Common use of Late Charge Clause in Contracts

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 8 contracts

Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan Agreement (Atlas Financial Holdings, Inc.), Loan Agreement (Neogen Corp)

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Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower Borrowers shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees Borrowers agree that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 8 contracts

Samples: Promissory Note, Promissory Note (Adcare Health Systems, Inc), Promissory Note (Adcare Health Systems, Inc)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 4 contracts

Samples: Promissory Note, Promissory Note (Adcare Health Systems Inc), Promissory Note (Adcare Health Systems Inc)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower Borrowers shall pay to the Bank a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Each Borrower agrees that the damages to be sustained by the Bank for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 3 contracts

Samples: Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank a "late charge" of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 3 contracts

Samples: Loan Agreement (Birner Dental Management Services Inc), Loan and Security Agreement (Rockwell Medical Technologies Inc), Loan and Security Agreement (Boyd Bros Transportation Inc)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a "late charge" of the greater of: (i) five cents for each whole dollar so overdue or (ii) Twenty-Five Dollars ($25.00) to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 3 contracts

Samples: Revolving Line of Credit Promissory Note (Fortune Industries, Inc.), Promissory Note (Fortune Carter M), Term Loan Note (Fortune Industries, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten five (105) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 2 contracts

Samples: Loan and Security Agreement (Flux Power Holdings, Inc.), Loan and Security Agreement (Chromcraft Revington Inc)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 2 contracts

Samples: Promissory Note (Resource Innovation Office REIT, Inc.), Promissory Note (Textura Corp)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower Xxxxxxxx agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 2 contracts

Samples: Promissory Note, Promissory Note (Industrial Services of America Inc)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of the greater of: (i) five cents for each whole dollar so overdue or (ii) Twenty-Five Dollars ($25.00) to defray part of the cost of collection and handling such late payment. The Borrower Xxxxxxxx agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 2 contracts

Samples: Promissory Note (Fisbeck John F), Term Loan Note (Fortune Industries, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such on the date payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower Debtors shall pay to the Bank Landlord Parties a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees Debtors agree that the damages to be sustained by the Bank holders hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 2 contracts

Samples: Promissory Note (Clearday, Inc.), Promissory Note (Clearday, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower Maker shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower Maker agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty. Notwithstanding the foregoing, this Section 3.4 shall not be applicable to the final principal payment, if any, that is due in full upon the Maturity Date in accordance with Section 3.1(b).

Appears in 1 contract

Samples: Promissory Note (EnerJex Resources, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar three percentage points (3%) of the amount so overdue (the “Late Charge”) to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due Late Charge is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Share and Asset Purchase Agreement (Plasticon International, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower Borrowers shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees Borrowers agree that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Loan and Security Agreement (Hill International, Inc.)

Late Charge. If In the event any payment of interest or principal due hereunder is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a "late charge" of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are is extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Mortgage (Goss Graphic Systems Inc)

Late Charge. If any payment of interest or principal due hereunder is not made within ten fifteen (1015) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five four cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five four cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Promissory Note (Coronus Solar Inc.)

Late Charge. If In the event any payment of interest or principal due hereunder is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a "late charge" of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower Xxxxxxxx agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are is extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is in not a penalty.

Appears in 1 contract

Samples: Mortgage Note (Goss Graphic Systems Inc)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Promissory Note (Industrial Services of America Inc /Fl)

Late Charge. If any payment of interest or principal due hereunder is not made within ten five (105) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower Borrowers shall pay to the Bank Lender a “late charge” of the greater of five cents for each whole dollar so percent (5%) of the amount overdue or $500 to defray part of the cost of collection and handling such late payment. The Borrower agrees Borrowers agree that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of the greater of five cents for each one dollar due percent (5%) of the amount overdue or $500 is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Loan Agreement (Amerinac Holding Corp.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower Borrowers shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Each Borrower agrees that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Loan and Security Agreement (LTN Staffing, LLC)

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Late Charge. If any payment of interest or principal due hereunder is not made within ten five (105) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Promissory Note (Lifeway Foods Inc)

Late Charge. If any payment payments of interest or principal due hereunder or under any Loan Document is not made within ten (10) calendar days after such payment is due in accordance with the terms hereofhereof or thereof, then, in addition to the payment of the amount so due, the Borrower Borrowers shall pay to the Bank Lender a “late charge” of five two (2) cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that Borrowers agree the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five two (2) cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, interest and is not a penalty.

Appears in 1 contract

Samples: Credit Facility, Loan and Security Agreement (Peak Resorts Inc)

Late Charge. If any payment of interest or principal due hereunder (other than payment of principal at maturity) is not made within ten five (105) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower Borrowers shall pay to the Bank a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees Borrowers agree that the damages to be sustained by the Bank for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereofhereof (other than as a result of acceleration or the maturity of the Loans), then, in addition to the payment of the amount so due, the Borrower Borrowers shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Each Borrower agrees that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Loan and Security Agreement (BG Staffing, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten five (105) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Land Lease Inc)

Late Charge. If any payment of interest or principal due hereunder (other than payment of principal at maturity) is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Promissory Note (Inland American Real Estate Trust, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten five (105) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five three cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five three cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Loan and Security Agreement (Polar Power, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after on the date such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower Xxxxxxxx agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Promissory Note (Adcare Health Systems, Inc)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Loan and Security Agreement (Hill International, Inc.)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower Bxxxxxxx agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Revolving Line of Credit Promissory Note (Sun Hydraulics Corp)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower Xxxxxxxx agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Promissory Note (Textura Corp)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) days Business Days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a “late charge” of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank Lender for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Loan Agreement (Ari Network Services Inc /Wi)

Late Charge. If any payment of interest or principal due hereunder is not made within ten (10) five days after such payment is due in accordance with the terms hereof, then, in addition to the payment of the amount so due, the Borrower shall pay to the Bank Lender a "late charge" of five cents for each whole dollar so overdue to defray part of the cost of collection and handling such late payment. The Borrower agrees that the damages to be sustained by the Bank holder hereof for the detriment caused by any late payment are extremely difficult and impractical to ascertain, and that the amount of five cents for each one dollar due is a reasonable estimate of such damages, does not constitute interest, and is not a penalty.

Appears in 1 contract

Samples: Secured Line of Credit Loan Agreement (Surgilight Inc)

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