal to (i) in the case of the Loans, the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2.00%, (ii) in the case of Reimbursement Obligations, the rate applicable to Base Rate Loans or (with respect to Reimbursement Obligations in respect of Letters of Credit denominated in Canadian Dollars) Prime Rate Loans in respect of the applicable Facility plus 2.00%, and (iii) in the case of any interest payable on any Loan or Reimbursement Obligation or any commitment fee or other amount payable hereunder, at all times a rate per annum equal to the Default rate then applicable to Base Rate Loans or (with respect to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of interest payable on any Loan Obligationdenominated in Canadian Dollars or on any Reimbursement Obligations in respect of Letters of Credit denominated in Canadian Dollars) payable by Prime Rate Loans under the Borrowers under any Loan Document is not paid when due (applicable Working Capital Facility plus 2.00%, in each case, from the date of such nonpayment after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders periods until such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
not paid when due is paid in full (iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01after as well as before judgment), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date or on the applicable thereto and at such other times as may be specified hereindate with respect to interest payable pursuant to Section 4.2(c) above.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day plus the Applicable Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus the Applicable Margin.
(ic) If Notwithstanding clauses (a) and (b) above, at any amount time when an Event of principal of any Loan is not paid when due (without regard Default under Section 8.1(a) exists with respect to any principal, interest or fees, the Borrower shall, upon the election of the Required Lenders and notification to the Borrower, pay interest on the applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest past due amounts hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Laws. Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan Subject to Section 2.15(c), interest shall be due and payable by the Borrower in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified hereinDate.
(e) Interest hereunder If, as a result of any restatement of or other adjustment to the financial statements delivered pursuant to Sections 6.1(a) or (b), (x) the First Lien Leverage Ratio as calculated by the Borrower as of any applicable date was inaccurate and (y) a proper calculation of the First Lien Leverage Ratio would have resulted in a different Applicable Margin, Applicable Commitment Fee Rate, Excess Cash Flow Percentage, or Net Cash Proceeds Payment Percentage for any period then: (i) if the proper calculation of the First Lien Leverage Ratio would have resulted in a higher Applicable Margin, Applicable Commitment Fee Rate, Excess Cash Flow Percentage, or Net Cash Proceeds Payment Percentage for such period, the Borrower shall automatically and retroactively be obligated to pay to the Administrative Agent, for the benefit of the applicable Lenders, promptly on demand by the Administrative Agent, an amount equal to the excess of the amount that should have been paid for such period over the amount actually paid for such period (and any Default or Event of Default outstanding solely as a result of such underpayment shall be due (x) automatically cured upon payment of such additional amounts and payable (y) deemed to not have occurred upon payment of such additional amounts) and (ii) if the proper calculation of the First Lien Leverage Ratio would have resulted in accordance with a lower Applicable Margin, Applicable Commitment Fee Rate, Excess Cash Flow Percentage, or Net Cash Proceeds Payment Percentage for such period, neither the terms hereof before and after judgment, and before and after Administrative Agent nor any Lender shall have any obligation to repay any amount to the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawBorrower.
Appears in 1 contract
Samples: Credit Agreement (Mavenir Private Holdings II Ltd.)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day plus the Applicable Margin. Each Term SOFR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to Term SOFR determined for such day plus the Applicable Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus the Applicable Margin.
(i) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such amount all outstanding Loans and Reimbursement Obligations (whether or not overdue) shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (x) in the Default Rate case of the Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2% or (y) in the case of Reimbursement Obligations, the Applicable Margins (based on the Revolving Percentages of the Revolving Lenders in such Reimbursement Obligations) for ABR Loans under the applicable Requirements Revolving Commitments participating in Letters of Law.
Credit plus 2%, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or Reimbursement Obligation or any commitment fee or other amount payable hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate rate then applicable to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request ABR Loans of the Required Lendersrelevant Class (and, while in the case of the amount payable to any Event Revolving Lender, based on the Applicable Margins then in effect for such Revolving Lender’s Revolving Commitments) plus 2% (or, in the case of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01)any such other amounts that do not relate to a particular Class, the Borrowers shall pay interest rate then applicable to ABR Loans under the Revolving Facility (based on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.highest Applicable Margins then in effect for any Revolving - 65-
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
Date, provided that interest accruing pursuant to paragraph (ec) Interest hereunder of this Section shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Samples: Credit Agreement (Cco Holdings LLC)
Interest Rates and Payment Dates. (a) Each Eurodollar LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined plus (i) for such day plus LIBOR Loans which are Revolving Loans, the Applicable Revolving Loan Margin and (ii) for LIBOR Loans which are Term Loans, the Applicable Term Loan Margin.
(b) Each CBFR Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus (i) for Base Rate Loans which are Revolving Loans, the Applicable Revolving Loan Margin and (ii) for Base Rate Loans which are Term Loans, the Applicable Term Loan Margin.
(ic) If any amount Event of principal of any Loan is not paid when due (without regard to any applicable grace periods)Default shall have occurred and be continuing, whether at stated maturity, by acceleration or otherwise, such amount all amounts outstanding shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to which is the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under described in paragraph (fb) in of this Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations plus 2% from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Default Rate to the fullest extent permitted by applicable law.
is no longer continuing (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandafter as well as before judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to paragraph (c) of this Section shall be specified hereinpayable on demand.
