Common use of Rates and Payment of Interest Clause in Contracts

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA Rate Loan, at the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate Loan; (ii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; (iii) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; (iv) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (v) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loans. (b) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) on the first day of each month and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 3 contracts

Samples: Loan Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp)

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Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBORTerm SOFR Loan, at LIBORTerm SOFR for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA Rate Loan, at LIBOR the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if any other U.S. Facility Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Loans; and (vvii) if any other Canadian Facility Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations Interest shall bear interest (i) if a UK Base Rate Loanaccrue from the date the Loan is advanced or the Obligation becomes payable, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for until paid by the applicable Interest PeriodBorrower(s). If a Loan is repaid on the same day made, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, one day’s interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansaccrue. (b) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars or Canadian Dollars, as the case may be) of the underlying Revolver Loan. (c) During an Insolvency Proceeding with respect to the continuation of any Borrower, or during any other Event of Default Default, if Agent or Required Lenders in their discretion so elect, all Obligations shall bear interest at the Default Rate (whether before or after any judgment); provided, however, that upon the occurrence and during the continuance of an Event of Default under Section 11.1(a) or 11.1(f), the Default Rate shall become immediately applicable without any election of the Required Lenders. Each Borrower Loan Party acknowledges that the cost and expense to the Agent and the Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation for thisestimate to compensate the Agent and the Lenders therefor. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) on the first day of each month and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 2 contracts

Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Rates and Payment of Interest. (a) The Canadian Facility Obligations (excluding Obligations of the type specified in clause (g) of such definition) shall bear interest (i) if a Canadian BA U.S. Base Rate Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA Rate Loan, at LIBOR the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if any other U.S. Facility Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining for U.S. Base Rate Loans; (vii) if any other European Facility Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at LIBOR in effect at such time, plus the Applicable Margin for LIBOR LoanRevolver Loans; and (vviii) if any other Canadian Facility Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations Interest shall bear interest (i) if a UK Base Rate Loanaccrue from the date the Loan is advanced or the Obligation is incurred or payable, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for until paid by the applicable Interest PeriodBorrower. If a Loan is repaid on the same day made, plus the Applicable Margin pertaining to such LIBOR Loan; and one (iii1) if any other UK Facility Obligation (including, to the extent permitted by law, day’s interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansaccrue. (b) During an Insolvency Proceeding with respect to Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars, Canadian Dollars or Euros, as the case may be) of the underlying Revolver Loan. (c) Overdue principal, interest and other amounts not paid when due shall bear interest at the Default Rate; provided, however, that during the continuation of any Borrower, or during any other Event of Default Default, if Agent or Required Lenders in their discretion so elect, all Obligations shall bear interest at the Default Rate (whether before or after any judgment); provided further, however, that upon the occurrence and during the continuance of an Event of Default under Section 11.1(a) or 11.1(i), the Default Rate shall become immediately applicable to all Obligations without any election of the Required Lenders. Each Borrower Loan Party acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation for thisestimate to compensate Agent and Lenders therefor. (cd) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) for any U.S. Base Rate Loan, Canadian Base Rate Loan or Canadian Prime Rate Loan, on the first (1st) day of each month month; (ii) for any LIBOR Loan or Canadian BA Rate Loan, on the last day of its Interest Period and (iiiii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Date and interest accrued on the U.S./European Revolver Loans shall be due and payable in arrears on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable on the U.S. U.S./European Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 2 contracts

