Rates and Payment of Interest. (a) The Obligations shall bear interest as follows: (i) in the case of a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for such U.S. Base Rate Loan; (ii) in the case of a European Base Rate Loan, at the European Base Rate in effect from time to time, plus the Applicable Margin for European Base Rate Loans; (iii) in the case of a LIBOR Base Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin for LIBOR Loans; (iv) in the case of any other Dutch Facility Obligation (other than Secured Bank Product Obligations) that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the European Base Rate in effect from time to time, plus the Applicable Margin for European Rate Loans; and (v) in the case of any other U.S. Facility Obligation (other than Secured Bank Product Obligations) 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 for the related U.S. Base Rate Loans. Interest shall accrue from the date the Loan is advanced or the Obligation becomes payable, until paid by the Applicable Borrower(s). If a Loan is repaid on the same day made, one Business Day’s interest shall accrue. (b) Interest on the Revolver Loans shall be payable in the currency of the underlying Revolver Loan. (c) If all or a portion of (i) the principal amount of any Loan, (ii) any interest payable thereon or (iii) following notice from the Agent, any other amounts payable hereunder, in each case, shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest (including 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, to the extent permitted by Applicable 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
Appears in 2 contracts
Samples: Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.), Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.)
Rates and Payment of Interest. (a) The Obligations shall bear interest as follows:
: (i) with respect to each of the Term B Loans, Term C Loans and Term D Loans, 10% per annum will be payable by adding such accrued interest (the “PIK Interest”), to the principal amount of such Loans on the last day of the Fiscal Quarter then ended; provided, that Borrowers may elect, at their option, so long as Excess Availability (as defined in the case of a U.S. Base Rate LoanRevolver Agreement, at the U.S. Base Rate as in effect from time on the date hereof) is not less than $45,000,000, to time, plus the Applicable Margin for pay a portion of such U.S. Base Rate Loan;
interest equal to 5% per annum in cash and (ii) with respect to each of the Term E Loans, the Term F Loans and the Term G Loans, 12% per annum will be payable by adding the PIK Interest to the principal amount of such Loans on the last day of the Fiscal Quarter then ended; provided that the Borrowers may elect at their option, so long as Excess Availability (as defined in the case of a European Base Rate LoanRevolver Agreement, at the European Base Rate as in effect from time to time, plus on the Applicable Margin for European Base Rate Loans;
(iiidate hereof) in the case of a LIBOR Base Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin for LIBOR Loans;
(iv) in the case of any other Dutch Facility Obligation (other is not less than Secured Bank Product Obligations) that is then due and payable (including$45,000,000, to the extent permitted by law, pay a portion of such interest not paid when due), at the European Base Rate equal to 6% per annum in effect from time to time, plus the Applicable Margin for European Rate Loans; and
(v) in the case of any other U.S. Facility Obligation (other than Secured Bank Product Obligations) 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 for the related U.S. Base Rate Loanscash. Interest shall accrue from the date the Loan is Loans are advanced or the Obligation becomes is incurred or payable, until paid by the Applicable Borrower(s). If a Loan is repaid on the same day made, one Business Day’s interest shall accrueBorrowers.
(b) Interest on During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if the Revolver Loans Required Lenders in their discretion so elect, Obligations shall bear interest at a rate equal to the rates set forth in Section 3.1(a) plus 2.0% (the “Default Rate”). To the extent permitted by the Intercreditor Agreement, the Default Rate shall be payable in cash. To the currency extent the Intercreditor Agreement does not permit the Default Rate to be paid in cash, the Default Rate shall be paid in kind by capitalizing such amount to the principal amount of the underlying Revolver LoanLoans on the last day of the Fiscal Quarter then ended. Each Borrower acknowledges that the costs and expenses to each Lender due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable estimate to compensate the Lenders for such added cost and expense.
