Common use of Pro rata interest settlement Clause in Contracts

Pro rata interest settlement. ‌ 23.9.1 If the Agent has notified the Lenders and the Company that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders and New Lenders then (in respect of any transfer pursuant to Clause 23.5 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignment) the Transfer Date of which, in each case, is after the date of such notification and is not on the last day of an Interest Period): (A) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest Period); and (B) the rights assigned or transferred by the Existing Lender will not include the right to the Accrued Amounts, so that, for the avoidance of doubt: (1) when the Accrued Amounts become payable, those Accrued Amounts will be payable to the Existing Lender; and (2) the amount payable to the New Lender on that date will be the amount which would, but for the application of this Clause 23.9, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Facility Agreement

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Pro rata interest settlement. ‌ 23.9.1 26.5.1 If the Agent has notified the Lenders and the Company Banks that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders Banks and New Lenders Banks then (in respect of any transfer pursuant to Clause 23.5 26.2 (Transfer by Banks) or a novation pursuant to Clause 26.3 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignmentnovations) the date on which the transfer or novation effective (the “Transfer Date Date”) of which, in each case, is after the date of such notification and is not on the last day of an Interest Perioda Term): (A) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender Bank up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender Bank (without further interest accruing on them) on the last day of the current Interest Period Term (or, if the Interest Period Term is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest PeriodTerm); and (B) the rights assigned or transferred by the Existing Lender Bank will not include the right to the Accrued Amounts, Amounts so that, for the avoidance of doubt: (1) when the Accrued Amounts become payable, those Accrued Amounts will be payable to for the account of the Existing LenderBank; and (2) the amount payable to the New Lender Bank on that date will be the amount which would, but for the application of this Clause 23.926.5, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 26.5.2 In this Clause 23.9 26.5, references to "Interest Period" “Term” shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Revolving Credit Facility (British American Tobacco p.l.c.)

Pro rata interest settlement. ‌ 23.9.1 If the Agent has notified the Lenders and the Company that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders and New Lenders then (in respect of any transfer assignment pursuant to Clause 23.5 clause 32.5 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignment) the Transfer Date of which, in each case, is after the date of such notification and is not on the last day of an Interest Period): (A) 32.8.1 any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Months(6) months, on the next of the dates which falls at six Monthly monthly intervals after the first day of that Interest Period); and (B) 32.8.2 the rights assigned or transferred by the Existing Lender will not include the right to the Accrued Amounts, so that, for the avoidance of doubt: (1a) when the Accrued Amounts become payable, those Accrued Amounts will be payable to the Existing Lender; and (2b) the amount payable to the New Lender on that date will be the amount which would, but for the application of this Clause 23.9clause 32.8, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Facility Agreement (DryShips Inc.)

Pro rata interest settlement. ‌ 23.9.1 26.5.1 If the Agent has notified the Lenders and the Company Banks that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders Banks and New Lenders Banks then (in respect of any transfer pursuant to Clause 23.5 26.2 (Transfer by Banks) or a novation pursuant to Clause 26.3 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignmentnovations) the date on which the transfer or novation effective (the “Transfer Date Date”) of which, in each case, is after the date of such notification and is not on the last day of an Interest Perioda Term End Date): (A) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender Bank up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender Bank (without further interest accruing on them) on the last day Term End Date of the current Interest Period Term (or, if the Interest Period Term is longer than six Monthsmonths, on the next of the dates which falls at six Monthly monthly intervals after the first day of that Interest PeriodTerm); and (B) the rights assigned or transferred by the Existing Lender Bank will not include the right to the Accrued Amounts, Amounts so that, for the avoidance of doubt: (1) when the Accrued Amounts become payable, those Accrued Amounts will be payable to for the account of the Existing LenderBank; and (2) the amount payable to the New Lender Bank on that date will be the amount which would, but for the application of this Clause 23.926.5, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 26.5.2 In this Clause 23.9 26.5, references to "Interest Period" “Term” shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (British American Tobacco p.l.c.)