(e) Interest hereunder For purposes of determining the Applicable Margin for all Loans, the letter of credit fees referred to in Section 2.3(e) and the commitment fee referred to in Section 2.16, interest rates on the Loans and such fees shall be due and payable calculated on the basis of the Maximum Total Debt Ratio set forth in the most recent Covenant Compliance Certificate received by the Agent in accordance with Section 5.2(a) (which Certificate shall be accompanied by the terms hereof before relevant financial statements for such period). For accrued and unpaid interest and fees only (no changes being made for interest or fee payments previously made), changes in interest rates on the Loans, or in such fees, attributable to changes in the Applicable Margin caused by changes in the Maximum Total Debt Ratio set forth in the applicable Covenant Compliance Certificate shall be calculated upon the delivery of a Covenant Compliance Certificate (accompanied by such financial statements) and such change shall be effective from (and including) the day which is two Business Days after judgmentreceipt by the Agent of such Covenant Compliance Certificate and financial statements. If, for any reason, the Borrower shall fail to deliver a Covenant Compliance Certificate and such financial statements when due in accordance with Section 5.1(a) and 5.2(a), and before such failure shall continue for a period of ten days, the Leverage Level shall be deemed to be Revolving Loan Leverage Level 1 or Term Loan Leverage Level 1, as applicable, retroactive to the date on which the Borrower should have delivered such Covenant Compliance Certificate and after such financial statements and shall continue until a Covenant Compliance Certificate and financial statements indicating a different Leverage Level is delivered to the commencement Agent. Notwithstanding the foregoing, there shall be no reductions in the Applicable Margin during any period in which an Event of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawDefault has occurred and is continuing.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO LIBOR Rate determined for such day plus the Applicable Margin.
(b) Each CBFR Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Margin.
(c) Each Canadian Term Loan shall bear interest at a rate per annum equal to the Canadian Dollar Prime Rate plus the Applicable Margin.
(d) If all or a portion of (i) If any amount of principal of any Loan is Loan, (ii) any interest payable thereon, (iii) any commitment fee or (iv) any Reimbursement Obligation or Acceptance Reimbursement Obligation or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), the principal of the Loans, the Reimbursement Obligations or Acceptance Reimbursement Obligation and any such overdue interest, commitment fee or other amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is (w) in the case of principal, the rate that would otherwise be applicable thereto pursuant to the Default foregoing provisions of this subsection PLUS 2% or, if higher, (x) in the case of Reimbursement Obligations, the rate applicable to Base Rate Loans under the Revolving Credit Facility PLUS 2%, (y) in the case of Acceptance Reimbursement Obligations, the rate applicable to Revolving Credit Loans that are LIBOR Loans PLUS 2% or (z) in the fullest extent permitted by applicable Requirements case of Lawany such overdue interest, commitment fee or other amount, the rate described in paragraph (b) of this subsection (paragraph (c) in the case of interest on Canadian Term Loans) PLUS 2%, in each case from the date of such non-payment until such overdue principal, interest, commitment fee or other amount is paid in full (as well after as before judgment).
(iie) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
Date, PROVIDED that interest accruing pursuant to paragraph (ed) Interest hereunder of this Section 6.6 shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Subject to the provisions of subsection 2.14, each Base Rate Tranche A Loan shall bear interest for each day during each Interest Period with respect thereto (computed on the basis of the actual number of days elapsed over a year of 365 or 366 days, as the case may be) at a rate per annum equal to the Adjusted LIBO Base Rate determined for such day plus the Applicable Margin.
(b) Each CBFR Margin applicable to Base Rate Tranche A Loans. Subject to the provisions of subsection 2.14, each Base Rate Tranche B Loan shall bear interest (computed on the basis of the actual number of days elapsed over a year of 365 or 366 days, as the case may be) at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable MarginMargin applicable to Base Rate Tranche B Loans.
(ib) If any amount Subject to the provisions of principal of any subsection 2.14, each Eurodollar Tranche A Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest (computed on the basis of the actual number of days elapsed over a year of 360 days) at a fluctuating interest rate per annum at all times equal to the Default Eurodollar Rate for the Interest Period in effect for such Eurodollar Tranche A Loan plus the Applicable Margin applicable to Eurodollar Tranche A Loans. Subject to the fullest extent permitted by provisions of subsection 2.14, each Eurodollar Tranche B Loan shall bear interest (computed on the basis of the actual number of days elapsed over a year of 360 days) at a rate per annum equal to the Eurodollar Rate for the Interest Period in effect for each Eurodollar Tranche B Loan plus the Applicable Margin applicable Requirements of Lawto Eurodollar Tranche B Loans.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(dc) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto to such Loan and at on the Termination Date; provided that, interest accruing on overdue amounts pursuant to subsection 2.14 shall be payable on demand as provided in such other times as may be specified hereinsubsection.
(ed) Interest hereunder As soon as practicable the Agent shall notify the Company and the Banks of (i) each determination of a Eurodollar Rate and (ii) the effective date and the amount of each change in the interest rate on a Eurodollar Loan or Base Rate Loan. Each determination of an interest rate by the Agent, pursuant to any provision of this Agreement (including subsections 2.13 and 2.14) shall be due conclusive and payable binding on the Borrowers and the Banks in accordance with the terms hereof before absence of clearly demonstrable error. At the request of the Borrowers, the Agent shall deliver to the Company a statement showing the quotations used by it in determining any interest rate pursuant to subsections 2.13(a) and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law(b).
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall (i) if a LIBORSOFR Loan, bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO RateTerm SOFR plus the Applicable Margin; and (ii) if a Base Rate determined for such day Loan, bear interest at a rate per annum equal to the Base Rate plus the Applicable Margin.
(b) Each CBFR Loan If any Event of Default shall have occurred and be continuing, all amounts outstanding hereunder shall bear interest at a rate per annum equal to the CBFR Floating Rate rate determined pursuant to Section 2.7(a) plus the Applicable Margin.
