Common use of Rates Applicable After Default Clause in Contracts

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, 2.8 or 2.9, during the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that (i) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Rate in effect from time to time plus 2% per annum; provided that during the continuance of a Default under Sections 7(g) or 7(h), the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances without any election or action on the part of the Administrative Agent or any Lender.

Appears in 3 contracts

Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Idacorp Inc), Term Loan Credit Agreement (Idaho Power Co)

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Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, Section 2.8 or 2.9, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance may be made as, converted into into, or continued as a Eurodollar Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that (ia) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum Maximum Rate, and (iib) each CB Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Rate in effect from time to time plus 2% per annumMaximum Rate; provided that that, during the continuance of a Default under Sections 7(g) Section 7.5 or 7(h)7.6, the interest rates set forth in clauses (ia) and (iib) above shall be applicable to all Advances without any election or action on the part of the Administrative Agent or any Lender.

Appears in 2 contracts

Samples: Credit Agreement (First Cash Financial Services Inc), Credit Agreement (First Cash Financial Services Inc)

Rates Applicable After Default. Notwithstanding anything to the ------------------------------ contrary contained in Sections 2.7, 2.8 Section 2.7 or 2.92.8, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Subsidiary Borrower, declare that no Subsidiary Borrower Advance may be made as, converted into or continued as a Eurodollar Eurocurrency Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Subsidiary Borrower, declare that (i) each Eurodollar Eurocurrency Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum annum, and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.7 or 7(h)7.8, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances Subsidiary Borrower Loans without any election or action on the part of the Administrative Agent or any Lender.

Appears in 2 contracts

Samples: Related Facility Credit Agreement (Qad Inc), Related Facility Credit Agreement (Qad Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, 2.8 or 2.9, during During the continuance of a Default (including the Borrower's failure to pay any Loan when due, whether upon stated maturity, acceleration or otherwise) the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance Borrower (which notice may be made as, converted into or continued as a Eurodollar Advance. During revoked at the continuance option of a Default the Required Lenders may, at their option, by notice notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to the Borrowerchanges in interest rates), declare that (i) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances Advances, fees and other Obligations hereunder without any election or action on the part of the Administrative Agent or any Lender.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Union Electric Co), Five Year Revolving Credit Agreement (Union Electric Co)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, 2.8 or 2.9Section 2.7 and 2.8, during the continuance of a Default or Unmatured Default, the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. During the continuance of a Default Default, the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that (i) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Rate in effect from time to time plus 2% per annum; , provided that during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances Outstanding Credit Extensions to the Borrower without any election or action on the part of the Administrative Agent or any Lender.

Appears in 2 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, 2.8 or 2.9, during During the continuance of a Default (including the Borrower's failure to pay any Loan when due, whether upon stated maturity, acceleration or otherwise) the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance Borrower (which notice may be made as, converted into or continued as a Eurodollar Advance. During revoked at the continuance option of a Default the Required Lenders may, at their option, by notice notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to the Borrowerchanges in interest rates), declare that (i) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances Credit Extensions, Advances, fees and other Obligations hereunder without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Three Year Revolving Credit Agreement (Amerenenergy Generating Co)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, 2.8 or 2.9, during During the continuance of a Default (including the Borrower’s failure to pay any Loan when due, whether upon stated maturity, acceleration or otherwise) the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance Borrower (which notice may be made as, converted into or continued as a Eurodollar Advance. During revoked at the continuance option of a Default the Required Lenders may, at their option, by notice notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to the Borrowerchanges in interest rates), declare that (i) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to during such Interest Period plus 2% per annum and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances Advances, fees and other Obligations hereunder without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Five Year Revolving Credit Agreement (Amerenenergy Generating Co)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7Section 2.9, 2.8 2.10 or 2.92.11, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Eurocurrency Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that (i) each Eurodollar Eurocurrency Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) or 7(h)Section 7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Clarcor Inc)