(c) If all or a portion of Interest accrued on the Loans shall be due and payable in arrears, (i) on the last day of each Fiscal Quarter, (ii) on any date of prepayment, with respect to the principal amount of any Loan, (ii) any interest payable thereon or the Loans being prepaid; and (iii) following notice from on the Agent, Termination Date. Interest accrued on any other amounts Obligations shall be due and payable hereunderas provided in the Loan Documents and, in each caseif no payment date is specified, shall not be paid when due (whether and payable on demand. Notwithstanding the foregoing, interest accrued at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest (including 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, to the extent permitted by Applicable Law, the Default Rate, from shall be due and including the date of such non-payment to but excluding the date payable 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 3.1.1demand.
Appears in 2 contracts
Samples: Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.)
Rates and Payment of Interest. (a) The Obligations Except as otherwise set forth herein, (i) each Eurodollar Rate Loan shall bear interest as follows:
on the unpaid principal amount thereof from the date made through repayment (iwhether by acceleration or otherwise) thereof payable in arrears on each Payment Date at a rate of interest equal to the case of a U.S. Eurodollar Rate for the applicable Interest Period plus the Margin and (ii) each Base Rate Loan, Loan made pursuant to Sections 3.5 or 3.6 shall bear interest on the unpaid principal amount thereof from the date made through repayment (whether by acceleration or otherwise) thereof at a rate of interest equal to the U.S. Base Rate in effect from time to time, time plus the Margin (in each case, the “Applicable Margin for Interest Rate”). In computing interest on any Loan, the date of the making of such U.S. Base Rate Loan;Loan and the last Payment Date with respect to such Loan shall be included, and the date of payment of such Loan shall be excluded.
(iib) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Administrative Agent or Required Lenders in their discretion so elect, Obligations, including any interest payments on the case Loans and any fees or other amounts outstanding hereunder, shall thereafter bear interest (including post-petition interest in any proceeding under the Bankruptcy Code or other applicable bankruptcy laws) at a rate in lieu of a European Base the interest rate otherwise payable hereunder with respect to the applicable Loans, equal to the Eurodollar Rate Loan, at the European Base Rate in effect from time to time, plus the Applicable Margin for European Base Rate Loans;
(iii) in the case of a LIBOR Base Loan, at LIBOR for the applicable Interest PeriodPeriod plus a margin of 5.00% per annum (the “Default Rate”), plus payable on demand to Administrative Agent on behalf of Lender. Each Borrower acknowledges that the cost and expense to Administrative 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. For the avoidance of doubt, during the continuance of both an Insolvency Proceeding and an Event of Default referred to in the preceding sentence, the maximum additional interest under this clause (b) shall be limited to 5.00% per annum in excess of the Applicable Margin for LIBOR Interest Rate (without giving effect to the “Margin” portion of such definition and calculation) otherwise payable hereunder with respect to the applicable Loans;.
(ivc) in the case of any other Dutch Facility Obligation (other than Secured Bank Product Obligations) that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the European Base Rate in effect from time to time, plus the Applicable Margin for European Rate Loans; and
(v) in the case of any other U.S. Facility Obligation (other than Secured Bank Product Obligations) 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 for the related U.S. Base Rate Loans. Interest shall accrue from the date the Loan an Advance is advanced made or the Obligation becomes is incurred or payable, until paid in full by the Applicable Borrower(s)Borrowers. If a Loan is repaid on the same day made, one Business Dayday’s interest shall accrue.
(b) . Interest accrued on the Revolver Loans shall be due and payable by Borrowers in the currency of the underlying Revolver Loan.
