Late Charges; Default Interest. (a) If a Borrower shall default in the payment of any principal installment of or interest on any Loan, or any amount due under any Letter of Credit, or any other amount becoming due hereunder, a Borrower shall pay to the Agent for the pro rata distribution to the Banks or the Issuing Bank, as applicable, interest, to the extent permitted by law, on such defaulted amount up to the date of actual payment (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of the interest rate otherwise in effect with respect to the type of Loan or Letter of Credit reimbursement in connection with which the required payments have not been made. (b) Upon the occurrence and during the continuation of an Event of Default, the Borrowers shall pay to the Agent, for the pro rata distribution to the Banks, interest on the Aggregate Xxxxxx Outstandings, on all Term Loans and on all Revolving Credit Loans (HAPL)(after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of the interest rate otherwise in effect hereunder.
Appears in 1 contract
Late Charges; Default Interest. (a) If a the Borrower shall default in the payment of any principal installment of or interest on any Loan, or any amount due under any Letter of Credit, Loan or any other amount becoming due hereunder, a the Borrower shall pay to the Agent for the pro rata distribution to the Banks or the Issuing Bank, as applicable, interest, to the extent permitted by law, on such defaulted amount up to the date of actual payment (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to (i) the amount of principal, interest, fees and/or other amounts due (the "Past Due Amount") times (ii) two (2%) percent in excess of the interest rate otherwise in effect with respect to the type of Loan or Letter of Credit reimbursement in connection with which the required payments have not been made, or, if no such interest rate is in effect, two (2%) percent in excess of the Alternate Base Rate, times (ii) the number of days the Past Due Amount is delinquent.
(b) Upon the occurrence and during the continuation of an Event of Default, the Borrowers Borrower shall pay to the Agent, for the pro rata distribution to the Banks, interest on all amounts owing under the Aggregate Xxxxxx Outstandings, on all Term Loans Note and on all Revolving Credit Loans this Agreement (HAPL)(after after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of the interest rate otherwise in effect hereunder.
Appears in 1 contract
Late Charges; Default Interest. (a) If a the Borrower shall default in the payment of any principal installment of or interest on any Loan, or any amount due under any Letter of Credit, Loan or any other amount becoming due hereunder, a the Borrower shall pay to the Agent for the pro rata distribution to the Banks or the Issuing Bank, as applicable, interest, to the extent permitted by law, on such defaulted amount up to the date of actual payment (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of the higher of (i) the Alternate Base Rate or (ii) the interest rate otherwise in effect with respect to the type of Loan or Letter of Credit reimbursement in connection with which the required payments have not been madeeffect.
(b) Upon the occurrence and during the continuation of an Event of Default, the Borrowers Borrower shall pay to the Agent, for the pro rata distribution to the Banks, interest on all amounts owing under the Aggregate Xxxxxx Outstandings, on all Term Loans Notes and on all Revolving Credit Loans this Agreement (HAPL)(after after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of the higher of (i) the Alternate Base Rate or (ii) the interest rate otherwise in effect hereundereffect.
Appears in 1 contract
Late Charges; Default Interest. (a) If a the Borrower shall default in the payment of any principal installment of or interest on any Loan, or any amount due under any Letter of Credit, Loan or any other amount becoming due hereunder, a the Borrower shall pay to the Agent for the pro rata distribution to the Banks or the Issuing Bank, as applicable, interest, to the extent permitted by law, on such defaulted amount up to the date of actual payment (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to (i) the amount of principal, interest, fees and/or other amounts due (the "Past Due Amount") TIMES (ii) two (2%) percent in excess of the interest rate otherwise in effect with respect to the type of Loan or Letter of Credit reimbursement in connection with which the required payments have not been made, or, if no such interest rate is in effect, two (2%) percent in excess of the Alternate Base Rate plus the Applicable Margin for Alternate Base Rate Loans, TIMES (iii) the number of days the Past Due Amount is delinquent.
