Common use of Payment Terms and Default Interest Clause in Contracts

Payment Terms and Default Interest. 4.4.1. The Borrower shall pay to the Agent in accordance with applicable provisions of this Agreement to its account with Citibank N.A. in New York or as otherwise designated by the Agent, all sums (such as principal, interests or fees) which it is required to pay by this Agreement or related documents, in immediately available funds and in US Dollars before 12:00 noon time (Taipei time) on the due date. 4.4.2. If the Borrower makes payment in a currency other than the currency required hereunder (“Payment Currency”), the payment or repayment so made will not relieve the Borrower of its liability unless such other currency has been fully converted into the Payment Currency and have been remitted to the account or place designated by the Agent. The Borrower shall assume all the relevant foreign exchange risk in this respect. The Borrower shall also be responsible for securing in a timely fashion all approvals (including foreign exchange approvals) necessary for making all relevant payments in the Payment Currency, and shall make no defense based on its default on payment pursuant to the Agreement due to its failure to obtain the relevant approvals. 4.4.3. Any sum payable hereunder may be paid on the next Business Day if the due date thereof is not a Business Day, unless such Business Day falls in another calendar month, in which case the payment shall be made on the Business Day immediately preceding the due day. 4.4.4. If any of the payments required under this Agreement is not paid when due, the Borrower shall immediate cure such nonpayment pursuant to the Agreement, and pay interests thereon to the Banks and/or the Agent at the Default Rate, calculated on the basis of a 360-day year and the actual number of days elapsed, for the period from the due date to the date of actual receipt by the Banks and/or the Agent of such payment. If any such nonpayment pertains to interest payments, a penalty equal to 10% of the overdue nonpayment shall be levied against the Borrower for the first 6 months, and a penalty equal to 20% of the overdue amount shall be levied against the Borrower if such nonpayment remains outstanding for more than six months. 4.4.5. All payments to the Banks from the Borrower under this Agreement shall be paid to the Agent for its distribution to the Banks. Payments made directly to the Banks by the Borrower will not relieve Borrower of its obligations under the Agreement. Save for payments payable solely to the Arrangers or the Agent, the Agent shall, upon its receipt from the Borrower of payments due to the Banks, distribute and forward such payments to each Bank for repayment. Each Bank, the Arrangers and the Agent shall issue and deliver a receipt directly to the Borrower for payment received.

Payment Terms and Default Interest. 4.4.1. The Borrower shall pay to the Agent in accordance with applicable provisions of this Agreement to its account with Citibank N.A. in New York or as otherwise designated by the AgentAgreement, all sums (such as principal, interests or fees) which it is required to pay by this Agreement or related documents, in immediately available funds and in US NT Dollars before 12:00 noon time 1:00 pm (Taipei time) on the due date. 4.4.2. If the Borrower makes payment in a currency other than the currency required hereunder (“Payment Currency”), the payment or repayment so made will not relieve the Borrower of its liability unless such other currency has been fully converted into the Payment Currency and have been remitted to the account or place designated by the Agent. The Borrower shall assume all the relevant foreign exchange risk in this respect. The Borrower shall also be responsible for securing in a timely fashion all approvals (including foreign exchange approvals) necessary for making all relevant payments in the Payment Currency, and shall make no defense based on its default on payment pursuant to the Agreement due to its failure to obtain the relevant approvals. 4.4.3. Any sum payable hereunder may be paid on the next Business Day if the due date thereof is not a Business Day, unless such Business Day falls in another calendar month, in which case the payment shall be made on the Business Day 11 immediately preceding the due day. 4.4.44.4.3. If any of the payments required under this Agreement is not paid when due, the Borrower shall immediate cure such nonpayment pursuant to the Agreement, and pay interests thereon to the Banks and/or the Agent at the Default Rate, calculated on the basis of a 360365-day year and the actual number of days elapsed, for the period from the due date to the date of actual receipt by the Banks and/or the Agent of such payment. If any such nonpayment pertains to interest payments, a penalty equal to 10% of the overdue nonpayment shall be levied against the Borrower for the first 6 months, and a penalty equal to 20% of the overdue amount shall be levied against the Borrower if such nonpayment remains outstanding for more than six months. 4.4.54.4.4. All payments to the Banks from the Borrower under this Agreement shall be paid to the Agent for its distribution to the Banks. Payments made directly to the Banks by the Borrower will not relieve Borrower of its obligations under the Agreement. Save for payments payable solely to the Arrangers or the Agent, the Agent shall, upon its receipt from the Borrower of payments due to the Banks, distribute and forward such payments to each Bank for repayment. Each Bank, the Arrangers and the Agent shall issue and deliver a receipt directly to the Borrower for payment received. 4.5.