(c) If all or a portion of arrears, (i) on the tenth day of each calendar month during the term hereof (each a “Payment Date”); (ii) on any date of prepayment, with respect to the principal amount of any Loan, (ii) any interest payable thereon or Loans being prepaid; and (iii) following notice from on the Agent, any other amounts payable hereunder, in each caseRevolver Termination Date. All computations of interest for Base Rate Loans, shall not be paid when due (whether at made on the stated maturitybasis of a year of 365 or 366 days, by acceleration or otherwise), such overdue amount shall bear interest (including post-petition interest during the pendency of any Insolvency Proceeding) at a rate per annum that is (x) in as the case may be, and actual days elapsed. All other computations of overdue principalfees and interest shall be made on the basis of a 360-day year and actual days elapsed (which results in more fees or interest, as applicable, being paid than if computed on the basis of a 365-day year). Notwithstanding the foregoing, interest accrued at the Default Rate or (y) in the case of any overdue interest, to the extent permitted by Applicable Law, the Default Rate, from shall be due and including the date of such non-payment to but excluding the date payable 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 3.1.1demand.
Appears in 1 contract
Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Rates and Payment of Interest. (a) The Obligations shall bear interest as follows:
(i) in if a Dutch Revolver Loan, at LIBORDaily Simple SOFR, plus the case of Applicable Margin; provided that if LIBORDaily Simple SOFR is unavailable for any reason, Dutch Revolver Loans shall bear interest at the Foreign Base Rate, plus 1.50%; (ii) if a U.S. Base Rate Revolver Loan, at LIBORDaily Simple SOFR, plus the Applicable Margin; provided that if LIBORDaily Simple SOFR is unavailable for any reason, U.S. Revolver Loans shall bear interest at the U.S. Base Rate in effect from time to timeRate, plus the Applicable Margin for such U.S. Base Rate Loan;
(ii) in the case of a European Base Rate Loan0.50%, at the European Base Rate in effect from time to time, plus the Applicable Margin for European Base Rate Loans;
(iii) in the case of a LIBOR Base Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin for LIBOR Loans;
(iv) in the case of if any other Dutch Facility Obligation (other than Secured Bank Product Obligations) that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the European Base Rate LIBORDaily Simple SOFR in effect from time to time, plus the Applicable Margin for European Rate Dutch Revolver Loans; and
provided that if LIBORDaily Simple SOFR is unavailable for any reason, such Dutch Obligations shall bear interest at the Foreign Base Rate, plus 1.50%, and (vvi) in the case of if any other U.S. Facility Obligation (other than Secured Bank Product Obligations) that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the U.S. Base Rate LIBORDaily Simple SOFR in effect from time to time, plus the Applicable Margin for U.S. Revolver Loans; provided that if LIBORDaily Simple SOFR is unavailable for any reason, such U.S. Obligations shall bear interest at the related U.S. Base Rate, plus 0.50%.
(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 and notify the Borrower Agent in writing, Obligations shall bear interest at the Default Rate Loans(whether before or after any judgment), payable on demand. (c) Interest shall accrue from the date the a Revolver Loan is advanced or the Obligation becomes is incurred or payable, until paid in full by the Applicable Borrower(s)Borrowers, and shall in no event be less than zero at any time. If a Loan is repaid on the same day made, one Business Day’s interest shall accrue.
(b) Interest accrued on the Revolver Loans shall be due and payable in the currency of the underlying Revolver Loan.
(c) If all or a portion of arrears, (i) on the first day of each month; (ii) on any date of prepayment, with respect to the principal amount of any Loan, (ii) any interest payable thereon or being prepaid; and (iii) following notice from on the Agent, Commitment Termination Date. Interest accrued on any other amounts Obligations shall be due and payable hereunder, in each case, shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest (including post-petition interest during the pendency of any Insolvency Proceeding) at a rate per annum that is (x) as provided in the case of overdue principalapplicable agreements or, the Default Rate or (y) in the case of any overdue interestif no payment date is specified, to the extent permitted by Applicable 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 3.1.1demand.
Appears in 1 contract
Samples: Loan and Security Agreement (Super Micro Computer, Inc.)