Samples: Loan Agreement (Cooper-Standard Holdings Inc.), Loan Agreement (Cooper-Standard Holdings Inc.)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Base Rate Loan, at the Base Rate in effect from time to time, plus the Applicable Margin for Base Rate Loans; (ii) if a LIBOR Loan, at Adjusted LIBOR for the applicable Interest Period, plus the Applicable Margin for LIBOR Loans; (iii) if Canadian Prime Rate Loans, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans; (iv) if a Canadian BA Rate Loan, at the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin pertaining to such for Canadian BA Rate Loan; (ii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; (iii) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; (iv) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR LoanLoans; and (v) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations Interest shall bear accrue from the date the Loan is advanced or the Obligation is incurred or payable, until paid by the Borrowers. If a Loan is repaid on the same day made, one day’s interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansshall accrue. (b) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Agent or Required Lenders described in their discretion so electSection 11.1(a), all Obligations shall bear interest at the Default Rate (whether before Rate. During any other Event of Default, at the option of the Administrative Agent or after any judgment)upon the request of the Required Lenders, all Obligations shall bear interest at the Default Rate. Each Borrower acknowledges that the cost cost, expense and expense risk to each Agent and Lenders each Lender due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate the Agents and the Lenders for thissuch added cost, expense and risk. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, and each of the US Borrower and the Canadian Borrower promises to pay interest to the Applicable Lenders, (i) with respect to each Base Rate Loan and each Canadian Prime Rate Loan, on the first Business Day of each calendar quarter, (ii) with respect to each LIBOR Loan and each Canadian BA Rate Loan, on the last day of each month its Interest Period; provided that if any Interest Period for a LIBOR Loan or a Canadian BA Rate Loan exceeds three months, interest accrued on such LIBOR Loan or such Canadian BA Rate Loan shall also be due and payable on the respective dates that fall every three months after the beginning of such Interest Period, (iiiii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on ; and (iv) with respect to any termination or reduction of the (i) Canadian US Revolver Loans shall be due and payable on Commitments or the Canadian Revolver Commitment Termination DateCommitment, (ii) UK Revolver Loans shall be due and payable on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver date of such termination or reduction with respect to the principal amount of Loans shall be due and payable on where the U.S. Revolver Commitment Termination Datecommitment to make such Loans is being terminated. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks & Mayors Inc.)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest as follows: (i) if a Canadian BA Rate Loan, at the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate Loan; (ii) if a Canadian Prime Rate Revolver Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such for Canadian Prime Rate Loan; Revolver Loans; (iiiii) if a Canadian Base BA Rate Revolver Loan, at the Canadian Base BA Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; (iv) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and for Canadian BA Rate Revolver Loans; (viii) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Revolver Loans. The UK Facility Obligations shall bear interest ; (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (iiv) if a U.S. Base Rate Revolver Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such for U.S. Base Rate Loan; Revolver Loans; (iiv) if a U.S. LIBOR Revolver Loan, at U.S. LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such for U.S. LIBOR Revolver Loans; (vi) if a U.S. Floating LIBOR Loan, at the U.S. Floating LIBOR, plus the Applicable Margin for U.S. LIBOR Revolver Loans; and and (iiivii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Revolver Loan is advanced or other Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Revolver Loans shall be due and payable in arrears, (i) on the first day of each month and month; (ii) on any date of prepayment, with respect to the principal amount of Revolver Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable on the UK Revolver Commitment Termination Date ; and (iii) U.S. Revolver Loans shall be due and payable on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 2 contracts

Samples: Loan, Guaranty and Security Agreement (Guess Inc), Loan, Guaranty and Security Agreement (Guess Inc)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Loan, at the Canadian BA applicable U.S. Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate LoanMargin; (iiiiv) if a Canadian Base Rate Loan, at the applicable Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate LoanMargin; (ivv) if a LIBOR B/A Equivalent Loan, at LIBOR the Canadian B/A Rate for the applicable Interest Contract Period, plus the Applicable Margin pertaining Margin; (vi) if a German Base Rate Loan, at the applicable German Base Rate in effect from time to such LIBOR Loantime, plus the Applicable Margin; and (vvii) if any other Canadian Facility U.S. Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at (which shall be the U.S. Base Rate in effect from time applicable to time, plus the Applicable Margin pertaining to such U.S. Revolver Loans that are U.S. Base Rate Loan; (iiLoans if no obvious rate applies) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loans; (viii) if any other Canadian Obligation (including, to the extent permitted by Applicable Law, interest not paid when due), at the applicable Canadian Prime Rate (which shall be the Canadian Prime Rate applicable to Canadian Revolver Loans that are Canadian Prime Loans if no obvious rate applies) in effect from time to time, plus the Applicable Margin for Canadian Prime Loans and (ix) if any other German Obligation (including, to the extent permitted by Applicable Law, interest not paid when due), at the applicable German Base Rate (which shall be the German Base Rate applicable to German Revolver Loans that are German Base Rate Loans if no obvious rate applies) in effect from time to time, plus the Applicable Margin for German Base Rate Loans. Interest shall accrue from the date the Revolver Loan is advanced or the Obligation is incurred or due and payable, until paid by the applicable Borrower or Borrowers. (b) During an Insolvency Proceeding with respect to At any Borrowertime when a payment of principal, interest or during any other Event of Default if Agent fees hereunder is not made when due, such overdue principal, interest or Required Lenders in their discretion so elect, Obligations fees shall bear interest at the Default Rate (whether before or after any judgment)Rate. Each Borrower acknowledges that the cost and expense to the Agent and the Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate the Agent and the Lenders for thissuch cost and expense. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Revolver Loans shall be due and payable in arrears, (i) for Revolver Loans accruing interest at LIBOR, at the end of each Interest Period applicable thereto, and, for Interest Periods of greater than 3 months, on the first day of each month and Fiscal Quarter; (ii) for Revolver Loans accruing interest at the U.S. Base Rate, the Canadian Base Rate, the Canadian Prime Rate, or the German Base Rate on the first day of each Fiscal Quarter; (iii) for B/A Equivalent Loans, at the end of each Contract Period applicable thereto, and, for Contract Periods of greater than 3 months, on the first day of each Fiscal Quarter, (iv) on any date of prepaymentprepayment pursuant to Section 5.2, with respect to the principal amount of Revolver Loans being prepaid. In addition, interest accrued ; and (v) on the (i) Canadian Revolver Loans shall be due and payable on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest In the event that any Borrowing Base Certificate or related information for any period delivered pursuant to Section 7.1 is inaccurate while the Revolver Commitments are in effect, and such inaccuracy, if corrected, would have led to the application of a higher Applicable Margin for such period than the Applicable Margin actually used to determine interest rates for such period, then (a) the Borrowers shall promptly deliver to the Agent a corrected Borrowing Base Certificate for such period, (b) the Applicable Margin for such period shall be retroactively determined based on the Loans shall be payable Average Availability as set forth in the currency corrected Borrowing Base Certificate, and (c) the Borrowers shall promptly pay to the Agent (for the account of the underlying Revolver LoanLenders during such period or their successors and permitted assigns) the accrued additional interest owing as a result of such increased Applicable Margin for such period. This Section 3.1.1(d) shall not limit the rights of the Agent under this Section 3.1.1 or Section 10.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Milacron Holdings Corp.), Amendment Agreement (Milacron Holdings Corp.)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA Rate Loan, at LIBOR the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Loans; and (vvii) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations Interest shall bear interest (i) if a UK Base Rate Loanaccrue from the date the Loan is advanced or the Obligation is incurred or payable, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for until paid by the applicable Interest PeriodBorrower(s). If a Loan is repaid on the same day made, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, one day’s interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansaccrue. (b) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars or Canadian Dollars, as the case may be) of the underlying Revolver Loan. (c) During an Insolvency Proceeding with respect to any BorrowerObligor, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower Obligor acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Agent and Lenders for this. (cd) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) on the first day of each month month; and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due Date and payable interest accrued on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable in arrears on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 2 contracts