(i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods)2.00% per annum, whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis no longer continuing (after as well as before judgment).
(ivc) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto Date; provided, however, that interest accruing pursuant to paragraph (b) of this Section shall be payable on demand.
(d) For purposes of determining the Applicable Margin for Revolving Loans and at Delayed Draw Term Loans, subject to the last paragraph of the definition of “Applicable Margin” contained in Section 1.1, interest rates on such other times as Loans shall be calculated on the basis of the Total Funded Debt Ratio set forth in the most recent Pricing Certificate received by the Agent. A Pricing Certificate may be specified hereindelivered to the Agent by the Borrower no more frequently than quarterly, and shall be accompanied by the financial statements and other deliveries referred to in Section 5.1(b) for the quarter then most-recently ended. For accrued and unpaid interest only (no changes being made for interest payments previously made), changes in interest rates on Revolving Loans and Delayed Draw Term Loans attributable to changes in the Applicable Margin caused by changes in the Total Funded Debt Ratio shall be calculated upon the delivery of a Pricing Certificate, and such change shall be effective with respect to Base Rate Loans and LIBORSOFR Loans that are Revolving Loans or Delayed Draw Term Loans from the day which is three (3) Business Days after receipt by the Agent of such Pricing Certificate. If, for any reason, the Borrower shall fail to deliver a Pricing Certificate within forty-five (45) days, following the end of its fiscal quarter at any time when the Total Funded Debt Ratio has increased, or shall fail to deliver a Covenant Compliance Certificate when due in accordance with Section 5.2(a), and such failure shall continue for a period of fifteen (15) days, then the Applicable Margin shall be set at Leverage Level 1, retroactive to the date on which the Borrower should have delivered such Pricing Certificate, and shall continue until a Pricing Certificate indicating a different Applicable Margin is delivered to the Agent.
(e) Interest hereunder Notwithstanding anything herein or in any other Loan Document to the contrary, in the event that any financial statement or certificate delivered pursuant to Section 5.1 or Section 5.2 is shown to be inaccurate, and such inaccuracy, if corrected, would have led to the application of a higher Applicable Margin (the “Correct Applicable Margin”) for any period that such financial statement or certificate, as applicable, covered, then (i) the Borrower shall promptly deliver to the Agent a corrected financial statement or certificate, as the case may be, for such period, (ii) the Applicable Margin for Revolving Loans and Delayed Draw Term Loans shall be due reset to the Correct Applicable Margin for such period, and payable in accordance (iii) the Borrower shall promptly pay to the Agent the accrued additional interest owing as a result of such Correct Applicable Margin for such period.
(f) In connection with the terms hereof before use or administration of Term SOFR, 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. Agent will promptly notify the Borrower and after judgmentthe Lenders of the effectiveness of any Conforming Changes in connection with the use or administration of Term SOFR.
(g) Notwithstanding anything to the contrary contained herein, and before and any Existing LIBOR Loans shall remain “LIBOR Loans” (as defined in this Agreement as in effect prior to the First Amendment Effective Date) until the end of the applicable Interest Period (as defined in this Agreement as in effect prior to the First Amendment Effective Date). For the avoidance of doubt, (i) any new Loans requested on or after the commencement of any proceeding by First Amendment Effective Date shall be either Base Rate Loans or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawSOFR Loans and (ii) Existing LIBOR Loans may not be continued as “LIBOR Loans” (as defined in this Agreement as in effect prior to the First Amendment Effective Date).
Appears in 1 contract
Interest Rates and Payment Dates. (a) Each Eurodollar Loan (other than a Competitive Bid Loan) shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day plus the Applicable Margin. Each Eurodollar Loan comprising any Competitive Bid Borrowing shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such day plus the Spread offered by the Lender making such Loan and accepted by the relevant Borrower pursuant to Section 2.8(d).
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate ABR plus the Applicable Margin.
(c) Each Fixed Rate Loan shall bear interest at a fixed percentage rate per annum specified by the Revolving Lender making such Fixed Rate Loan and accepted by the relevant Borrower pursuant to Section 2.8(d).
(d) Each Swingline Loan that is a Money Market Rate Loan shall bear interest at the rate per annum equal to the applicable Money Market Rate.
(i) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (x) in the Default Rate case of the Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2% or (y) in the case of Reimbursement Obligations, the rate applicable Requirements of Law.
to ABR Loans under the Revolving Facility plus 2%, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or Reimbursement Obligation or any facility fee or other amount payable hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate rate then applicable to ABR Loans under the fullest extent permitted by relevant Facility plus 2% (or, in the case of any such other amounts that do not relate to a particular Facility, the rate then applicable Requirements to ABR Loans under the Revolving Facility plus 2%), in each case, with respect to clauses (i) and (ii) above, from the date of Lawsuch non-payment until such amount is paid in full (as well after as before judgment).
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
Date, provided that interest accruing pursuant to paragraph (ed) Interest hereunder of this Section shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Interest Rates and Payment Dates. The Borrowers shall pay interest in respect of the outstanding unpaid principal amount of the 364 Day Loans and the Five Year Loans as selected by it from the Base Rate or LIBOR Rate set forth below applicable thereto, it being understood that, subject to the provisions of this Agreement, the Borrowers may select different interest rates and different Interest Periods to apply simultaneously to Loans comprising different Tranches and may convert to or renew one or more interest rates with respect to all or any portion of Loans comprising any Tranche, provided, that there shall not be at any one time outstanding more than five (5) Tranches in the aggregate under the 364 Day Facility and eight (8) Tranches in the aggregate under the Five Year Facility (excluding Swing Line Loans). If at any time the designated rate applicable to any Loan made by any Bank exceeds such Bank's highest lawful rate, the rate of interest on such Bank's Loan shall be limited to such Bank's highest lawful rate. Interest on the principal amount of each Loan made in an Optional Currency shall be paid by the Borrowers in such Optional Currency.
