Late Payments; Default Rate. If the Borrower fails to make any payment of principal, interest or other amount coming due pursuant to the provisions of this Note within fifteen (15) calendar days of the date due and payable, the Borrower also shall pay to the Lender a late charge equal to the lesser of five percent (5.0%)of the amount of such payment or Fifty Dollars ($50.00). Such fifteen (15)day period shall not be construed in any way to extend the due date of any such payment. The late charge is imposed for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments and is in addition to, and not in lieu of, the exercise by the Lender of any rights and remedies hereunder, under the other Loan Documents or under applicable laws, and any fees and expenses of any agents or attorneys which the Lender may employ. Upon maturity, whether by acceleration, demand or otherwise, and at the option of the Lender upon the occurrence of any Event of Default (as hereinafter defined)and during the continuance thereof, this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed)which shall be four percentage points (4.0%) in excess of the interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate"). The Default Rate shall continue to apply whether or not judgment shall be entered on this Note.
Appears in 1 contract
Late Payments; Default Rate. If the Borrower fails to make any payment of principal, principal when due or any payment of interest or other amount coming due pursuant to the provisions of this Note within fifteen five (155) calendar business days of the date due and payable, the Borrower also shall pay to the Lender Bank a late charge equal to the lesser of five percent (5.0%)of 5%) of the amount of such payment or Fifty Dollars ($50.00)500. Such fifteen five (15)day 5) day period shall not be construed in any way to extend the due date of any such payment. The late charge is imposed for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments and is in addition to, and not in lieu of, the exercise by the Lender Bank of any rights and remedies hereunder, under the other Loan Documents or under applicable lawslaw, and any fees and expenses of any agents or attorneys which the Lender Bank may employ. Upon maturity, whether by acceleration, demand or otherwise, and at the option of the Lender Bank upon the occurrence of any Event of Default (as hereinafter defined)and and during the continuance thereof, this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed)which elapsed) which shall be four two percentage points (4.02%) in excess of the interest rate in effect from time to time under this Note Note, but not more than the maximum rate allowed by law (the "Default DEFAULT Rate"). The Default Rate shall continue to apply whether or not judgment shall be entered on this Note.
Appears in 1 contract
Samples: Bridge Loan Note (Careerbuilder Inc)
Late Payments; Default Rate. If the Borrower fails to make any payment of principal, interest or other amount coming due pursuant to the provisions of this Note within fifteen ten (1510) calendar days of the date due and payable, the Borrower also shall pay to the Lender Bank a late charge equal to the lesser of five percent (5.0%)of 5.00%) of the amount of such payment or Fifty Dollars ($50.00)500. Such fifteen ten (15)day 10) day period shall not be construed in any way to extend the due date of any such payment. The late charge is imposed for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments and is in addition to, and not in lieu of, the exercise by the Lender Bank of any rights and remedies hereunder, under the other Loan Documents or under applicable laws, and any fees and expenses of any agents or attorneys which the Lender Bank may employ. Upon maturity, whether by acceleration, demand or otherwise, and at the option of the Lender Bank upon the occurrence of any Event of Default (as hereinafter defined)and defined) and during the continuance thereof, this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed)which elapsed) which shall be four three percentage points (4.03.00%) in excess of the interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate"). The Default Rate shall continue to apply whether or not judgment shall be entered on this Note.
Appears in 1 contract
Late Payments; Default Rate. If the Borrower fails falls to make any payment of principal, interest or other amount coming due pursuant to the provisions of this Note within fifteen (15) calendar days of the date due and payable, the Borrower also shall pay to the Lender a late charge equal to the lesser of five percent (5.0%)of 5.0%) of the amount of such payment or Fifty Dollars ($50.00). Such fifteen (15)day period shall not be construed in any way to extend the due date of any such payment. The late charge is imposed for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments and is in addition to, and not in lieu of, the exercise by the Lender of any rights and remedies hereunder, under the other Loan Documents or under applicable laws, and any fees and expenses of any agents or attorneys which the Lender may employ. Upon maturity, whether by acceleration, demand or otherwise, and at the option of the Lender upon the occurrence of any Event of Default (as hereinafter defined)and during the continuance thereof, this Note shall bear interest at a rate per annum the Default Rate (as defined in the Loan Documents), based on a year of 360 days and actual days elapsed)which shall be four percentage points (4.0%) in excess of the interest rate in effect from time to time under this Note elapsed, but not more than the maximum rate allowed by law (the "Default Rate"). The Default Rate shall continue to apply whether or not judgment shall be entered on this Note.
Appears in 1 contract
Late Payments; Default Rate. If the Borrower fails to make any payment of principal, interest or other amount coming due pursuant to the provisions of this Note within fifteen ten (1510) calendar days of the date due and payable, the Borrower also shall pay to the Lender Bank a late charge equal to the lesser of five ten percent (5.0%)of 10%) of the amount of such payment or Fifty Dollars ($50.00)payment. Such fifteen (15)day ten day period shall not be construed in any way to extend the due date of any such payment. The late charge is imposed for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments and is in addition to, and not in lieu of, the exercise by the Lender Bank of any rights and remedies hereunder, under the other Loan Documents or under applicable laws, and any fees and expenses of any agents or attorneys which the Lender Bank may employ. Upon maturity, whether by acceleration, demand or otherwise, and at the option of the Lender Bank upon the occurrence of any Event of Default (as hereinafter defined)and defined) and during the continuance thereof, this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed)which elapsed) which shall be four two percentage points (4.02%) in excess of the interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate"). The Default Rate shall continue to apply whether or not judgment shall be entered on this Note.
Appears in 1 contract
Samples: Convertible Line of Credit Note (Numerex Corp /Pa/)
Late Payments; Default Rate. If the Borrower fails to make any payment of principal, principal when due or any payment of interest or other amount coming due pursuant to the provisions of this Note within fifteen five (155) calendar business days of the date due and payable, the Borrower also shall pay to the Lender Bank a late charge equal to the lesser of five percent (5.0%)of 5%) of the amount of such payment or Fifty Dollars ($50.00)500. Such fifteen five (15)day 5) business day period shall not be construed in any way to extend the due date of any such payment. The late charge is imposed for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments and is in addition to, and not in lieu of, the exercise by the Lender Bank of any rights and remedies hereunder, under the other Loan Documents or under applicable lawslaw, and any reasonable fees and expenses of any agents or attorneys which the Lender Bank may employ. Upon maturity, whether by acceleration, demand or otherwise, and at At the option of the Lender Bank upon the occurrence of any Event of Default (as hereinafter defined)and defined in the Loan Agreement) and during the continuance thereof, this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed)which elapsed) which shall be four two percentage points (4.02%) in excess of the interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default RateDEFAULT RATE"). The Default Rate shall continue to apply whether or not judgment shall be entered on this NoteNote until all such Events of Default have been cured.
Appears in 1 contract
Samples: Line of Credit Note (Informax Inc)