PER ANNUM. (b) 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(e)(i) hereof), including, without limitation, those set forth in Section 6(c) 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. 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%
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 .............. of [not less than] $......................... [("mandatory sinking fund") and not more than $........................] aggregate principal amount of Securities of this series. [Securities of this series acquired or redeemed by the Company otherwise than through [mandatory] sinking fund payments may be credited against subsequent [mandatory] sinking fund payments otherwise required to be made [in the [describe order] in which they become due].] [If the Security is subject to redemption, insert - In the event of redemption of this Security in part only, a new Security or Securities of this series and of like tenor for the unredeemed portion hereof will be issued in the name of the Holder hereof upon the cancellation hereof.] [If the Security is not an Original Issue Discount Security, insert - If an Event of Default with respect to Securities of this series shall occur and be continuing, the principal of the Securities of this series may be declared due and payable in the manner and with the effect provided in the Indenture.] [If the Security is an Original issue Discount Security, insert - If an Event of Default with respect to Securities of this series shall occur and be continuing, an amount of principal of the The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of more than 50% in principal amount of the Securities at the time Outstanding of each series to be affected. The Indenture also contains provisions permitting the Holders of specified percentages in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders of all Securities of such series, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange here for or in lieu hereof, wh...
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. WITH RESECT TO THE SNR LOANS, THE APPLICABLE MARGIN FOR (i) LIBOR LOANS SHALL BE TWO AND ONE-HALF PERCENT (2.5%) PER ANNUM, AND (ii) BASE RATE LOANS SHALL BE THREE-QUARTERS PERCENT (0.75%) PER ANNUM. THE APPLICABLE MARGINS ARE SUBJECT TO CHANGE AS PROVIDED IN SECTION 2.3.1(d).
PER ANNUM. First payment to commence thirty days from the date hereof and subsequent monthly payments thereafter until thirty (30) months from the date hereof when the then entire outstanding principal balance together with all accrued and unpaid interest, if any, shall be due and payable. Provided that this Note, or any of its supporting loan documents, are not in default, Maker herein shall have the option to extend the maturity date specified herein for an additional six (6) months upon payment to Holder of an extension fee equal to one quarter of one percent (0.25% of 1%) of the then committed* amount (*the then outstanding principal balance plus any un-disbursed loan funds). The interest rate in effect on this Note may change as often as daily and an increase in the interest rate will cause an increase in the interest payments. Except as otherwise required by law or by the provisions of this Note or any other loan document, payments received by Holder hereunder shall be applied first against expenses and indemnities, next against interest accrued on the loan, and next in reduction of the outstanding principal balance of the loan, except that from and after any default under this Note, Holder may apply such payments in any order of priority determined by Holder in its exclusive judgment.
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. 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. Escalation The per year fee escalation will be determined in accord with the provisions of section C of Attachment B, and as specified in each site specific agreement.