(a) Each Eurodollar Subject to the provisions of Section 2.10, (i) each Base Rate Loan shall bear interest for each day during each Interest Period with respect thereto (computed on the basis of the actual number of days elapsed over a year of 365 or 366 days, as the case may be) at a rate per annum equal to the Adjusted LIBO Base Rate, and (ii) each Swing Line Loan shall bear interest at the Base Rate determined for such day plus or another rate to which the Applicable MarginBorrowers and the Swing Line Bank agree.
(b) Each CBFR Subject to the provisions of Section 2.10, each LIBOR Loan shall bear interest at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days, provided that, for Loans made in an Optional Currency for which a 365-day basis is the only market practice available to the Agent, such rate shall be calculated on the basis of the actual number of days elapsed over a year of 365 or 366 days, as the case may be) equal to the CBFR Floating LIBOR Rate for the Interest Period in effect for such LIBOR Loan plus the Applicable Margin.
(i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.
Appears in 1 contract
Samples: Credit Agreement (West Pharmaceutical Services Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day plus the Applicable MarginMargin in effect for such day.
(b) Each CBFR Base Rate Loan shall 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) Each Canadian Prime Rate Loan shall bear interest for each day on which it is outstanding at a rate per annum equal to the Canadian Prime Rate in effect for such day plus the Applicable Margin in effect for such day.
(d) Upon acceptance of a Bankers’ Acceptance by a Canadian Lender, the Canadian Borrower shall pay to the Canadian Agent on behalf of the Canadian Lender the Acceptance Fee calculated on the face amount of the Bankers’ Acceptances at a rate per annum equal to the Applicable Margin on the basis of the number of days in the Interest Period for the Bankers’ Acceptance and a year of 365 days.
(i) If all or a portion of the principal amount of any US Dollar-Denominated Facilities Loan or US Dollar RCF Reimbursement Obligation shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), all outstanding US Dollar-Denominated Facilities Loans and US Dollar RCF Reimbursement Obligations (whether or not overdue) (to the extent legally permitted) shall bear interest at a rate per annum that is equal to (x) in the case of the US Dollar-Denominated Facilities Loans, the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2.0% or (y) in the case of US Dollar RCF Reimbursement Obligations, the rate applicable to Base Rate Loans under the US Dollar Revolving Credit Facility plus 2.0%, and (ii) if all or a portion of any interest payable on any US Dollar-Denominated Facilities Loan or US Dollar RCF Reimbursement Obligation or any commitment fee or other amount payable hereunder shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum equal to the CBFR Floating rate then applicable to Base Rate Loans under the relevant US Dollar-Denominated Facility plus 2.0% (or, in the Applicable Margincase of any such other amounts that do not relate to a particular US Dollar-Denominated Facility, the rate then applicable to Base Rate Loans under the US Dollar Revolving Credit Facility plus 2.0%), in each case, with respect to clauses (i) and (ii) above, from the date of such non-payment until such amount is paid in full (after as well as before judgment).
(i) If any all or a portion of the principal amount of principal of any Alternate Currency Facilities Loan is or Dual Currency RCF Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such amount all outstanding Alternate Currency Facilities Loans and Dual Currency RCF Reimbursement Obligations (whether or not overdue) (to the extent legally permitted) shall thereafter bear interest at a fluctuating interest rate per annum at all times that is equal to (x) in the Default Rate case of the Alternate Currency Facilities Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2.0% or (y) in the case of Dual Currency RCF Reimbursement Obligations, the rate applicable Requirements of Law.
to Canadian Prime Rate Loans under the Dual Currency Revolving Credit Facility plus 2.0%, and (ii) If any amount (other than principal if all or a portion of any interest payable on any Alternate Currency Facilities Loan Obligation) or Dual Currency RCF Reimbursement Obligation or any commitment fee or other amount payable by the Borrowers under any Loan Document is hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (x) in the Default case of US Borrower Dual Currency RCF Loans, the rate then applicable to Base Rate Loans under the Dual Currency Revolving Credit Facility plus 2.0% and (y) in the case of Canadian Borrower Loans and Dual Currency RCF Reimbursement Obligations, the rate then applicable to Canadian Prime Rate Loans under the fullest extent permitted by relevant Canadian Borrower Facility plus 2.0% (or, in the case of any such other amounts that do not relate to a particular Alternate Currency Facility, the rate then applicable Requirements to Base Rate Loans under the Dual Currency Revolving Credit Facility plus 2.0%), in each case, with respect to clauses (i) and (ii) above, from the date of Lawsuch non-payment until such amount is paid in full (after as well as before judgment).
(iiig) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
Date, provided that interest accruing pursuant to paragraph (e) Interest hereunder or (f) of this Section shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
Appears in 1 contract
Samples: Credit Agreement (LKQ Corp)
Interest Rates and Payment Dates. (a) Each Eurodollar Term SOFR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to
(b) Each CDOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO CDOR Rate for such CDOR Loan determined for such day Interest Period plus the Applicable Margin.
(bc) Each CBFR Base Rate Loan (including Dollar Swing Line Loans and Multicurrency Swing Line Loans denominated in United States Dollars) shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Margin. Each Prime Rate Loan (including Multicurrency Swing Line Loans denominated in Canadian Dollars) shall bear interest at a rate per annum equal to the Canadian Prime Rate plus the Applicable Margin.