Samples: Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Callaway Golf Co)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA Rate Loan, at LIBOR the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if any other U.S. Facility Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Loans; and (vvii) if any other Canadian Facility Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations Interest shall bear interest (i) if a UK Base Rate Loanaccrue from the date the Loan is advanced or the Obligation becomes payable, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for until paid by the applicable Interest PeriodBorrower(s). If a Loan is repaid on the same day made, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, one day’s interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansaccrue. (b) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars or Canadian Dollars, as the case may be) of the underlying Revolver Loan. (c) During an Insolvency Proceeding with respect to the continuation of any Borrower, or during any other Event of Default Default, if Agent or Required Lenders in their discretion so elect, all Obligations shall bear interest at the Default Rate (whether before or after any judgment); provided, however, that upon the occurrence and during the continuance of an Event of Default under Section 11.1(a) or 11.1(f), the Default Rate shall become immediately applicable without any election of the Required Lenders. Each Borrower Loan Party acknowledges that the cost and expense to the Agent and the Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation for thisestimate to compensate the Agent and the Lenders therefor. (cd) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) for any U.S. Base Rate Loan, Canadian Base Rate Loan or Canadian Prime Rate Loan, on the first day of each month month; (ii) for any LIBOR Loan or Canadian BA Rate Loan, on the last day of its Interest Period and (iiiii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due Date and payable interest accrued on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable in arrears on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 2 contracts

Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining plus with respect to such Canadian BA Rate any U.K. Revolver Loan that is a LIBOR Loan, any Mandatory Costs; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA Rate Loan, at LIBOR the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if a U.K. Base Rate Loan, at the U.K. Base Rate in effect from time to time, plus the Applicable Margin, (vii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Loans; and (vviii) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iiiix) if any other UK U.K. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK U.K. Base Rate in effect from time to time, plus the Applicable Margin for UK U.K. Base Rate Loans. The U.S. Facility Obligations Interest shall bear interest (i) if a U.S. Base Rate Loanaccrue from the date the Loan is advanced or the Obligation is incurred or payable, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for until paid by the applicable Interest PeriodBorrower(s). If a Loan is repaid on the same day made, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, one day’s interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansshall accrue. (b) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars, Canadian Dollars, British Pounds or Euro, as the case may be) of the underlying Revolver Loan (which shall be Dollars only in the case of any U.K. Base Rate Loan). (c) During an Insolvency Proceeding with respect to any BorrowerObligor, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower Obligor acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Agent and Lenders for this. (cd) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last day of the relevant Interest Period with respect to Interest Period Loans (or in the case of an Interest Period Loan with an Interest Period of more than 90 days’ duration, on each quarterly anniversary of the first day of such Interest Period) or, in arrears on the first day of each month with respect to Base Rate Loans, and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable interest accrued on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable in arrears on the U.S. Revolver Commitment Termination Date, and interest accrued on the U.K. Revolver Loans shall be due and payable in arrears on the U.K. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 2 contracts

Samples: Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Callaway Golf Co)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Revolver Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin, (ii) if a Term SOFR Revolver Loan, at Term SOFR for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA RateTerm XXXXX Loan, at LIBOR the Canadian BA RateTerm XXXXX for the applicable Interest Period, plus the Applicable Margin, (vi) if a U.K./Dutch Base Rate Loan, at the Foreign Base Rate in effect from time to time, plus the Applicable Margin, (vii) if a German Base Rate Loan, at the Foreign Base Rate in effect from time to time, plus the Applicable Margin, (viii) if a XXXXX Xxxx, at the XXXXX Rate in effect from time to time, plus the Applicable Margin, (ix) if a SARON Loan, at the SARON Rate in effect from time to time, plus the Applicable Margin, (x) if a EURIBOR Loan, at the EURIBOR Rate for the applicable Interest Period, plus the Applicable Margin, (xi) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Revolver Loans; and (vxii) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iiixiii) if any other UK U.K./Dutch Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK Foreign Base Rate in effect from time to time, plus the Applicable Margin for UK U.K./Dutch Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iiixiv) if any other U.S. German Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Foreign Base Rate in effect from time to time, plus the Applicable Margin for U.S. German Base Rate Loans. (b) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a the Loan is advanced or the Obligation is incurred or payable, until paid in full by Borrowersthe applicable