Common use of MOS Clause in Contracts

MOS. Premium Remaining (Years) Factor --------- ------- ------ 120 - 109 (10) .074 108 - 97 ( 9) .068 96 - 85 ( 8) .063 84 - 73 ( 7) .057 72 - 61 ( 6) .051 60 - 49 ( 5) .044 48 - 37 ( 4) .037 36 - 25 ( 3) .030 24 - 13 ( 2) .022 12 - 1 ( 1) .014 If the Federal Reserve Board ceases to publish Statistical Release H.15 [519], then the decrease in the weekly average yield of ten (10)-year U.S. Treasury Notes will be determined from another source designated by METLIFE. Prepayment prior to the fifth (5th) anniversary of the due date of the first monthly principal and interest payment due under this Note will not be permitted. If METLIFE at any time accelerates this Note after an Event of Default (defined below), then BORROWER shall be obligated to pay the Prepayment Premium in accordance with the foregoing schedule. The Prepayment Premium shall not be payable with respect to condemnation awards or insurance proceeds from fire or other casualty which METLIFE applies to prepayment, nor with respect to XXXXXXXX's prepayment of the Note in full during the last three (3) months of the term of this Note unless an Event of Default has occurred. BORROWER expressly acknowledges that such Prepayment Premium is not a penalty but is intended solely to compensate METLIFE for the loss of its bargain and the reimbursement of internal expenses and administrative fees and expenses incurred by METLIFE. BORROWER shall be liable on this Note and on all the representations, warranties, indemnities and covenants in the Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing ("Mortgage") covering the property (the "Property") securing this Note and all other documents executed or delivered in connection herewith (the "Loan Documents").

Appears in 1 contract

Samples: Jevic Transportation Inc

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MOS. Premium Remaining (Years) Factor --------- ------- ------ 180 - 169 (15) .073 168 - 157 (14) .069 156 - 145 (13) .064 144 - 133 (12) .059 132 - 121 (11) .054 120 - 109 (10) .074 .049 108 - 97 ( 9) .068 .044 96 - 85 ( 8) .063 .039 84 - 73 ( 7) .057 .035 72 - 61 ( 6) .051 .030 60 - 49 ( 5) .044 .025 48 - 37 ( 4) .037 .020 36 - 25 ( 3) .030 .015 24 - 13 ( 2) .022 .010 12 - 1 ( 1) .014 .005 If the Federal Reserve Board ceases to publish Statistical Release STATISTICAL RELEASE H.15 [519], then the decrease in the weekly average yield of ten (10)-year U.S. Treasury Notes Constant Maturities will be determined from another source designated by METLIFE. Prepayment prior to the fifth (5th) anniversary of the due date of the first monthly principal and interest payment due under this Note will not be permitted. If METLIFE at any time accelerates this Note after an Event of Default (defined below), then BORROWER shall be obligated to pay the Prepayment Premium in accordance with the foregoing schedule. The Prepayment Premium shall not be payable with respect to condemnation awards or insurance proceeds from fire or other casualty which METLIFE applies to prepayment, nor with respect to XXXXXXXX's prepayment BORRXXXX'x xrepayment of the Note in full during the last three (3) months of the term of this Note unless an Event of Default has occurred. BORROWER expressly acknowledges that such Prepayment Premium is not a penalty but is intended solely to compensate METLIFE for the loss of its bargain and the reimbursement of internal expenses and administrative fees and expenses incurred by METLIFE. BORROWER shall be liable on this Note and on all the representations, warranties, indemnities and covenants in the Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing ("Mortgage") covering the property (the "Property") securing this Note and shall be liable on all other documents executed or delivered in connection herewith (the "Loan Documents").. Each of the following shall constitute an Event of Default ("Event of Default") hereunder and under the Mortgage:

Appears in 1 contract

Samples: Uno Restaurant Corp

MOS. Premium Remaining (Years) Factor --------- --------- ------- ------ 120 - 109 (10) .074 108 - 97 ( 9) .068 96 - 85 ( 8) .063 .039 84 - 73 ( 7) .057 .035 72 - 61 ( 6) .051 .030 60 - 49 ( 5) .044 .025 48 - 37 ( 4) .037 .020 36 - 25 ( 3) .030 .015 24 - 13 ( 2) .022 .010 12 - 1 ( 1) .014 .005 If the Federal Reserve Board ceases to publish Statistical Release H.15 [519], ------------------------------ then the decrease in the weekly average yield of ten (10)-year U.S. Treasury Notes Constant Maturities will be determined from another source designated by METLIFE. Prepayment Voluntary prepayment prior to the fifth (5th) anniversary of the due date of the first monthly principal and interest payment due under this Note will not be permitted. permitted only in the event of a sale of the Property (as hereinafter defined) to a bona-fide third party and only upon payment of the Prepayment Premium set forth above If METLIFE at any time accelerates this Note after an Event of Default (defined below), then BORROWER shall be obligated to pay the Prepayment Premium in accordance with the foregoing schedule. The Prepayment Premium shall not be payable with respect to condemnation awards or insurance proceeds from fire or other casualty which METLIFE applies to prepayment, nor with respect to XXXXXXXX's prepayment of the Note in full during the last three (3) months of the term of this Note unless an Event of Default has occurred. BORROWER expressly acknowledges that such Prepayment Premium is not a penalty but is intended solely to compensate METLIFE for the loss of its bargain and the reimbursement of internal expenses and administrative fees and expenses incurred by METLIFE. This Note has been guaranteed by Presstar Printing Corporation, a Maryland corporation ("Guarantor") pursuant to a Guaranty Agreement ("Guaranty")of even date herewith, which is secured by a certain Indemnity Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing ("Deed of Trust") of even date herewith from Guarantor to METLIFE covering certain real property in Xxxxxxxxxx County, Maryland, described therein (the "Property"). (The Guaranty, this Note, the Deed of Trust, and all other documents executed or delivered by BORROWER or Guarantor in connection herewith are hereinafter referred to herein as the "Loan Documents"). BORROWER shall be liable on this Note and on all the representations, warranties, indemnities and covenants in the Mortgage, Security Agreement, Assignment Loan Documents. Each of Leases and Rents and Fixture Filing the following shall constitute an Event of Default ("MortgageEvent of Default") covering hereunder and under the property (the "Property") securing this Note and all other documents Deed of Trust executed or delivered in connection herewith (the "Loan Documents").contemporaneously herewith:

Appears in 1 contract

Samples: Graphic Industries Inc

MOS. Premium Remaining (Years) Factor --------- ------- ------ 120 - 180-169 (15) .073 168-157 (14) .069 156-145 (13) .064 144-133 (12) .059 132-121 (11) .054 120-109 (10) .074 108 - .049 108- 97 ( 9) .068 96 - .044 96- 85 ( 8) .063 84 - .039 84- 73 ( 7) .057 72 - .035 72- 61 ( 6) .051 60 - .030 60- 49 ( 5) .044 48 - .025 48- 37 ( 4) .037 36 - .020 36- 25 ( 3) .030 24 - .015 24- 13 ( 2) .022 12 - .010 12- 1 ( 1) .014 .005 If the Federal Reserve Board ceases to publish Statistical Release H.15 [519], then the decrease in the weekly average yield of ten (10)-year U.S. Treasury Notes Constant Maturities will be determined from another source designated by METLIFEHolder. Prepayment prior to the fifth (5th) anniversary of the due date of the first monthly principal and interest payment due under this Note will not be permitted. If METLIFE Holder at any time accelerates this Note after an Event of Default (defined below), then BORROWER shall be obligated to pay the Prepayment Premium in accordance with the foregoing schedule. The Prepayment Premium shall not be payable with respect to condemnation awards or insurance proceeds from fire or other casualty which METLIFE Holder applies to prepayment, nor with respect to XXXXXXXX's prepayment BORRXXXX'x xrepayment of the Note in full during the last three (3) months of the term of this Note unless an Event of Default has occurred. BORROWER expressly acknowledges that such Prepayment Premium is not a penalty but is intended solely to compensate METLIFE Holder for the loss of its bargain and the reimbursement of internal expenses and administrative fees and expenses incurred by METLIFEHoldxx. Subject to the exceptions described below, Holder shall not seek any deficiency judgment against BORROWER, it being understood and agreed that BORROWER shall be liable on not have any personal liability for the payment of the indebtedness evidenced by the loan documents executed or delivered in connection with this Note (the "Loan Documents"), and on all such indebtedness shall be considered limited recourse to the representationsBORROWER. The foregoing notwithstanding, warrantiesHolder shall have full recourse against BORROWER for the full payment of (i) any Prepayment Premium due under this Note; (ii) taxes, indemnities insurance premiums, and covenants other amounts advanced by Holder to protect the collateral described in the Mortgage, Security Agreement, and Assignment of Leases and Rents and Fixture Filing ("Mortgage") covering the property (the "Property") securing this Note and all other documents executed or delivered in connection herewith (the "Loan Documents").this