(id) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard after giving effect to any applicable grace periods), periods (whether at the stated maturity, by acceleration or otherwise), such amount all outstanding Obligations (whether or not overdue) (to the extent legally permitted) shall thereafter bear interest at a fluctuating interest rate per annum that is equal to (i) in the case of the Loans, the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2.00%, (ii) in the case of Reimbursement Obligations, the rate applicable to Base Rate Loans or (with respect to Reimbursement Obligations in respect of Letters of Credit denominated in Canadian Dollars) Prime Rate Loans in respect of the applicable Facility plus 2.00%, and (iii) in the case of any interest payable on any Loan or Reimbursement Obligation or any commitment fee or other amount payable hereunder, at all times a rate per annum equal to the Default rate then applicable to Base Rate Loans or (with respect to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of interest payable on any Loan Obligationdenominated in Canadian Dollars or on any Reimbursement Obligations in respect of Letters of Credit denominated in Canadian Dollars) payable by Prime Rate Loans under the Borrowers under any Loan Document is not paid when due (applicable Working Capital Facility plus 2.00%, in each case, from the date of such nonpayment after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders periods until such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Lawnot paid when due is paid in full (after as well as before judgment).
(iiie) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date or on the applicable thereto and at such other times as may be specified hereindate with respect to interest payable pursuant to Section 4.2(d) above.
(ef) Interest hereunder shall be due and payable in accordance In connection with the terms hereof before and after judgment, and before and after the commencement use or administration of any proceeding by initial Benchmark, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or against in any Borrower under other Loan Document, any bankruptcy, insolvency, reorganization amendments implementing such Conforming Changes will become effective without any further action or similar lawconsent of any other party to this Agreement or any other Loan Document. The Administrative Agent will promptly notify the Borrowers and the Lenders of the effectiveness of any Conforming Changes in connection with the use or administration of any initial Benchmark.
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Interest Rates and Payment Dates. (a) Each Eurodollar Revolving Loan shall (i) if a LIBOR Loan, bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined for such day plus the Applicable Margin.
Revolving Margin for LIBOR Loans and (bii) Each CBFR Loan shall if a Base Rate Loan, bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable MarginRevolving Margin for Base Rate Loans.
(b) Each Multiple-Draw Term Loan shall (i) If any amount of principal of any Loan is not paid when due if a LIBOR Loan, bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted Rate plus the Applicable Term Margin for LIBOR Loans and (without regard to any applicable grace periods)ii) if a Base Rate Loan, whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Base Rate to plus the fullest extent permitted by applicable Requirements of LawApplicable Term Margin for Base Rate Loans.
(c) Each Term B Loan shall (i) if a LIBOR Loan, bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted Rate plus the Applicable Term Margin for LIBOR Loans and (ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods)if a Base Rate Loan, whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Base Rate to plus the fullest extent permitted by applicable Requirements of LawApplicable Term Margin for Base Rate Loans.
(iiid) Upon the request of the Required Lenders, while any If Event of Default exists (or automatically while an Event of Default exists under shall have occurred and be continuing, all amounts outstanding shall bear interest at a rate per annum which is the rate described in paragraph (f) in Section 7.01a), the Borrowers shall pay interest on the principal amount (b) or (c) of all outstanding Obligations this Section, as applicable, plus 2% from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis no longer continuing (after as well as before judgment).
(ive) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, provided that interest accruing pursuant to paragraph (d) of this Section shall be specified hereinpayable on demand.
(ef) Interest hereunder For purposes of determining (i) the Applicable Revolving Margin for Revolving Loans and (ii) the Applicable Revolving Margin for the letter of credit fees referred to in Section 2.5(e), interest rates on Revolving Loans and such fees shall be due and payable calculated on the basis of the Maximum Total Debt Ratio set forth in the most recent Covenant Compliance Certificate received by the Agent in accordance with Section 5.1(b). For accrued and unpaid interest and fees only (no changes being made for interest or fee payments previously made), changes in interest rates on Revolving Loans, or in such fees, attributable to changes in the terms hereof before and after judgmentApplicable Revolving Margin caused by changes in the Maximum Total Debt Ratio shall be calculated upon the delivery of a Covenant Compliance Certificate, and before such change shall be effective (y) in the case of a Base Rate Loan or such fees, from the first day subsequent to the last day covered by the Covenant Compliance Certificate and after (z) in the commencement case of a LIBOR Loan, from the first day of the Interest Period applicable to such LIBOR Loan subsequent to the last day covered by the Covenant Compliance Certificate. If, for any proceeding reason, the Borrower shall fail to deliver a Covenant Compliance Certificate when due in accordance with Section 5.1(b), and such failure shall continue for a period of ten days, the Revolving Leverage Level shall be deemed to be Revolving Leverage Level 1 for purposes of determining the Applicable Revolving Margin on Revolving Loans or fees, as applicable, in each case retroactive to the date on which the Borrower should have delivered such Covenant Compliance Certificate and shall continue until a Covenant Compliance Certificate indicating a different Revolving Leverage Level is delivered to the Agent. Notwithstanding the foregoing, the Applicable Revolving Margin for the period from the Closing Date to and including the date on which the Agent receives the financial statements required by or against any Borrower under any bankruptcySection 5.1(a) with respect to the Borrower’s fiscal quarter ending December 31, insolvency2004, reorganization or similar lawshall be Revolving Leverage Level 1.
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Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Eurodollar Rate determined for such day plus the Applicable Margin.. 50
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating ABR plus the Applicable Margin.