Rates and Payment of Interest. (a) The Obligations shall bear interest as follows:
(i) in the case of if a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for such U.S. Base Rate Loan;
Margin; (ii) in if an Interest Period Loan, at the case of applicable Eurocurrency Rate for the applicable Interest Period, plus the Applicable Margin; (iii) if a European Foreign Base Rate Loan, at the European Foreign Base Rate in effect from time to time, plus the Applicable Margin for European Base Margin; (iv) if an Australian Bank Xxxx Rate Loans;
(iii) in the case of a LIBOR Base Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin for LIBOR Loans;
(iv) in the case of any other Dutch Facility Obligation (other than Secured Australian Bank Product Obligations) that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the European Base Xxxx Rate in effect from time to time, plus the Applicable Margin for European Rate LoansMargin; and
(v) in the case of if any other U.S. Facility Obligation (other than Secured Bank Product Obligationsexcept as provided in Section 3.2.2(a) that is then due and payable (but 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 the related U.S. Base Rate Loans; and (vi) if any other Foreign Facility Obligation (except as provided in Section 3.2.2(b) but including, to the extent permitted by law, interest not paid when due), at the Foreign Base Rate in effect from time to time, plus the Applicable Margin for Foreign Base Rate Loans. Interest on the Loans shall be payable in the currency (i.e., Dollars, Euros, Australian Dollars or Sterling, as the case may be) of the underlying Loan.
(b) During any Event of Default under Section 11.1(a) or 11.1(h), or during any other Event of Default if Agent or Required Lenders in their discretion so elect after written notice to Borrowers Agents, the 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 the a Loan is advanced or the Obligation becomes is incurred or payable, until paid in full by the Applicable Borrower(s)applicable Borrowers. If a Loan is repaid on the same day made, one Business Dayday’s interest shall accrue.
(b) . Interest accrued on the Revolver Loans shall be due and payable in the currency of the underlying Revolver Loan.
(c) If all or a portion of arrears, (i) for any Base Rate Loan, on the first day of each month; (ii) for any Australian Bank Xxxx Rate Loan or Interest Period Loan, on the last day of its Interest Period; and (iii) on any date of prepayment, with respect to the principal amount of any LoanLoans being prepaid. In addition, (ii) any interest accrued on the Foreign Loans shall be due and payable thereon or (iii) following notice from on the AgentForeign Revolver Commitment Termination Date, and interest accrued on the U.S. Loans shall be due and payable on the U.S. Revolver Commitment Termination Date. Interest accrued on any other amounts Obligations shall be due and payable hereunderas provided in the Loan Documents and, in each caseif no payment date is specified, shall not be paid when due (whether and payable on demand. Notwithstanding the foregoing, interest accrued at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest (including 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, to the extent permitted by Applicable Law, the Default Rate, from shall be due and including the date of such non-payment to but excluding the date payable 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 3.1.1demand.
Appears in 1 contract
Samples: Loan Agreement (Hyster-Yale Materials Handling, Inc.)
Rates and Payment of Interest. (a) The Obligations Except as otherwise set forth herein, (i) each Eurodollar Rate Loan shall bear interest on the unpaid principal amount thereof from the date made through repayment (whether by acceleration or otherwise) thereof payable in arrears on each Payment Date at a rate of interest equal to the Eurodollar Rate for the applicable Interest Period plus the Margin, (ii) each Fixed Rate Loan shall bear interest on the unpaid principal amount thereof from the date made through repayment (whether by acceleration or otherwise) thereof payable in arrears on each Payment Date at a rate of interest equal to the Weighted Average Life Swaps as follows:
(i) determined by the Administrative Agent as of the date each Fixed Rate Loan is advanced by the Lenders and as set forth in the case of a U.S. related Underlying Financing Specifications (the “Fixed Rate”) plus the Margin and (iii) each Base Rate Loan, Loan made pursuant to Sections 3.5 or 3.6 shall bear interest on the unpaid principal amount thereof from the date made through repayment (whether by acceleration or otherwise) thereof at a rate of interest equal to the U.S. Base Rate in effect from time to time, time plus the Margin (in each case, the “Applicable Margin for Interest Rate”). In computing interest on any Loan, the date of the making of such U.S. Base Rate Loan;Loan and the last Payment Date with respect to such Loan shall be included, and the date of payment of such Loan shall be excluded.