Payment Terms and Default Interest. 4.4.1. The Borrower Borrower/Guarantor shall pay to the Agent in accordance with applicable provisions of this Agreement to its such location or account with Citibank N.A. in New York or as otherwise designated by the Agent, Agent all sums (such as principal, interests or fees) which it is required to pay by this Agreement or related documents, in immediately available funds and in US NT Dollars before 12:00 noon Taipei time (Taipei time) on the maturity or due datedate in accordance with applicable provisions of this Agreement. Any calculated interest rate or fee rate under this Agreement shall be rounded to four decimal places with rounding up if the fifth decimal place is 5 or more, and any amount of interest or fee shall be rounded to the nearest whole NT Dollar. 4.4.2. If the Borrower Borrower/Guarantor makes any payment in a currency other than that the currency required hereunder (“Payment Currency”)specified herein, such repayment shall not be deemed effectively made under this Agreement, and the payment or Borrower/Guarantor will still be subject to relevant repayment so made will not relieve obligation and exchange risk, unless all of the Borrower of its liability unless such other currency amount paid has been fully converted into the Payment Currency currency specified herein and have been remitted paid to the account or place location designated by the Agent. The Borrower Borrower/Guarantor shall assume timely obtain all the relevant foreign exchange risk in this respect. The Borrower shall also be responsible for securing in a timely fashion all necessary approvals (including foreign exchange approvals) necessary for making all relevant payments in the Payment Currencyeach payment required under this Agreement, and shall make no defense based not excuse itself from complying with applicable provisions of this Agreement on its default on payment pursuant to the Agreement due to its failure pretext of failing to obtain the relevant approvalsany approval. 4.4.3. Any Unless otherwise specified herein, any sum payable hereunder may be paid on the next Business Day if the due date thereof is not a Business Day, unless such Business Day falls in another calendar month, in which case the payment shall be made on the Business Day immediately preceding the due day. 4.4.4. If any of the payments required under this Agreement is not paid when due, the Borrower Borrower/Guarantor shall immediate cure such nonpayment pursuant to the Agreement, and pay interests thereon to the Banks and/or the Agent at the Default RateRate (on floating rate basis), calculated on the basis of a 360365-day year and the actual number of days elapsed, for the period from the due date to the date of actual receipt by the Banks and/or the Agent of such payment. If any such nonpayment pertains to interest payments, a penalty equal to 105% of the overdue nonpayment shall be levied against the Borrower for the first 6 months, and a penalty equal to 2010% of the overdue amount shall be levied against the Borrower if such nonpayment remains outstanding for more than six months. 4.4.5. All Except otherwise specified herein, all payments to the Banks from the Borrower Borrower/Guarantor under this Agreement shall be paid to the Agent for its distribution to the BanksBanks in accordance with this Agreement. Payments not so made directly to the Banks by the Borrower will not relieve Borrower the Borrower/Guarantor of its obligations under the Agreementhereunder. Save for payments payable solely to the Arrangers or the Agent, the Agent shall, upon its receipt from the Borrower of payments due to the Banks, distribute and forward such payments to each Bank for repayment. Each Bank, the Arrangers and the Agent shall issue and deliver a receipt receipts directly to the Borrower Borrower/Guarantor for payment received. 4.4.6. Except otherwise specified herein, the Banks shall transfer any payment in connection with this Agreement to the Agent immediately upon receipt of such payment from the Borrower/Guarantor, for the Agent to process in accordance with Article 4.6 or other applicable provisions of this Agreement.