(c) Each C$ Prime Loan shall bear interest at a rate per annum equal to the C$ Prime Rate plus the Applicable Margin, and each U.S. Base Rate Loan shall bear interest at a rate per annum equal to the U.S. Base Rate plus the Applicable Margin.
(d) (i) If any all or a portion of the principal amount of principal of any Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such the principal amount of all Loans and Reimbursement Obligations shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to (x) in the Default Rate case of the Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section PLUS 2%, (y) in the case of U.S. Reimbursement Obligations, the rate applicable Requirements to ABR Loans under the U.S. Revolving Facility PLUS 2% or (z) in the case of Law.
Canadian Reimbursement Obligations, the rate applicable to C$ Prime Loans under the Canadian Swingline Facility PLUS 2%, and (ii) If any amount (other than principal if all or a portion of any Loan Obligation) interest payable by the Borrowers under on any Loan Document is or Reimbursement Obligation or any commitment fee or other amount payable hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default rate then applicable to ABR Loans, U.S. Base Rate Loans or C$ Prime Loans, as the case may be, under the relevant Facility PLUS 2% (or, in the case of any such other amounts that do not relate to a particular Facility, the fullest extent permitted by rate then applicable Requirements to ABR Loans under the U.S. Revolving Facility PLUS 2%), in each case, with respect to clauses (i) and (ii) above, from the date of Lawsuch non-payment until such amount is paid in full (as well after as before judgment).
(iiie) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto Date, PROVIDED that interest accruing pursuant to paragraph (d) of this Section shall be payable from time to time on demand. Interest in respect of U.S. Loans, U.S. Reimbursement Obligations and at Canadian Loans that are denominated in Dollars (and all other amounts denominated in Dollars) shall be payable in Dollars, and interest in respect of Canadian Loans or Canadian Reimbursement Obligations if such Loans or Reimbursement Obligations are denominated in Canadian Dollars (and all other times as may amounts denominated in Canadian Dollars) shall be specified hereinpayable in Canadian Dollars.
(ei) Interest hereunder If any provision of this Agreement would obligate any Loan Party to make any payment of interest or other amount payable to any Canadian Lender in an amount or calculated at a rate which would be prohibited by law or would result in a receipt by such Canadian Lender of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)), then notwithstanding such provision, such amount or rate shall be due and payable deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by law or so result in accordance with a receipt by such Canadian Lender of interest at a criminal rate, such adjustment to be effected, to the terms hereof before and after judgmentextent necessary, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.as follows:
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Interest Rates and Payment Dates. (a) Each Eurodollar Loan (other than Term SOFR Loans and Daily Simple RFR Loans) shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such day plus the Applicable Margin.
(a) Each Term SOFR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Rate Term SOFR determined for such day plus the Applicable Margin.
(b) Each CBFR Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Margin.
(c) Each Daily Simple RFR Loan shall bear interest at a rate per annum equal to the Adjusted Daily Simple RFR plus the Applicable Margin.
(i) If any all or a portion of the principal amount of principal of any Term Loan, Revolving Credit Loan is or Reimbursement Obligation shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times that is equal to (x) in the Default Rate case of the Term Loans and the Revolving Credit Loans, the rate that would otherwise be applicable thereto pursuant to the fullest extent permitted by foregoing provisions of this Section plus 2% or (y) in the case of Reimbursement Obligations, the rate applicable Requirements of Law.
to Base Rate Loans plus 2%, and (ii) If any amount (other than principal if all or a portion of any interest payable on any Term Loan, Revolving Credit Loan Obligation) or Reimbursement Obligation or any commitment fee or other amount payable by the Borrowers under any Loan Document is hereunder shall not be paid when due (after giving effect to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), then upon the request of the Required Lenders such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default rate then applicable to Base Rate Loans plus 2%, in each case, with respect to clauses (i) and (ii) above, from the fullest extent permitted by applicable Requirements date of Lawsuch non‑payment until such amount is paid in full (after as well as before judgment).
(iiie) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
Date, provided that interest accruing pursuant to paragraph (e) Interest hereunder of this Section shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar lawfrom time to time on demand.
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Interest Rates and Payment Dates. (a) Each Eurodollar SOFR Loan, Eurocurrency Rate Loan and CDOR Rate Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to Term SOFR, the Adjusted Eurocurrency Rate or the CDOR Rate, as applicable, determined for such day plus the Applicable Margin for such Loans.
(b) Each Base Rate Loan shall bear interest at a rate per annum equal to the Base Rate plus the Applicable Margin for Base Rate Loans.
(c) Each Daily Simple RFR Loan shall bear interest at a rate per annum equal to the Daily Simple RFR in effect from time to time for such Currency plus the Applicable Margin for Daily Simple RFR Loans.
(d) Each Term RFR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO Rate determined Term RFR for such day Interest Period and for such Currency plus the Applicable MarginMargin for Term RFR Loans.
(bi) Each CBFR If all or a portion of the principal amount of any 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) shall bear interest at a rate per annum equal to (x) in the case of the Loans, 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, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum equal to the CBFR Floating rate then applicable to Base Rate Loans plus 2% (unless such overdue amount is denominated in a Foreign Currency, in which case such overdue amount shall bear interest of a rate per annum equal to the Applicable Marginhighest rate then applicable under this Agreement to Multicurrency Revolving Loans denominated in such Foreign Currency plus 2%), in each case, with respect to clauses (i) and (ii) above, from the date of such non-payment until such amount is paid in full (as well after as before judgment).
(i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided that interest accruing pursuant to paragraph (c) of this Section shall be specified hereinpayable from time to time on demand.