(iib) During an Insolvency Proceeding with respect to any Borrower, or during any other Event of Default if Administrative Agent or Required Lenders in their discretion so elect, Obligations, including any interest payments on the case Loans and any fees or other amounts outstanding hereunder, shall thereafter bear interest (including post-petition interest in any proceeding under the Bankruptcy Code or other applicable bankruptcy laws) at a rate in lieu of a European Base the interest rate otherwise payable hereunder with respect to the applicable Loans, equal to the Eurodollar Rate Loan, at the European Base Rate in effect from time to time, plus the Applicable Margin for European Base Rate Loans;
(iii) in the case of a LIBOR Base Loan, at LIBOR for the applicable Interest PeriodPeriod plus a margin of 5.00% per annum (the “Default Rate”), plus payable on demand to Administrative Agent on behalf of Lender. Each Borrower acknowledges that the cost and expense to Administrative 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. For the avoidance of doubt, during the continuance of both an Insolvency Proceeding and an Event of Default referred to in the preceding sentence, the maximum additional interest under this clause (b) shall be limited to 5.00% per annum in excess of the Applicable Margin for LIBOR Interest Rate (without giving effect to the “Margin” portion of such definition and calculation) otherwise payable hereunder with respect to the applicable Loans;.
(ivc) in the case of any other Dutch Facility Obligation (other than Secured Bank Product Obligations) that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the European Base Rate in effect from time to time, plus the Applicable Margin for European Rate Loans; and
(v) in the case of any other U.S. Facility Obligation (other than Secured Bank Product Obligations) 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 for the related U.S. Base Rate Loans. Interest shall accrue from the date the Loan an Advance is advanced made or the Obligation becomes is incurred or payable, until paid in full by the Applicable Borrower(s)Borrowers. If a Loan is repaid on the Amended & Restated Loan Agreement (PF) same day made, one Business Dayday’s interest shall accrue.
(b) . Interest accrued on the Revolver Loans shall be due and payable by Borrowers in the currency of the underlying Revolver Loan.
(c) If all or a portion of arrears, (i) on the tenth day of each calendar month during the term hereof (each a “Payment Date”); (ii) on any date of prepayment, with respect to the principal amount of any Loan, (ii) any interest payable thereon or Loans being prepaid; and (iii) following notice from on the AgentRevolver Termination Date. All computations of interest for Base Rate Loans and Fixed Rate Loans shall be made on the basis of a year of 360 days, any and actual days elapsed. All other amounts payable hereundercomputations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed (which results in more fees or interest, in each caseas applicable, shall not be being paid when due (whether than if computed on the basis of a 365-day year). Notwithstanding the foregoing, interest accrued at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest (including 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, to the extent permitted by Applicable Law, the Default Rate, from shall be due and including the date of such non-payment to but excluding the date payable 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 3.1.1demand.