Borrower(s). If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last day of the relevant Interest Period with respect to Interest Period Loans (or in the case of an Interest Period Loan with an Interest Period of more than 90 daysthree months’ duration, on each quarterly anniversary of the first day of such Interest Period) or, in arrears on the first day of each month with respect to Base Rate Loans, XXXXX Loans and SARON Loans, and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable interest accrued on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable in arrears on the U.S. Revolver Commitment Termination Date, interest accrued on the U.K./Dutch Revolver Loans shall be due and payable in arrears on the U.K./Dutch Revolver Commitment Termination Date, and interest accrued on the German Revolver Loans shall be due and payable in arrears on the German Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Topgolf Callaway Brands Corp.)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining plus with respect to such Canadian BA Rate any U.K. Revolver Loan that is a LIBOR Loan, any Mandatory Costs; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA Rate Loan, at LIBOR the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if a U.K. Base Rate Loan, at the U.K. Base Rate in effect from time to time, plus the Applicable Margin, (vii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Loans; and (vviii) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iiiix) if any other UK U.K. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK U.K. Base Rate in effect from time to time, plus the Applicable Margin for UK U.K. Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loans. (b) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a the Loan is advanced or the Obligation is incurred or payable, until paid in full by Borrowersthe applicable Borrower(s). Interest accrued If a Loan is repaid on the Loans same day made, one day’s interest shall be due and payable in arrears, (i) on the first day of each month and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demandaccrue. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Callaway Golf Co)

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Rates and Payment of Interest. (a1) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Revolver Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin, (ii) if a Term SOFR Revolver Loan, at Term SOFR for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA Rate Loan, at LIBOR the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if a U.K./Dutch Base Rate Loan, at the Foreign Base Rate in effect from time to time, plus the Applicable Margin, (vii) if a German Base Rate Loan, at the Foreign Base Rate in effect from time to time, plus the Applicable Margin, (viii) if a SONIA Loan, at the SONIA Rate in effect from time to time, plus the Applicable Margin, (ix) if a SARON Loan, at the SARON Rate in effect from time to time, plus the Applicable Margin, (x) if a EURIBOR Loan, at the EURIBOR Rate for the applicable Interest Period, plus the Applicable Margin, (xi) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Revolver Loans; and (vxii) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iiixiii) if any other UK U.K./Dutch Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK Foreign Base Rate in effect from time to time, plus the Applicable Margin for UK U.K./Dutch Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iiixiv) if any other U.S. German Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Foreign Base Rate in effect from time to time, plus the Applicable Margin for U.S. German Base Rate Loans. Interest shall accrue from the date the Loan is DB1/ 136236807.8 advanced or the Obligation is incurred or payable, until paid by the applicable Borrower(s). If a Loan is repaid on the same day made, one day’s interest shall accrue. (b2) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars, Canadian Dollars, British Pounds, Swiss Francs or Euros, as the case may be) of the underlying Revolver Loan (which shall be Dollars only in the case of any U.K./Dutch Base Rate Loan or German Base Rate Loan). (3) During an Insolvency Proceeding with respect to any BorrowerObligor (other than any Insolvency Proceedings against a German Domiciled Obligor initiated by any winding-up petition that is frivolous or vexatious and is discharged, stayed or dismissed within 14 days of commencement), or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower Obligor acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Agent and Lenders for this. (c4) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last day of the relevant Interest Period with respect to Interest Period Loans (or in the case of an Interest Period Loan with an Interest Period of more than 90 days’ duration, on each quarterly anniversary of the first day of such Interest Period) or, in arrears on the first day of each month with respect to Base Rate Loans, SONIA Loans and SARON Loans, and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable interest accrued on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable in arrears on the U.S. Revolver Commitment Termination Date, interest accrued on the U.K./Dutch Revolver Loans shall be due and payable in arrears on the U.K./Dutch Revolver Commitment Termination Date, and interest accrued on the German Revolver Loans shall be due and payable in arrears on the German Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Loan Agreement (Topgolf Callaway Brands Corp.)