(eg) Notwithstanding the other provisions of this Section 2, the Loans denominated in Euros outstanding on the Fifth Amendment Effective Date in the aggregate principal amount of €90,000,000 which are subject to an Interest hereunder Period ending on December 31, 2021 shall be due remain outstanding and payable continue to bear interest through such date in accordance with the terms hereof of this Agreement as in effect immediately before and after judgmentgiving effect to the Fifth Amendment. The Borrower shall convert such existing Loans to a Type permitted by the terms of this Agreement at the end of such Interest Period, and before and after if no such notice of conversion is delivered in accordance with the commencement terms of this Agreement then such Loan shall be automatically converted to a Eurocurrency Rate Loan denominated in Euros (i.e., EURIBOR) with an Interest Period of one month.
(h) In connection with the use or administration of any proceeding by Daily Simple RFR or against 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 Administrative Agent will promptly notify the Borrower under and the Lenders of the effectiveness of any bankruptcy, insolvency, reorganization Conforming Changes in connection with the use or similar lawadministration of any Daily Simple RFR or Term SOFR.
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Samples: Credit Agreement (Kadant Inc)
Interest Rates and Payment Dates. (a) Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Adjusted LIBO sum of the Eurodollar Rate determined for such day plus the Applicable Eurodollar Margin.
(b) Each CBFR ABR Loan shall bear interest at a rate per annum equal to the CBFR Floating Rate sum of ABR plus the Applicable ABR Margin.
(c) If all or a portion of (i) If any the principal amount of principal of any Loan is or any Reimbursement Obligation, (ii) any interest payable thereon or (iii) any commitment fee or other amount payable hereunder shall not be paid when due (without regard to any applicable grace periods), whether at the stated maturity, by acceleration or otherwise), such overdue amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal which is (x) in the case of overdue principal, the rate that would otherwise be applicable thereto pursuant to the Default Rate to the fullest extent permitted by applicable Requirements foregoing provisions of Law.
this subsection plus 2% or (ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (fy) in Section 7.01)the case of overdue interest, commitment fee or other amount, the Borrowers shall pay interest on the principal amount of all outstanding Obligations rate described in subsection 6.6(b) plus 2%, in each case from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable law.
non-payment until such amount is paid in full (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demandas well after as before judgment).
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date, PROVIDED that interest accruing pursuant to subsection 6.6(c) shall be specified hereinpayable from time to time on demand.
(e) Interest hereunder If any Reference Lender shall resign as such, such Reference Lender shall thereupon cease to be a Reference Lender, and the Borrower and the Administrative Agent (after consultation with the Lenders) shall, by notice to the Lenders, designate another Lender as a Reference Lender so that there shall at all times be at least two Reference Lenders.
(f) Each Reference Lender shall use its best efforts to furnish quotations of rates to the Administrative Agent as contemplated hereby. If a Reference Lender shall be due unable or shall otherwise fail to supply such rates to the Administrative Agent upon its request, the rate of interest shall be determined on the basis of the quotations of the remaining Reference Lenders or Reference Lender.
(g) Upon delivery of the Level Determination Certificate by the Borrower to the Agents pursuant to subsection 9.2(c), the Applicable Eurodollar Margin and payable the Applicable ABR Margin shall automatically be adjusted in accordance with the terms hereof before and after judgment(Credit Agreement) Funded Debt Ratio in effect as determined by such Level Determination Certificate, and before and such adjustment to become effective on the next succeeding Business Day after the commencement receipt by the Agents of any proceeding such Level Determination Certificate; PROVIDED that if a Level Determination Certificate is not delivered at the time required pursuant to subsection 9.2(c), the Applicable ABR Margin shall be 0.0% per annum and the Applicable Eurodollar Margin shall be 1.250% per annum, from such time until delivery of such Level Determination Certificate; PROVIDED FURTHER that if a Level Determination Certificate erroneously indicates margin more favorable to the Borrower than should be afforded by or against any the actual calculation of the Funded Debt Ratio, the Borrower under any bankruptcyshall promptly pay additional interest, insolvency, reorganization or similar lawcommitment fees and letter of credit fees to correct for such error.
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Interest Rates and Payment Dates. (a) Each Eurodollar LIBOR Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the LIBOR Adjusted LIBO Rate determined for such day plus the Applicable Margin.
(b) . Each CBFR Base Rate Loan shall bear interest at a rate per annum equal to the CBFR Floating Base Rate plus the Applicable Margin.
(ib) If any amount Event of principal of any Loan is not paid when due (without regard to any applicable grace periods)Default shall have occurred and be continuing, whether at stated maturity, by acceleration or otherwise, such amount all amounts outstanding hereunder shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Base Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods)plus 2% per annum, whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from and after the date of the occurrence of such Event of Default at a fluctuating interest rate per annum at all times equal to the until such Event of Default Rate to the fullest extent permitted by applicable lawis no longer continuing (after as well as before judgment).
(ivc) Accrued and unpaid interest on past due amounts (including interest on past due interest) Interest shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may Date; provided, however, that interest accruing pursuant to paragraph (b) of this Section shall be specified hereinpayable on demand.