Appears in 1 contract

Samples: Michael Anthony Jewelers Inc

MOS. Premium Remaining (Years) Factor --------- ------- ------ 180 - 169 (15) .073 168 - 157 (14) .069 156 - 145 (13) .064 144 - 133 (12) .059 132 - 121 (11) .054 120 - 109 (10) .074 .049 108 - 97 ( 9) .068 .044 96 - 85 ( 8) .063 .039 84 - 73 ( 7) .057 .035 72 - 61 ( 6) .051 .030 60 - 49 ( 5) .044 .025 48 - 37 ( 4) .037 .020 36 - 25 ( 3) .030 .015 24 - 13 ( 2) .022 .010 12 - 1 ( 1) .014 .005 If the Federal Reserve Board ceases to publish Statistical Release H.15 [519], then the decrease in the weekly average yield of ten (10)-year U.S. Treasury Notes Constant Maturities will be determined from another source designated by METLIFE. Prepayment prior to the fifth (5th) anniversary of the due date of the first monthly principal and interest payment due under this Note will not be permitted. If METLIFE at any time accelerates this Note after an Event of Default (defined below), then BORROWER shall be obligated to pay the Prepayment Premium in accordance with the foregoing schedule. The Prepayment Premium shall not be payable with respect to condemnation awards or insurance proceeds from fire or other casualty which METLIFE applies to prepayment, nor with respect to XXXXXXXX's prepayment BORRXXXX'x xrepayment of the Note in full during the last three (3) months of the term of this Note unless an Event of Default has occurred. BORROWER expressly acknowledges that such Prepayment Premium is not a penalty but is intended solely to compensate METLIFE for the loss of its bargain and the reimbursement of internal expenses and administrative fees and expenses incurred by METLIFE. BORROWER shall be liable on this Note and on all the representations, warranties, indemnities and covenants in the MortgageDeed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing ("MortgageDeed of Trust") covering the property (the "Property") securing this Note and all other documents executed or delivered in connection herewith (the "Loan Documents").. Each of the following shall constitute an Event of Default ("Event of Default") hereunder and under the Deed of Trust:

Appears in 1 contract

Samples: Uno Restaurant Corp

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MOS. Premium Remaining (Years) Factor --------- --------- ------- ------ 180 - 169 (15) .073 168 - 157 (14) .069 156 - 145 (13) .064 144 - 133 (12) .059 132 - 121 (11) .054 120 - 109 (10) .074 .049 108 - 97 ( 9) .068 .044 96 - 85 ( 8) .063 .039 84 - 73 ( 7) .057 .035 72 - 61 ( 6) .051 .030 60 - 49 ( 5) .044 .025 48 - 37 ( 4) .037 .020 36 - 25 ( 3) .030 .015 24 - 13 ( 2) .022 .010 12 - 1 ( 1) .014 .005 If the Federal Reserve Board ceases to publish Statistical Release H.15 [519], ------------------------------- then the decrease in the weekly average yield of ten (10)-year U.S. Treasury Notes Constant Maturities will be determined from another source designated by METLIFE. Prepayment Voluntary prepayment prior to the fifth (5th) anniversary of the due date of the first monthly principal and interest payment due under this Note will not be permittedpermitted only in the event of a sale of the Property (as hereinafter defined) to a bona-fide third party and only upon payment of the Prepayment Premium set forth above. If METLIFE at any time accelerates this Note after an Event of Default (defined below), then BORROWER shall be obligated to pay the Prepayment Premium in accordance with the foregoing schedule. The Prepayment Premium shall not be payable with respect to condemnation awards or insurance proceeds from fire or other casualty which METLIFE applies to prepayment, nor with respect to XXXXXXXX's prepayment of the Note in full during the last three (3) months of the term of this Note unless an Event of Default has occurred. BORROWER expressly acknowledges that such Prepayment Premium is not a penalty but is intended solely to compensate METLIFE for the loss of its bargain and the reimbursement of internal expenses and administrative fees and expenses incurred by METLIFE. BORROWER shall be liable on this Note and on all the representations, warranties, indemnities and covenants in the MortgageDeed to Secure Debt, Security Agreement, and Assignment of Leases and Rents and Fixture Filing ("MortgageDeed to Secure Debt") covering the property (the "Property") securing this Note and all other documents executed or delivered in connection herewith (the "Loan Documents").. Each of the following shall constitute an Event of Default ("Event of Default") hereunder and under the Deed to Secure Debt executed contemporaneously herewith:

Appears in 1 contract

Samples: Security Agreement (Graphic Industries Inc)

MOS. Premium Remaining (Years) Factor --------- ------- ------ 120 - 109 (10) .074 108 - 97 ( 9) .068 96 - 85 ( 8) .063 84 - 73 ( 7) .057 72 - 61 ( 6) .051 ------- 60 - 49 ( 5) .044 .042 48 - 37 ( 4) .037 .036 36 - 25 ( 3) .030 .029 24 - 13 ( 2) .022 12 - 1 ( 1) .014 .013 If the Federal Reserve Board ceases to publish Statistical Release H.15 [519], then the decrease in the weekly average yield of ten five (10)-year 5)-year U.S. Treasury Notes Constant Maturities will be determined from another source designated by METLIFE. Prepayment prior to the fifth second (5th2nd) anniversary of the due date of the first monthly principal and interest payment due under this Note will not be permitted. If METLIFE at any time accelerates this Note after an Event of Default (defined below), then BORROWER shall be obligated to pay the Prepayment Premium in accordance with the foregoing schedule. The Prepayment Premium shall not be payable with respect to condemnation awards or insurance proceeds from fire or other casualty which METLIFE applies to prepayment, nor with respect to XXXXXXXX's prepayment of the Note in full during the last three (3) months of the term of this Note unless an Event of Default has occurred. BORROWER expressly acknowledges that such Prepayment Premium is not a penalty but is intended solely to compensate METLIFE for the loss of its bargain and the reimbursement of internal expenses and administrative fees and expenses incurred by METLIFE. BORROWER shall be liable on this Note and on all the representations, warranties, indemnities and covenants in the MortgageDeed of Trust, Security Agreement, Assignment of Leases and Rents Rents, and Fixture Filing ("Mortgage"ADeed of Trust@) covering the property (the "Property") securing this Note and all other documents executed or delivered in connection herewith (the "Loan Documents").. Each of the following shall constitute an Event of Default ("Event of Default") hereunder and under the Deed of Trust:

Appears in 1 contract

Samples: Nations Flooring Inc

MOS. Premium Remaining (Years) Factor --------- ------- ------ ------- 180 - 169 (15) .073 168 - 157 (14) .069 156 - 145 (13) .064 144 - 133 (12) .059 132 - 121 (11) .054 120 - 109 (10) .074 .049 108 - 97 ( 9) .068 .044 96 - 85 ( 8) .063 .039 84 - 73 ( 7) .057 .035 72 - 61 ( 6) .051 .030 60 - 49 ( 5) .044 .025 48 - 37 ( 4) .037 .020 36 - 25 ( 3) .030 .015 24 - 13 ( 2) .022 .010 12 - 1 ( 1) .014 .005 If the Federal Reserve Board ceases to publish Statistical Release H.15 [519], ----------------------------- then the decrease in the weekly average yield of ten (10)-year U.S. Treasury Notes will be determined from another source designated by METLIFE. Prepayment Voluntary prepayment prior to the fifth (5th) anniversary of the due date of the first monthly principal and interest payment due under this Note will not be permitted. permitted only in the event of a sale of the Property (as hereinafter defined) to a bona- fide third party and only upon payment of the Prepayment Premium set forth above If METLIFE at any time accelerates this Note after an Event of Default (defined below), then BORROWER shall be obligated to pay the Prepayment Premium in accordance with the foregoing schedule. The Prepayment Premium shall not be payable with respect to condemnation awards or insurance proceeds from fire or other casualty which METLIFE applies to prepayment, nor with respect to XXXXXXXX's prepayment of the Note in full during the last three twelve (312) months of the term of this Note unless an Event of Default has occurred. BORROWER expressly acknowledges that such Prepayment Premium is not a penalty but is intended solely to compensate METLIFE for the loss of its bargain and the reimbursement of internal expenses and administrative fees and expenses incurred by METLIFE. BORROWER shall be liable on this Note and on all the representations, warranties, indemnities and covenants in the Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing ("Mortgage") covering the property (the "Property") securing this Note and all other documents executed or delivered in connection herewith (the "Loan Documents").. Each of the following shall constitute an Event of Default ("Event of Default") hereunder and under the Mortgage executed contemporaneously herewith:

Appears in 1 contract

Samples: Security Agreement (Graphic Industries Inc)

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