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Revolver Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin;, (ii) if a LIBOR Revolver Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining plus with respect to such Canadian BA Rate any U.K. Revolver Loan that is a LIBOR Loan, any Mandatory Costs; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Margin, (v) if a Canadian BA Rate Loan, at the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if a U.K. Base Rate Loan; , at the U.K. Base Rate in effect from time to time, plus the Applicable Margin, (ivvii) if a Base Rate Term Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin, (viii) if a LIBOR Term Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin, (ix) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Revolver Loans; and (vviiix) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iiiixxi) if any other UK U.K. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK U.K. Base Rate in effect from time to time, plus the Applicable Margin for UK U.K. Base Rate Loans. The U.S. Facility Obligations Interest shall bear interest (i) if a U.S. Base Rate Loanaccrue from the date the Loan is advanced or the Obligation is incurred or payable, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for until paid by the applicable Interest PeriodBorrower(s). If a Loan is repaid on the same day made, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, one day’s interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansshall accrue. (b) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars, Canadian Dollars, British Pounds or Euro, as the case may be) of the underlying Revolver Loan (which shall be Dollars only in the case of any U.K. Base Rate Loan). (c) During an Insolvency Proceeding with respect to any BorrowerObligor, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower Obligor acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Agent and Lenders for this. (cd) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last day of the relevant Interest Period with respect to Interest Period Loans (or in the case of an Interest Period Loan with an Interest Period of more than 90 days’ duration, on each quarterly anniversary of the first day of such Interest Period) or, in arrears on the first day of each month with respect to Base Rate Loans, and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable interest accrued on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable in arrears on the U.S. Revolver Commitment Termination Date, and interest accrued on the U.K. Revolver Loans shall be due and payable in arrears on the U.K. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Callaway Golf Co)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest as follows: (i) if a Canadian BA Rate Loan, at the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate Loan; (ii) if a Canadian Prime Rate Revolver Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such for Canadian Prime Rate Loan; Revolver Loans; (iiiii) if a Canadian Base BA Rate Revolver Loan, at the Canadian Base BA Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; (iv) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and for Canadian BA Rate Revolver Loans; (viii) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Revolver Loans. The UK Facility Obligations shall bear interest ; (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (iiv) if a U.S. Base Rate Revolver Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such for U.S. Base Rate Loan; Revolver Loans; (iiv) if a LIBOR U.S. Term SOFR Loan, at LIBOR Term SOFR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Term SOFR Loans; and and (iiivi) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower Xxxxxxxx acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Revolver Loan is advanced or other Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Revolver Loans shall be due and payable in arrears, (i) (A) in the case of Floating Rate Loans, on the first day of each month or (B) in the case of Interest Period Loans, on the last day of each Interest Period; provided that in the case of Interest Period Loans with an Interest Period equal to or greater than (3) months in duration, interest shall be due and payable at three (3) month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period; (ii) on any date of prepayment, with respect to the principal amount of Revolver Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable on the UK Revolver Commitment Termination Date ; and (iii) U.S. Revolver Loans shall be due and payable on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Loan Agreement (Guess Inc)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Revolver Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin, (ii) if a LIBOR Revolver Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining plus with respect to such Canadian BA Rate any U.K. Revolver Loan that is a LIBOR Loan, any Mandatory Costs; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Margin, (v) if a Canadian BA Rate Loan, at the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if a U.K. Base Rate Loan; , at the U.K. Base Rate in effect from time to time, plus the Applicable Margin, (ivvii) if a Base Rate Term Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin, (viii) if a LIBOR Term Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin, (ix) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Revolver Loans; and (vx) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iiixi) if any other UK U.K. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK U.K. Base Rate in effect from time to time, plus the Applicable Margin for UK U.K. Base Rate Loans. The U.S. Facility Obligations Interest shall bear interest (i) if a U.S. Base Rate Loanaccrue from the date the Loan is advanced or the Obligation is incurred or payable, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for until paid by the applicable Interest PeriodBorrower(s). If a Loan is repaid on the same day made, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, one day’s interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansshall accrue. (b) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars, Canadian Dollars, British Pounds or Euro, as the case may be) of the underlying Revolver Loan (which shall be Dollars only in the case of any U.K. Base Rate Loan). (c) During an Insolvency Proceeding with respect to any BorrowerObligor, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower Obligor acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Agent and Lenders for this. (cd) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last day of the relevant Interest Period with respect to Interest Period Loans (or in the case of an Interest Period Loan with an Interest Period of more than 90 days’ duration, on each quarterly anniversary of the first day of such Interest Period) or, in arrears on the first day of each month with respect to Base Rate Loans, and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable interest accrued on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable in arrears on the U.S. Revolver Commitment Termination Date, and interest accrued on the U.K. Revolver Loans shall be due and payable in arrears on the U.K. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Callaway Golf Co)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a Canadian BA U.S. Base Rate Loan, at the Canadian BA U.S. Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiiii) if a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; Margin, (iiiiv) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; Margin, (ivv) if a LIBOR Canadian BA Rate Loan, at LIBOR the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin, (vi) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such LIBOR Loanfor U.S. Base Rate Loans; and (vvii) if any other Canadian Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations shall bear interest (i) if a UK Base Rate Loan, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loans. (b) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars or Canadian Dollars, as the case may be) of the underlying Revolver Loan. (c) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (cd) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last day of the relevant Interest Period with respect to Interest Period Loans or, in arrears on the first day of each month with respect to Base Rate Loans and Canadian Prime Rate Loans, and (ii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i) Canadian Revolver Loans shall be due and payable in arrears on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable interest accrued on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable in arrears on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest as follows: (i) if in the case of a Base Rate Loan, at the Base Rate in effect from time to time for the applicable currency, plus the Applicable Margin for such Base Rate Loan; (ii) in the case of a Canadian BA Rate Loan, at the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin pertaining to such for Canadian BA Rate Loan; Loans; (iiiii) if in the case of a Canadian Prime Rate Loan, at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such for Canadian Prime Rate Loan; Loans; (iiiiv) if in the case of a Canadian Base Rate Term SOFR Loan, at the Canadian Base Rate in effect from time a rate equal to time, plus the Applicable Margin pertaining to such Canadian Base Rate Loan; (iv) if a LIBOR Loan, at LIBOR Term SOFR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and for Term SOFR Loans; (v) if any other Canadian Facility Obligation (includingin the case of an Alternative Currency Daily Rate Loan, at a rate equal to the extent permitted by law, interest not paid when due), at the Canadian Prime Alternative Currency Daily Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Alternative Currency Daily Rate Loans. The UK Facility Obligations shall bear interest ; and (ivi) if a UK Base in the case of an Alternative Currency Term Rate Loan, at a rate equal to the UK Base Alternative Currency Term Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR for Alternative Currency Term Rate Loans. Interest shall accrue from the date the Loan is advanced or the Obligation becomes payable, until paid by the applicable Borrower(s), and shall in no event be less than zero at any time. If a Loan is repaid on the same day made, one day’s interest shall accrue. (b) Interest on Loans shall be payable in the currency of the underlying Loan; and . (iiic) if If all or a portion of (i) the principal amount of any Loan or (ii) any interest payable thereon shall not be paid when due (whether at the stated maturity, by acceleration or otherwise) or any other UK Facility Obligation amounts shall not be paid when due hereunder, such overdue amount shall bear interest (includingincluding post-petition interest during the pendency of any Insolvency Proceeding) at a rate per annum that is (x) in the case of overdue principal, the Default Rate or (y) in the case of any overdue interest or other amounts not paid when due hereunder, to the extent permitted by lawApplicable Law, the Default Rate from and including the date of such