Rates Applicable After Default. Notwithstanding anything to the ---------------------------------- contrary contained in Sections 2.7, 2.8 Section 2.5 or 2.92.6, during the continuance of a Default or Unmatured Default the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that no Advance Loan may be made as, converted into or continued as a Eurodollar AdvanceLoan. During the continuance of a Default Default, the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that (i) each Eurodollar Advance Loan shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum annum, and (ii) each Floating Alternate Base Rate Advance Loan shall bear interest at a rate per annum equal to the Alternate Base Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.2, 7.5 or 7(h)7.6, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances Loans without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Howmet International Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections Section 2.7, 2.8 or 2.92.10, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the BorrowerBorrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (a) no Advance may be made as, converted into or continued as a Eurodollar Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that Advance and/or (ib) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and and/or (iic) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Rate in effect from time to time plus 2% per annum; provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (ib) and (iic) above shall be applicable to all Advances without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Bemis Co Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7Section 2.9, 2.8 2.10 or 2.92.11, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Eurocurrency Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that (i) each Eurodollar Eurocurrency Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Clarcor Inc)

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Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7Section 2.2.3, 2.8 Section 2.2.4 or 2.92.8, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that (i) each Eurodollar Fixed Rate Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum annum, and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time otherwise applicable to time the Floating Rate Advance plus 2% per annum; annum provided that during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances Credit Extensions without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Amli Residential Properties Trust)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, 2.8 Section 2.9 or 2.92.10, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the BorrowerParent, declare that no Advance may be made as, converted into or continued at the end of the applicable Interest Period as a Eurodollar Eurocurrency Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the BorrowerParent, declare that (ia) each Eurodollar Eurocurrency Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum annum, and (iib) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (ia) and (iib) above shall be applicable to all Advances Credit Extensions without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Cooper Cameron Corp)

Rates Applicable After Default. Notwithstanding anything to the ------------------------------ contrary contained in Sections 2.7, Section 2.8 or 2.9, during the continuance of a Default or Unmatured Default the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that no Advance Loan may be made as, converted into or continued as a Eurodollar AdvanceLoan. During the continuance continuation of a Default Default, the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that (i) each Eurodollar Advance Loan shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and (ii) each Floating Rate Advance Loan shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances Loans without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Nesco Inc/Ok)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, Section 2.8 or 2.9, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that (i) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and annum, (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , and (iii) the LC Fee shall be increased by 2% per annum, provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above and increase in the LC fee set forth in clause (iii) above shall be applicable to all Advances Credit Extensions without any election or action on the part of the Administrative Agent or any Lender, subject in all events to the limitations of the Maximum Rate.

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, 2.8 Section 2.7 or 2.92.8, during the continuance of a Default or Unmatured Default the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. During the continuance of a Default the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that (i) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above shall be applicable to all Advances without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Kimball International Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7Section 2.8, 2.8 or 2.9, or 2.10 during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower, declare that (i) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and annum, (ii) each Floating Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Floating Rate in effect from time to time plus 2% per annum and (iii) the LC Fee shall be increased by 2% per annum; , provided that that, during the continuance of a Default under Sections 7(g) Section 7.6 or 7(h)7.7, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Advances Credit Extensions without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Gulf Island Fabrication Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Sections 2.7, 2.8 or 2.9Section 2.2, during the continuance of a Default or Event of Default the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. During the continuance of a Default an Event of Default, the Required Lenders Lender may, at their its option, by notice to the Borrower, declare that (ix) each Eurodollar Advance shall bear interest for the remainder of the applicable Interest Period at the rate otherwise applicable to such Interest Period plus 2% per annum and annum, (iiy) each Floating Base Rate Advance shall bear interest at a rate per annum equal to the Alternate Base Rate in effect from time to time plus 2% per annum; , provided that during the continuance of a an Event of Default under Sections 7(gSection 7.1(f) or 7(h(g), the interest rates and fees set forth in the preceding clauses (ix) and (iiy) above shall be applicable to all Advances without any election or action on the part of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Global Payments Inc)

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