PER ANNUM Sample Clauses

PER ANNUM. In the event of Executive's death or permanent and total disability (within the meaning of Section 22(e)(3) of the Internal Revenue Code of 1986, as amended and in effect and interpreted as of the date of this Agreement) at any time within the 24-month period immediately following a Change in Control and prior to any termination of Executive's employment, Executive or Executive's Successors shall be entitled to all of the benefits of Executive provided under this Agreement as if Executive had voluntarily terminated his employment with Sensormatic (but without giving effect to Section 4 hereof or to the loss of benefits upon voluntary termination under Section 6(a)(v)(A) hereof), including, without limitation, those set forth in Section 6(a)(iii) hereof.

PER ANNUM. Any deposits or other sums at any time credited by or due from the holder to any of the Borrowers, any endorser or guarantor hereof, may at all times be held and treated as collateral for the payment of this Note and any and all other liabilities (direct or indirect, absolute or contingent, sole, joint or several, secured or unsecured, due or to become due, now existing or hereafter arising) of any such maker to the holder. The holder may apply or set-off such deposits or other sums against such liabilities at any time in the case of any of the Borrowers but only with respect to matured liabilities in the case of endorsers and guarantors.

PER ANNUM. [If applicable, insert -The sinking fund for this series provides for the redemption on ............................ in each year beginning with the year and ending with the year ....

PER ANNUM. FIFTH: If the BORROWER becomes delinquent, the applicable variable interest rate will be that resulting from adding THREE (3) PERCENTAGE POINTS to the interest rate in force during the default period, calculated as indicated above. SIXTH: The BORROWER expressly and irrevocably authorizes the BANK to charge or debit any account or deposit it maintains with that Banking Institution or the BORROWER's account with COMMERCEBANK, N.A., identified as No. [ ], all matured amounts owed in relation to the granting of this INTEREST BEARING LOAN, extinguishing BORROWER's payment obligation for the amounts due up to the amount charged or debited by the BANK either from the BANK or from the COMMERCEBANK, N.A., without it being understood that these charges give rise to novation of its obligations. SEVENTH: The BORROWER may make special repayments of the principal due, and the total prepayment of the entire INTEREST BEARING LOAN referred to herein, only at the times when quarterly principal installments must be paid and provided it gives notice thereof to the BANK at least THIRTY (30) consecutive days in advance of the date on which such repayment or total prepayment referred to above is to be made. EIGHTH: The BANK may consider any and all of the obligations which have been assumed by the BORROWER by virtue of this document due and, therefore, payment in full shall be forthwith due and payable in any of the following events: 1) Failure to pay when due any

PER ANNUM. Letter Ratio of Credit Fee ----- ---------------- Less than 1.50:1 0.45% 1.50:1 or greater and less than 2.00:1 0.60% 2.00:1 or greater and less than 2.50:1 0.80% 2.50:1 or greater 0.9250% (i) upon the request of the Administrative Agent, at the direction of the Required Lenders, for any day during which an Event of Default shall occur and be continuing shall be 2.0% PER ANNUM, and (ii) for every day after the forty-fifth day of any calendar quarter of any calendar year during which the Revolving Borrower does not deliver a Compliance Certificate, effective until the day such certificate is delivered, shall be the highest rate set forth above.

PER ANNUM. Letter Ratio of Credit Fee ----- ---------------- Less than 1.00:1 0.35% 1.00:1 or greater and less than 1.50:1 0.40% 1.50:1 or greater and less than 2.00:1 0.50% 2.00:1 or greater and less than 2.50:1 0.625% 2.50:1 or greater 0.875% (i) upon the request of the Administrative Agent, at the direction of the Majority Lenders, for any day during which an Event of Default shall occur and be continuing shall be 2.0% PER ANNUM, and (ii) for every day after the forty-fifth day of any calendar quarter of any calendar year during which the Revolving Borrower does not deliver a Compliance Certificate, effective until the day such certificate is delivered, shall be the highest rate set forth above.

PER ANNUM. In addition, in the event of the removal, other than for Cause, of Director from his directorship with Sensormatic or the expiration of the term of such office without his being re-elected thereto at any time following a Change in Control, other than pursuant to the generally applicable term limits and/or retirement policies of the Corporation (without giving effect to any changes therein that reduce the retirement age or the permitted term of office which were implemented following such Change of Control or the commencement of an Attempted Change of Control which culminated in such Change of Control), any non-competition provisions included in such Plan shall have no further force or effect.

PER ANNUM. In no event shall interest (including any charge or fee held to be interest by a court of competent jurisdiction) accrue to be payable herein in excess of the highest contract rate allowable by law for the time such indebtedness shall be outstanding and unpaid, and if by reason of the acceleration of maturity of such indebtedness or for any other reason, interest in excess of the highest legal rate shall be due or paid, any such excess shall constitute and be treated as a payment on the principal hereof and shall operate to reduce such principal by the amount of such excess, or if in excess of the principal indebtedness such excess shall be paid or refunded to the Maker. All parties liable for the payment of this Note agree to pay the Holder hereof a reasonable attorneys' fee for the services of counsel employed after default or demand to collect this Note, or to protect or enforce the security thereof, whether or not suit be brought. Presentment, protest, notice of dishonor and notice of protest of this Note are hereby waived by all parties now or hereafter liable hereon, whether as makers, endorsers, or otherwise. This Note is secured by a Mortgage Deed and Construction Loan Agreement of even date. This Note and said Deed are being delivered in the State of Florida and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws thereof. This Note is being delivered in the State of Florida and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws thereof. All of the covenants, conditions, and agreements contained in the Mortgage and any other document evidencing the loan are hereby made a part of this instrument. This Note may not be changed orally, but only by an agreement in writing and signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. HOLDER AND MAKER SPECIFICALLY AGREE THAT THEY WAIVE ALL RIGHTS TO RELY ON OR ENFORCE ANY ORAL STATEMENTS MADE PRIOR TO OR SUBSEQUENT TO THE SIGNING OF THIS DOCUMENT. HOLDER AND MAKER HEREBY KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY WAIVE THE RIGHT EITHER/ANY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS DOCUMENT, AND/OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, AND/OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), LOANS, ...

PER ANNUM. If payment is not received by Holder on/or before TEN (10) DAYS after the due date, then the interest rate thereafter will automatically increase to eighteen percent (18.0%) per annum and will remain at said rate until the payments are completely brought up to date and current. The Holder hereof shall have the optional right to declare the principal sum disbursed hereunder and all accrued interest thereon to be due and forthwith payable in advance of the maturity date fixed herein upon the failure of the undersigned to pay, when due and failure to cure after ten (10) days written notice to Maker, any one of the installments of interest or, at the option of the Holder, upon the occurrence of any other Event of Default by the undersigned in the Mortgage securing this Note which is not cured within thirty (30) days after written notice. Failure to exercise this option with respect to any failure or breach by the undersigned shall not constitute a waiver of the right as to any subsequent failure or breach. This Note may be prepaid in full or in part prior to maturity without premium or penalty. This Note and the Mortgage which it secures shall be non-assumable.

PER ANNUM. If the Lender prefers to apply the interest rate to the amount owed once a year, then select the “Annum” checkbox from Statement (B).