non-payment to but excluding the date on which such amount is paid in full (after as well as before judgment). Payment or acceptance of the increased rates of interest provided for in this Section 3.1.1 is not paid when due), at the UK Base Rate in effect from time a permitted alternative to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations timely payment of amounts due hereunder and shall bear interest (i) if not constitute a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if waiver of any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate LoansEvent of Default or otherwise prejudice or limit any rights or remedies of Agent or any Lender. (bd) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) for any Base Rate Loan or Canadian Prime Rate Loan, quarterly on the first day of each January, April, July and October for the preceding quarter; (ii) for any Interest Period Loan, in arrears on the last day of each Interest Period (provided, however, that if such Interest Period exceeds three months, at the end of each period of three months), (iii) for any Alternative Currency Daily Rate Loans, monthly in arrears on the first day of each month and (iiiv) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the (i1) Canadian Revolver Multicurrency Facility Loans shall be due and payable in arrears on the Canadian Revolver Multicurrency Facility Commitment Termination Date, Date and (ii2) UK Revolver US Facility Loans shall be due and payable in arrears on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable on the U.S. Revolver US Facility Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest on Obligations accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

Rates and Payment of Interest. (a) The Canadian Facility Obligations shall bear interest (i) if a U.S. Revolver Loan that is a Base Rate Loan, at the Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a U.S. Revolver Loan that is a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; (iii) if a Canadian Revolver Loan that is a Canadian Prime Rate Loan, at the Canadian Prime Rate, in effect from time to time, plus the Applicable Margin; (iv) if a Canadian Revolver Loan that is a Canadian BA Rate Loan, at the Canadian BA Rate for the applicable Interest Period, plus the Applicable Margin pertaining to such Canadian BA Rate LoanMargin; (iiv) if a Canadian Prime Rate Loanany other U.S. Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian Prime Rate Loan; (iii) if a Canadian Base Rate Loan, at the Canadian Base Rate in effect from time to time, plus the Applicable Margin pertaining to such Canadian for Base Rate Loan; (iv) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR LoanLoans; and (vvi) if any other Canadian Facility Obligation that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the Canadian Prime Rate in effect from time to time, plus the Applicable Margin for Canadian Prime Rate Loans. The UK Facility Obligations Interest shall bear interest (i) if a UK Base Rate Loanaccrue from the date the Loan is advanced or the Obligation is incurred or payable, at the UK Base Rate in effect from time to time, plus the Applicable Margin pertaining to such UK Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for until paid by Borrowers of the applicable Interest PeriodBorrower Group. If a Loan is repaid on the same day made, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other UK Facility Obligation (including, to the extent permitted by law, one day’s interest not paid when due), at the UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. The U.S. Facility Obligations shall bear interest (i) if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin pertaining to such U.S. Base Rate Loan; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin pertaining to such LIBOR Loan; and (iii) if any other U.S. Facility Obligation (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for U.S. Base Rate Loansaccrue. (b) Interest on the Revolver Loans shall be payable in the currency (i.e., Dollars or Canadian Dollars, as the case may be) of the underlying Revolver Loan. (c) During an Insolvency Proceeding with respect to any BorrowerObligor, or during any other Event of Default Default, if Agent or Required U.S. Lenders or Required Canadian Lenders, as applicable, in their discretion so elect, Borrower Group Obligations of the applicable Borrower Group shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Agent and Lenders for this.. \8885650.14 (cd) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. Interest accrued on the Loans shall be due and payable in arrears, (i) for any Base Rate Loan, Canadian Prime Rate Loan or LIBOR Loan, on the first day of each month and month; (ii) for any LIBOR Loan or Canadian BA Rate Loan, on the last day of its Interest Period (and, if such Interest Period is longer than 3 months, on each 3 month anniversary of the making of such LIBOR Loan or Canadian BA Rate Loan); (iii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued ; and (iv) on the (i) Canadian Revolver Loans shall be due and payable on the Canadian Revolver Commitment Termination Date, (ii) UK Revolver Loans shall be due and payable on the UK Revolver Commitment Termination Date and (iii) U.S. Revolver Loans shall be due and payable on the U.S. Revolver Commitment Termination Date. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand. (d) Interest on the Loans shall be payable in the currency of the underlying Revolver Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Spherion Corp)

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