(b) Upon the occurrence and during the continuation of an Event of Default, the Borrowers shall Borrower shall, at the demand of the Administrative Agent and the Required Lenders, pay to the Agent, for the pro rata distribution to the Banks, interest on all amounts owing under the Aggregate Xxxxxx Outstandings, on all Term Loans Notes and on all Revolving Credit Loans this Agreement (HAPL)(after after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of the interest rate otherwise in effect hereunder, subject to the provisions of Section 2.02(c)(1) of this Agreement.
Appears in 1 contract
Late Charges; Default Interest. (a) If a the Borrower shall default in the payment of any principal installment of or interest on any Loan, or any amount due under in respect of any Letter of Credit, or any other amount becoming due hereunder, a the Borrower shall pay to the Agent for the pro rata distribution to the Banks or the Issuing Bank, as applicable, interest, to the extent permitted by law, on such defaulted amount up to the date of actual payment (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of plus the interest rate otherwise which would then be in effect with respect to an Alternate Base Rate Loan made hereunder at the type of Loan or Letter of Credit reimbursement in connection with which the time such required payments have were not been made.
(b) Upon the occurrence and during the continuation of an Event of Default, the Borrowers Borrower shall pay to the Agent, for the pro rata distribution to the Banks, interest on the Aggregate Xxxxxx Outstandings, on all Term Revolving Credit Loans and on all Revolving Credit Loans amounts described in clauses (HAPL)(after ii) and (iii) of the definition of L/C Exposure (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of plus the interest rate otherwise which would then be in effect hereunderwith respect to Alternate Base Rate Loans.
Appears in 1 contract
Late Charges; Default Interest. (a) If a the Borrower shall default in the payment of any principal installment of or interest on any Loan, or any amount due under any Letter of Credit, Loan or any other amount becoming due hereunder, a the Borrower shall pay to the Agent for the pro rata distribution to the Banks or the Issuing Bank, as applicable, interest, to the extent permitted by law, on such defaulted amount up to the date of actual payment (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to (i) the amount of principal, interest, fees and/or other amounts due (the "Past Due Amount") TIMES (ii) two (2%) percent in excess of the interest rate otherwise in effect with respect to the type of Loan or Letter of Credit reimbursement in connection with which the required payments have not been made, or, if no such interest rate is in effect, two (2%) percent in excess of the Alternate Base Rate plus the Applicable Margin for Alternate Base Rate Loans, TIMES (ii) the number of days the Past Due Amount is delinquent.
(b) Upon the occurrence and during the continuation of an Event of Default, the Borrowers shall Borrower shall, at the demand of the Agent and the Required Lenders, pay to the Agent, for the pro rata distribution to the Banks, interest on all amounts owing under the Aggregate Xxxxxx Outstandings, on all Term Loans Notes and on all Revolving Credit Loans this Agreement (HAPL)(after after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of the interest rate otherwise in effect hereunder.
Appears in 1 contract
Late Charges; Default Interest. (a) If a the Borrower shall default in the payment of any principal installment of or interest on any Loan, or any amount due under in respect of any Letter of Credit, or any other amount becoming due hereunder, a the Borrower shall pay to the Agent for the pro rata distribution to the Banks or the Issuing Bank, as applicable, interest, to the extent permitted by law, on such defaulted amount up to the date of actual payment (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of plus the interest rate otherwise which would then be in effect with respect to a Prime Rate Loan made hereunder at the type of Loan or Letter of Credit reimbursement in connection with which the time such required payments have were not been made.
(b) Upon the occurrence and during the continuation of an Event of Default, the Borrowers Borrower shall pay to the Agent, for the pro rata distribution to the Banks, interest on the Aggregate Xxxxxx Outstandings, on all Term Revolving Credit Loans and on all Revolving Credit Loans amounts described in clauses (HAPL)(after ii) and (iii) of the definition of L/C Exposure (after as well as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to two (2%) percent in excess of plus the interest rate otherwise which would then be in effect hereunderwith respect to Prime Rate Loans.
Appears in 1 contract