Pro rata interest settlement. ‌ 23.9.1 If the Facility Agent has notified the Lenders and the Company that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders and New Lenders then (in respect of any transfer pursuant to Clause 23.5 29.4 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignment) the Transfer Date of which, in each case, which is after the date of such notification and is not on the last day of an Interest Perioda Term): (Aa) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest Period)Term; and (Bb) the rights assigned or transferred by the Existing Lender will not include the right to the Accrued Amounts, Amounts so that, for the avoidance of doubt: (1i) when the Accrued Amounts become payable, those Accrued Amounts will be payable to for the account of the Existing Lender; and (2ii) the amount payable to the New Lender on that date will be the amount which would, but for the application of this Clause 23.9subclause 29.8, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Facility Agreement (Aquaventure Holdings LLC)

Pro rata interest settlement. ‌ 23.9.1 If the Agent has notified the Lenders and the Company that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders and New Lenders then (in respect of any transfer assignment pursuant to Clause 23.5 clause 32.5 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignment) the Transfer Date of which, in each case, is after the date of such notification and is not on the last day of an Interest Period): (A) 32.8.1 any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Monthsmonths, on the next of the dates which falls at six Monthly monthly intervals after the first day of that Interest Period); and (B) 32.8.2 the rights assigned or transferred by the Existing Lender will not include the right to the Accrued Amounts, so that, for the avoidance of doubt: (1a) when the Accrued Amounts become payable, those Accrued Amounts will be payable to the Existing Lender; and (2b) the amount payable to the New Lender on that date will be the amount which would, but for the application of this Clause 23.9clause 32.8, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Facility Agreement (Quintana Shipping Ltd.)

Pro rata interest settlement. ‌ 23.9.1 26.5.1 If the Agent has notified the Lenders and the Company Banks that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders Banks and New Lenders Banks then (in respect of any transfer pursuant to Clause 23.5 26.2 (Transfers by Banks) or a novation pursuant to Clause 26.3 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignmentnovations) the date on which the transfer or novation effective (the "Transfer Date Date") of which, in each case, is after the date of such notification and is not on the last day of an Interest Perioda Term End Date): (A) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender Bank up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender Bank (without further interest accruing on them) on the last day Term End Date of the current Interest Period Term (or, if the Interest Period Term is longer than six Monthsmonths, on the next of the dates which falls at six Monthly monthly intervals after the first day of that Interest PeriodTerm); and (B) the rights assigned or transferred by the Existing Lender Bank will not include the right to the Accrued Amounts, Amounts so that, for the avoidance of doubt: (1) when the Accrued Amounts become payable, those Accrued Amounts will be payable to for the account of the Existing LenderBank; and (2) the amount payable to the New Lender Bank on that date will be the amount which would, but for the application of this Clause 23.926.5, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 26.5.2 In this Clause 23.9 26.5, references to "Interest PeriodTerm" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Term Loan Agreement (British American Tobacco p.l.c.)

Pro rata interest settlement. ‌ 23.9.1 If the Agent has notified the Lenders and the Company Banks that it is able to distribute interest payments on a "pro rata basis" basis to Existing Lenders Banks and New Lenders Permitted Transferees then (in respect of any transfer pursuant to Clause 23.5 26 (Procedure for transfer) or any assignment pursuant Changes to Clause 23.6 (Procedure for assignmentParties) the Transfer Date of which, in each case, which is after the date of such notification and is not on the last day of an Interest Period): (Aa) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender Bank up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender Bank (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest Period); and (Bb) the rights assigned or transferred by the Existing Lender Bank will not include the right to the Accrued Amounts, Amounts so that, for the avoidance of doubt: (1i) when the Accrued Amounts become payable, those Accrued Amounts will be payable to for the account of the Existing LenderBank; and (2ii) the amount payable to the New Lender Permitted Transferee on that date will be the amount which would, but for the application of this Clause 23.9, 26 have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Revolving Credit Facility (Anglogold Ashanti LTD)