Appears in 1 contract
Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Rates and Payment of Interest. (a) The Obligations shall bear interest as follows:
(i) in the case of if a U.S. Base Rate Loan that is a Non-FILO U.S. Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for such Non-FILO U.S. Base Rate Loan;
Loans; (ii) in the case of if an Interest Perioda Term SOFR Loan that is a European Base Rate Non-FILO U.S. Loan, at the European applicable Eurocurrency RateTerm SOFR for the applicable Interest Period, plus the Applicable Margin for Non-FILO U.S. Loans; (iii) if a U.S. Base Rate Loan that is a FILO Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for European Base Rate FILO Loans;
; (iiiiv) in the case of if a LIBOR Base Term SOFR Loan that is a FILO Loan, at LIBOR Term SOFR for the applicable Interest Period, plus the Applicable Margin for LIBOR FILO Loans;
; (ivv) in if a EURIBOR Loan, at EURIBOR for the case of any other Dutch Facility Obligation applicable Interest Period, plus the Applicable Margin; (other than Secured Bank Product Obligationsvi) that is then due and payable (including, to the extent permitted by law, interest not paid when due)if a Foreign Base Rate Loan, at the European Foreign Base Rate in effect from time to time, plus the Applicable Margin for European Margin; (ivvii) if an Australian Bank Bill Rate LoansLoan, at the Australian Bank Bill Rate in effect from time to time, plus the Applicable Margin; and
(vvviii) in the case of if any other U.S. Facility Obligation (other than Secured Bank Product Obligationsexcept as provided in Section 3.2.2(a) that is then due and payable (but 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 that are Non-FILO U.S. Loans; and (viix) if any other Foreign Facility Obligation (except as provided in Section 3.2.2(b) but including, to the related U.S. extent permitted by law, interest not paid when due), at the Foreign Base Rate in effect from time to time, plus the Applicable Margin for Foreign Base Rate Loans. Interest on the Loans shall be payable in the currency (i.e., Dollars, Euros, Australian Dollars or Sterling, as the case may be) of the underlying Loan.
(b) During any Event of Default under Section 11.1(a) or 11.1(h), or during any other Event of Default if Agent or Required Lenders in their discretion so elect after written notice to Borrowers Agents, the 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 the a Loan is advanced or the Obligation becomes is incurred or payable, until paid in full by the Applicable Borrower(s)applicable Borrowers. If a Loan is repaid on the same day made, one Business Dayday’s interest shall accrue.
(b) . Interest accrued on the Revolver Loans shall be due and payable in the currency of the underlying Revolver Loan.
(c) If all or a portion of arrears, (i) for any Base Rate Loan, on the first day of each month; (ii) for any Australian Bank Bill Rate Loan or Interest Period Loan, on the last day of its Interest Period; and (iii) on any date of prepayment, with respect to the principal amount of any LoanLoans being prepaid. In addition, (ii) any interest accrued on the Foreign Loans shall be due and payable thereon or (iii) following notice from on the AgentForeign Revolver Commitment Termination Date, and interest accrued on the Non-FILO U.S. Loans shall be due and payable on the U.S. Revolver Commitment Termination Date and interest accrued on the FILO Loans shall be due and payable on the FILO Commitment Termination Date. Interest accrued on any other amounts Obligations shall be due and payable hereunderas provided in the Loan Documents and, in each caseif no payment date is specified, shall not be paid when due (whether and payable on demand. Notwithstanding the foregoing, interest accrued at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest (including 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, to the extent permitted by Applicable Law, the Default Rate, from shall be due and including the date of such non-payment to but excluding the date payable 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 3.1.1demand.
Appears in 1 contract
Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)
Rates and Payment of Interest. (a) The Obligations shall bear interest as follows:
(i) in the case of a U.S. US Base Rate Loan, at the U.S. US Base Rate in effect from time to time, plus the Applicable Margin for such U.S. US Base Rate Loan;
(ii) in the case of a European Base Rate Loan, at the European Base Rate in effect from time to time, plus the Applicable Margin for European Base Rate Loans;
(iii) in the case of a LIBOR Base Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin for LIBOR Loans;; and
(iv) in the case of a EURIBOR Loan, at EURIBOR for the applicable Interest Period, plus the Applicable Margin for EURIBOR Loans.
(b) Interest on the Loans shall be payable in the currency of the Loan.