(ed) Interest hereunder For purposes of determining the Applicable Margin for Loans, commitment fees and standby letter of credit fees hereunder, interest rates on the Loans and such fees shall be due and payable calculated on the basis of the Maximum Leverage Ratio set forth in the most recent Covenant Compliance Certificate received by the Agent in accordance with Section 5.2(a). For accrued and unpaid interest and fees only (no changes being made for interest or fee payments previously made), changes in interest rates on the terms hereof before and after judgmentLoans or the rate of such fees attributable to changes in the Applicable Margin caused by changes in the Maximum Leverage Ratio shall be calculated upon the delivery of a Covenant Compliance Certificate, and before such change shall be effective with respect to Base Rate Loans, LIBOR Loans and such fees from the day which is five days after receipt by the commencement Agent of such Covenant Compliance Certificate. If, for any proceeding by or against any reason, the Borrower under any bankruptcyshall fail to deliver a Covenant Compliance Certificate when due in accordance with Section 5.2(a), insolvencyand such failure shall continue for a period of ten days, reorganization or similar lawthe Leverage Level shall be deemed to be Leverage Xxxxx 0 for such purposes, retroactive to the date on which the Borrower should have delivered such Covenant Compliance Certificate, and shall continue until a Covenant Compliance Certificate indicating a different Leverage Level is delivered to the Agent.
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Interest Rates and Payment Dates. (a) Each Eurodollar Loan Subject to the provisions of Sections 2.6(c) and 2.6(d), Cash Pay Initial Loans shall bear interest for each day during each the period from and including the date such Borrowings are made to, but excluding, the Cash Pay Conversion Date on the unpaid principal thereof at a rate per annum equal to Adjusted EURIBOR for the Interest Period with respect thereto in effect for such Borrowing plus the Cash Pay Initial Spread plus the Additional Cost; provided that, in the event of conditions described in Section 2.6(c), affected Cash Pay Initial Loans shall accrue interest from and including the date of such event to, but excluding, the Cash Pay Conversion Date on the unpaid principal thereof at a rate per annum equal to the rate specified in Section 2.6(c). Cash Pay Term Loans shall bear interest for the period from and including the Cash Pay Conversion Date to, but excluding, the Final Maturity Date or date of exchange for an Exchange Note on the unpaid principal thereof at a rate per annum equal to Adjusted LIBO Rate determined EURIBOR on the Cash Pay Conversion Date and each three-month anniversary thereof plus the Cash Pay Extension Spread plus the Additional Cost; provided, however that on any date on or after the Cash Pay Conversion Date, the Cash Pay Term Loan of any Lender shall, at the election of such Lender, accrue interest at a fixed rate per annum (the "Cash Pay Fixed Rate") equal to the interest rate in effect for such day plus Cash Pay Term Loan on such date. Interest on the Applicable MarginCash Pay Loans shall be paid in cash except as provided in Section 2.6(d).
(b) Each CBFR Loan Subject to the provisions of Sections 2.6(c) and 2.6(e), PIK Loans shall bear interest for the period from and including the date such Borrowings are made to but excluding the PIK Conversion Date on the unpaid principal thereof at a rate per annum equal to Adjusted EURIBOR for the Interest Period in effect for such Borrowing plus the PIK Initial Spread plus the Additional Cost; provided that, in the event of conditions described in Section 2.6(c), affected PIK Initial Loans shall accrue interest from and including the date of such event to, but excluding, the PIK Conversion Date on the unpaid principal thereof at a rate per annum equal to the CBFR Floating Rate rate specified in Section 2.6(c). PIK Term Loans shall bear interest for the period from and including the PIK Conversion Date to, but excluding, the Final Maturity Date or date of exchange for PIK Exchange Securities on the unpaid principal thereof at a rate per annum equal to Adjusted EURIBOR on the PIK Conversion Date and each three-month anniversary thereof plus the Applicable Margin.
(i) If PIK Extension Spread plus the Additional Cost; provided, however, that on any amount of principal date on or after the PIK Conversion Date, the PIK Term Loan of any Loan is not paid when due (without regard to any applicable grace periods)Lender shall, whether at stated maturitythe election of such Lender, by acceleration or otherwise, such amount shall thereafter bear accrue interest at a fluctuating interest fixed rate per annum at all times (the "PIK Fixed Rate") equal to the Default Rate to the fullest extent permitted by applicable Requirements of Law.
(ii) If any amount (other than principal of any Loan Obligation) payable by the Borrowers under any Loan Document is not paid when due (after giving effect to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal in effect for such PIK Term Loan on such date. Interest on the PIK Loans will be paid by causing such interest to the Default Rate be added to the fullest extent permitted by applicable Requirements of Law.
(iii) Upon the request of the Required Lenders, while any Event of Default exists (or automatically while an Event of Default exists under paragraph (f) in Section 7.01), the Borrowers shall pay interest on the principal amount of all outstanding Obligations from such PIK Loan (the"PIK Interest Amount"). If requested by any Lender, the Company shall issue Subsequent Initial Notes or Subsequent Term Notes, as the case may be, in an aggregate principal amount equal to such PIK Interest Amount.
(c) In the event, and after on each occasion, that on the date day prior to the first day of any Interest Period, a market disruption event shall have occurred and be continuing, the Agent shall promptly give telecopy or telephonic notice thereof to the Company and the relevant Lenders of such occurrence. In the event of any such determination, until the Agent shall have advised the Company and the Lenders that the circumstances giving rise to such notice no longer exist, each Borrowing shall, on the last day of the occurrence current Interest Periods therefor bear interest at the rate equal to the aggregate of such Event (i) the applicable Cash Pay Initial Spread or PIK Initial Spread, as the case may be, (ii) the rate notified to the Agent by each affected Lender as soon as practicable, and in any event before interest is due to be paid in respect of Default at that Interest Period, to be that which expresses as a fluctuating interest percentage rate per annum at all times equal the cost to the Default Rate to the fullest extent permitted by applicable law.
that Lender of funding its share in that Loan from whatever source it may reasonably select and (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(d) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein.
(e) Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding by or against any Borrower under any bankruptcy, insolvency, reorganization or similar law.iii)
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