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Pro rata interest settlement. ‌ 23.9.1 If the Agent has notified the Lenders and the Company that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders and New Lenders then (in respect of any transfer pursuant to Clause 23.5 24.5 (Procedure for transfer) or any assignment pursuant to Clause 23.6 24.6 (Procedure for assignment) the Transfer Date of which, in each case, is after the date of such notification and is not on the last day of an Interest Period):): 93954-4-1-v3.0 -75- 70-40529536 (Aa) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest Period); and (Bb) the rights assigned or transferred by the Existing Lender will not include the right to the Accrued Amounts, so that, for the avoidance of doubt: (1i) when the Accrued Amounts become payable, those Accrued Amounts will be payable to the Existing Lender; and (2ii) the amount payable to the New Lender on that date will be the amount which would, but for the application of this Clause 23.924.9, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)

Pro rata interest settlement. ‌ 23.9.1 If the Agent has notified the Lenders and the Company Banks that it is able to distribute interest payments on a "pro rata basis" basis to Existing Lenders Banks and New Lenders Banks then (in respect of any transfer pursuant to Clause 23.5 27.3 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignmentnovations) the Transfer Date of which, in each case, which is after the date of such notification and is not on the last day of an Interest Period): (Aa) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender Bank up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender Bank (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest Period); and (Bb) the rights assigned or transferred by the Existing Lender Bank will not include the right to the Accrued Amounts, Amounts so that, for the avoidance of doubt: (1i) when the Accrued Amounts become payable, those Accrued Amounts will be payable to for the account of the Existing LenderBank; and (2ii) the amount payable to the New Lender Bank on that date will be the amount which would, but for the application of this Clause 23.9, 27.4 have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Syndicated Loan Facility (Anglogold Ashanti LTD)

Pro rata interest settlement. ‌ 23.9.1 If the Agent has notified the Lenders and the Company that it is able to distribute interest payments on a "pro rata basis" to Existing Lenders and New Lenders Lender then (in respect of any transfer pursuant to Clause 23.5 24.5 (Procedure for transfer) or any assignment pursuant to Clause 23.6 24.6 (Procedure for assignment) the Transfer Date of which, in each case, is after the date of such notification and is not on the last day of an Interest Period):notification: (Aa) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender (without further interest accruing on them) on the last day next due date for payment of the current Interest Period (or, if the Interest Period is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest Period)interest in accordance with Clause 8.2; and (Bb) the rights assigned or transferred by the Existing Lender will not include the right to the Accrued Amounts, so that, for the avoidance of doubt: (1i) when the Accrued Amounts become payable, those the Accrued Amounts will be payable to the Existing Lender; and (2ii) the amount payable to the New Lender on that date will be the amount which would, but for the application of this Clause 23.924.9, have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Facility Agreement (Diana Containerships Inc.)

Pro rata interest settlement. ‌ 23.9.1 If the Agent has notified the Lenders and the Company Banks that it is able to distribute interest payments on a "pro rata basis" basis to Existing Lenders Banks and New Lenders Banks then (in respect of any transfer pursuant to Clause 23.5 28.3 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignmentnovations) the Transfer Date of which, in each case, which is after the date of such notification and is not on the last day of an Interest Period): (Aa) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender Bank up to but excluding the Transfer Date ("Accrued Amounts") and shall become due and payable to the Existing Lender Bank (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest Period); and (Bb) the rights assigned or transferred by the Existing Lender Bank will not include the right to the Accrued Amounts, Amounts so that, for the avoidance of doubt: (1i) when the Accrued Amounts become payable, those Accrued Amounts will be payable to for the account of the Existing LenderBank; and (2ii) the amount payable to the New Lender Bank on that date will be the amount which would, but for the application of this Clause 23.9, 28.4 have been payable to it on that date, but after deduction of the Accrued Amounts. 23.9.2 In this Clause 23.9 references to "Interest Period" shall be construed to include a reference to any other period for accrual of fees.

Appears in 1 contract

Samples: Syndicated Bridge Loan Facility (Anglogold Ashanti LTD)

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