(c) During an Insolvency Proceeding with respect to any Loan Party, or during any other Dutch Facility Obligation (other than Secured Bank Product Obligations) that is then due and payable Event of Default if Required Lenders so elect, any principal of, or interest (including, to the extent permitted by law, interest not paid when due) on, any Loan or any fees or other amount payable hereunder not paid when due, whether at stated maturity, upon acceleration or otherwise, shall, in each case of the foregoing to the extent of the applicable overdue amount, bear interest at the Default Rate (whether before or after any judgment), at the European Base Rate in effect from time to time, plus the Applicable Margin for European Rate Loans; and
(v) and in the case of the fees payable under Section 3.2.2, such fees shall be increased by two percent (2%) per annum, and in each case shall be payable when due hereunder or earlier on written demand. Payment or acceptance of the increased rates of interest provided for in this Section 3.1.1 is not a permitted alternative to timely payment and shall not constitute a waiver of any other U.S. Facility Obligation Event of Default or otherwise prejudice or limit any rights or remedies of Agent or any Lender.
(other than Secured Bank Product Obligationsd) 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 for the related U.S. Base Rate Loans. Interest shall accrue from the date the Loan is advanced or the Obligation is incurred or becomes payable, until paid in full in cash by the Applicable applicable Borrower(s). If a Loan is repaid on the same day made, one (1) Business Day’s interest shall accrue.
(b) . Interest accrued on the Revolver Loans shall be is due and payable in the currency of the underlying Revolver Loan.
(c) If all or a portion of arrears (i) on each Interest Payment Date; (ii) concurrently with prepayment of any LIBOR Loan or EURIBOR Loan, with respect to the principal amount of any Loan, (ii) any interest payable thereon or being prepaid; and (iii) following notice from on the Agent, applicable Termination Date. Interest accrued on any other amounts Obligations shall be due and payable hereunder, in each case, shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest (including post-petition interest during the pendency of any Insolvency Proceeding) at a rate per annum that is (x) as provided in the case of overdue principalapplicable agreements or, the Default Rate or (y) in the case of any overdue interestif no payment date is specified, to the extent permitted by Applicable 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 3.1.1written demand.
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Samples: Loan and Security Agreement (Computer Task Group Inc)
Rates and Payment of Interest. (a) The Obligations shall bear interest as follows:
(i) in the case of a U.S. Base Rate Loan, at the U.S. Base Rate in effect from time to time, plus the Applicable Margin for such U.S. Base Rate Loan;
(ii) in the case of a European Base Rate LIBOR Revolver Loan, at the European Base Rate in effect from time a rate equal to time, plus the Applicable Margin for European Base Rate Loans;
(iii) in the case of a LIBOR Base Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin for such LIBOR Revolver Loans;; and
(iviii) in the case of any other Dutch Facility Obligation (other than Secured Bank Product Obligations) that is then due and payable (including, to the extent permitted by law, interest not paid when due), at the European Base Rate in effect from time to time, plus the Applicable Margin for European Rate Loans; and
(v) in the case of any other U.S. Facility Obligation (other than Secured Bank Product Obligations) 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 for the related U.S. Base Rate Loans. Interest shall accrue from the date the Loan is advanced or the Obligation becomes payable, until paid by the Applicable 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 Business Dayday’s interest shall accrue.
(b) Interest on the Revolver Loans shall be payable in the currency of the underlying Revolver LoanDollars.
(c) If all or a portion of (i) the principal amount of any Loan, Loan or (ii) any interest payable thereon or (iii) following notice from the Agent, any other amounts payable hereunder, in each case, shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest (including 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 interestinterest or other amounts not paid when due hereunder, to the extent permitted by Applicable Law, the Default Rate, 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 3.1.13.1.1 is not a permitted alternative to timely payment of amounts due hereunder and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of the Agent or any Lender.
(d) Interest accrued on the Loans shall be due and payable in arrears, (i) for any Base Rate Loan, quarterly on the first day of each January, April, July and October for the preceding quarter; (ii) for any LIBOR Loan, on the last day of its Interest Period (and, if its Interest Period exceeds three months, at the end of each period of three months) and (iii) on any date of prepayment, with respect to the principal amount of Loans being prepaid. In addition, interest accrued on the Revolver Loans shall be due and payable in arrears on the 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.
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