Common use of Late Fee; Default Rate Clause in Contracts

Late Fee; Default Rate. If any payment is not made within ten (10) days after the date such payment is due, at Bank’s election, Borrower shall pay Bank a late fee equal to the lesser of (i) three percent (3%) of the amount of such unpaid amount or (ii) the maximum amount permitted to be charged under applicable law. At Bank’s election, all Obligations shall bear interest, from and after the occurrence and during the continuance of an Event of Default, at a rate equal to three (3) percentage points above the interest rate applicable immediately prior to the occurrence of the Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)

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Late Fee; Default Rate. If any payment is not made within ten (10) 15 days after the date such payment is due, at Bank’s election, Borrower shall pay Bank a late fee equal to the lesser of (i) three percent (3%) 5% of the amount of such unpaid amount or (ii) the maximum amount permitted to be charged under applicable law. At Bank’s election, all Obligations shall bear interest, from and after the occurrence and during the continuance of an Event of Default, at a rate equal to three (3) 5 percentage points above the interest rate applicable immediately prior to the occurrence of the Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Evelo Biosciences, Inc.), Loan and Security Agreement (Evelo Biosciences, Inc.), Loan and Security Agreement (Evelo Biosciences, Inc.)

Late Fee; Default Rate. If any payment is not made within ten (10) days after the date such payment is due, at Bank’s election, Borrower Borrowers shall pay Bank a late fee equal to the lesser of (i) three five percent (35%) of the amount of such unpaid amount or (ii) the maximum amount permitted to be charged under applicable law, not in any case to be less than $25.00. At Bank’s election, all Obligations shall bear interest, from and after the occurrence and during the continuance of an Event of Default, at a rate equal to three five (35) percentage points above the interest rate applicable immediately prior to the occurrence of the Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Uni-Pixel), Loan and Security Agreement (Uni-Pixel)

Late Fee; Default Rate. If any payment is not made within ten (10) days after the date such payment is due, at Bank’s election, Borrower shall pay Bank a late fee equal to the lesser of (i) three percent (3%) of the amount of such unpaid amount or (ii) the maximum amount permitted to be charged under applicable law. At Bank’s 's election, all Obligations shall bear interest, from and after the occurrence and during the continuance of an Event of Default, at a rate equal to three five (35) percentage points above the interest rate applicable immediately prior to the occurrence of the Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (IsoPlexis Corp), Loan and Security Agreement (PhenomeX Inc.)

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Late Fee; Default Rate. If At Bank’s election, if any payment is not made within ten (10) 15 days after the date such payment is due, at Bank’s election, Borrower shall pay Bank a late fee equal to the lesser of (i) three percent (3%) 5% of the amount of such unpaid amount or (ii) the maximum amount permitted to be charged under applicable law. At Bank’s election, all All Obligations shall bear interest, from and after the occurrence and during the continuance of an Event of Default, at a rate equal to three (3) 5 percentage points above the interest rate applicable immediately prior to the occurrence of the Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Otonomy, Inc.)

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