Payment Terms and Default Interest. 4.4.1. The Borrower shall pay to the Agent in accordance with applicable provisions of this Agreement to its account with Citibank N.A. in New York or as otherwise designated by the AgentAgreement, all sums (such as principal, interests or fees) which it is required to pay by this Agreement or related documents, in immediately available funds and in US NT Dollars before 12:00 noon time 1:00 pm (Taipei time) on the due date. 4.4.2. If the Borrower makes payment in a currency other than the currency required hereunder (“Payment Currency”), the payment or repayment so made will not relieve the Borrower of its liability unless such other currency has been fully converted into the Payment Currency and have been remitted to the account or place designated by the Agent. The Borrower shall assume all the relevant foreign exchange risk in this respect. The Borrower shall also be responsible for securing in a timely fashion all approvals (including foreign exchange approvals) necessary for making all relevant payments in the Payment Currency, and shall make no defense based on its default on payment pursuant to the Agreement due to its failure to obtain the relevant approvals. 4.4.3. Any sum payable hereunder may be paid on the next Business Day if the due date thereof is not a Business Day, unless such Business Day falls in another calendar month, in which case the payment shall be made on the Business Day immediately preceding the due day. 4.4.44.4.3. If any of the payments required under this Agreement is not paid when due, the Borrower shall immediate cure such nonpayment pursuant to the Agreement, and pay interests thereon to the Banks and/or the Agent at the Default Rate, calculated on the basis of a 360365-day year and the actual number of days elapsed, for the period from the due date to the date of actual receipt by the Banks and/or the Agent of such payment. If any such nonpayment pertains to interest payments, a penalty equal to 10% of the overdue nonpayment shall be levied against the Borrower for the first 6 months, and a penalty equal to 20% of the overdue amount shall be levied against the Borrower if such nonpayment remains outstanding for more than six months. 4.4.54.4.4. All payments to the Banks from the Borrower under this Agreement shall be paid to the Agent for its distribution to the Banks. Payments made directly to the Banks by the Borrower will not relieve Borrower of its obligations under the Agreement. Save for payments payable solely to the Arrangers or the Agent, the Agent shall, upon its receipt from the Borrower of payments due to the Banks, distribute and forward such payments to each Bank for repayment. Each Bank, the Arrangers and the Agent shall issue and deliver a receipt directly to the Borrower for payment received.

Payment Terms and Default Interest. 4.4.1. The Borrower shall pay to the Agent in accordance with applicable provisions of this Agreement to its account with Citibank N.A. in New York or as otherwise designated by the AgentAgreement, all sums (such as principal, interests or fees) which it is required to pay by this Agreement or related documents, in immediately available funds and in US NT Dollars before 12:00 noon time 1:00 pm (Taipei time) on the due date. 4.4.2. If the Borrower makes payment in a currency other than the currency required hereunder (“Payment Currency”), the payment or repayment so made will not relieve the Borrower of its liability unless such other currency has been fully converted into the Payment Currency and have been remitted to the account or place designated by the Agent. The Borrower shall assume all the relevant foreign exchange risk in this respect. The Borrower shall also be responsible for securing in a timely fashion all approvals (including foreign exchange approvals) necessary for making all relevant payments in the Payment Currency, and shall make no defense based on its default on payment pursuant to the Agreement due to its failure to obtain the relevant approvals. 4.4.3. Any sum payable hereunder may be paid on the next Business Day if the due date thereof is not a Business Day, unless such Business Day falls in another calendar month, in which case the payment shall be made on the Business Day immediately preceding the due day. 4.4.44.4.3. If any of the payments required under this Agreement is not paid when due, the Borrower shall immediate cure such nonpayment pursuant to the Agreement, and pay interests thereon to the Banks and/or the Agent at the Default Rate, calculated on the basis of a 360365-day year and the actual number of days elapsed, for the period from the due date to the date of actual receipt by the Banks and/or the Agent of such payment. If any such nonpayment pertains to interest payments, a penalty equal to 10% of the overdue nonpayment shall be levied against the Borrower for the first 6 months, and a penalty equal to 20% of the overdue amount shall be levied against the Borrower if such nonpayment remains outstanding for more than six months. 4.4.54.4.4. All payments to the Banks from the Borrower under this Agreement shall be paid to the Agent for its distribution to the Banks. Payments made directly to the Banks by the Borrower will not relieve Borrower of its obligations under the Agreement. Save for payments payable solely to the Arrangers or the Agent, the Agent shall, upon its receipt from the Borrower of payments due to the Banks, distribute and forward such payments to each Bank for repayment. Each Bank, the Arrangers and the Agent shall issue and deliver a receipt directly to the Borrower for payment received.. Table of Contents