Common use of Terms of the Loan Clause in Contracts

Terms of the Loan. The Loan will bear interest for the period and at the rate or rates set forth in the Note, and be payable in accordance with the terms of the Note. The outstanding principal balance, all accrued and unpaid interest and all other sums due and payable under the Note or other Loan Documents, if not sooner paid, shall be paid in full on January 1, 2015 (the “Initial Term Maturity Date”). Provided, however, Lender may at its sole discretion, reset the interest rate on the Loan to a new rate (the “Reset Rate”) to be effective after the Initial Term Maturity Date if the Maturity Date is extended as provided herein. If Lender elects to reset the Interest Rate (as defined in the Note), Lender will, during the 54th to 56th month after the date hereof, provide Borrower with written notice of its intent to do so. The notice will specify the interest rate spread and index, each of which shall be decided by Lender in its sole discretion, that will be used to calculate the Reset Rate. The exact Reset Rate will be disclosed to Borrower during the first two weeks of the 59th full month after the date hereof. Upon receipt of notice of the Reset Rate from Lender, Borrower may either accept the Reset Rate unconditionally or repay the Loan in full on or before the Initial Term Maturity Date. Acceptance of the Reset Rate must be in writing and must be received by the Lender no later than the last day of the 59th full month after the date hereof. Unless Borrower so accepts the Reset Rate, the Loan shall be due and payable, in full, without prepayment premium, on the Initial Term Maturity Date. If the Borrower accepts the Reset Rate, the Maturity Date will be extended to January 1, 2020, and interest will begin to accrue at the Reset Rate commencing on January 1, 2015. Commencing on February 1, 2015, the amount of the monthly payment will be adjusted to reflect the monthly payment of interest (calculated at the Reset Rate) and principal based on a 22 year amortization schedule. Borrower will execute and deliver all documents and instruments reasonably required by Lender to effect such adjustment.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.)

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Terms of the Loan. (a) Lender agrees to extend the Loan to Borrower in order to (i) first, to purchase components and assemble the System, and (ii) second, for working capital purposes. The term of the Loan will bear interest (the "Term") shall be for six months from the date of closing of this transaction (the "Closing Date") or the date on which Correct Solutions pays the for the period System, whichever is earlier. (b) The Parties agree that the Closing Date is to be no later than February 26, 2016 and the Parties will use their best efforts to complete this transaction by the Closing Date or as soon as practicable thereafter. (c) Borrower will pay interest at fourteen percent (14%) annually (the rate or rates set forth in "Interest Rate"), with interest accruing on the Noteoutstanding principal amount beginning on the Closing Date paid monthly, and be payable in accordance interest only, on the tenth day of the month for the previous month, with the terms first payment of the Noteinterest due March 26, 2016. The outstanding principal balance, all accrued and unpaid interest and all other sums due and payable under Upon an Event of Default as defined in the Note or other in this Agreement, the interest rate will increase to 18% (the "Default Rate"). Interest on the Note will accrue at the Default Rate until all defaults have been cured. (d) The outstanding unpaid principal amount of the Loan Documents, if not sooner paid, and all accrued but unpaid interest shall be paid in full on January 1the earlier of: (i) May 26, 2015 2016, or (ii) the “Initial Term Maturity date Correct Solutions pays for the System (in either case, the "Due Date"). ProvidedThe Borrower has the right to repay the principal amount and accrued interest at any time before the Due Date. To the extent that the Lender receives payments from Correct Solutions, however, the Lender may at its sole discretion, reset will apply such payments as described in the interest rate on Note. (e) To evidence the obligation of Borrower to Lender to repay the Loan to a new rate (the “Reset Rate”) to be effective after the Initial Term Maturity Date if the Maturity Date is extended as provided herein. If Lender elects to reset with interest at the Interest Rate (as defined in accordance with the Note), Lender will, during the 54th to 56th month after the date hereof, provide Borrower with written notice provisions of its intent to do so. The notice will specify the interest rate spread and index, each of which shall be decided by Lender in its sole discretion, that will be used to calculate the Reset Rate. The exact Reset Rate will be disclosed to Borrower during the first two weeks of the 59th full month after the date hereof. Upon receipt of notice of the Reset Rate from Lenderthis Agreement, Borrower may either accept the Reset Rate unconditionally or repay the Loan in full on or before the Initial Term Maturity Date. Acceptance of the Reset Rate must be in writing and must be received by the Lender no later than the last day of the 59th full month after the date hereof. Unless Borrower so accepts the Reset Rate, the Loan shall be due and payable, in full, without prepayment premium, on the Initial Term Maturity Date. If the Borrower accepts the Reset Rate, the Maturity Date will be extended to January 1, 2020, and interest will begin to accrue at the Reset Rate commencing on January 1, 2015. Commencing on February 1, 2015, the amount of the monthly payment will be adjusted to reflect the monthly payment of interest (calculated at the Reset Rate) and principal based on a 22 year amortization schedule. Borrower will execute and deliver all documents to Lender at Closing the Note, a form of which is attached as Exhibit C. (f) To secure the Note, Borrower shall execute and instruments reasonably required deliver to Lender at Closing and cause to be filed a UCC-1 Financing Statement, which grants to Lender a perfected first security interest in the Collateral (the "Financing Statement"). (g) Borrower shall have a subordination agreement signed by Lender its existing accounts receivable lender to effect such adjustmentevidence Lender's first lien on the System proceeds.

Appears in 1 contract

Samples: Loan and Security Agreement (Lattice INC)

Terms of the Loan. (a) Lender agrees to extend the Loan to Borrower for business purposes only. Borrower has executed an affidavit of business use of even date. The term of the Loan (the “Term”) shall be for approximately six months from the date of the final funding of the Loan and due on May 2, 2016 (the “Due Date”). (b) The Parties will bear interest for use their best efforts to complete this transaction as soon as practicable. The Parties intend to execute the period Loan Documents on November 2, 2015 and at the rate or rates set forth Lender will place the net proceeds of the Loan in escrow pursuant to the escrow agreement attached as Exhibit A. The Escrow Agent (as defined in the NoteEscrow Agreement) will hold all funds and executed Loan Documents in escrow until the escrow conditions are met. The closing of the transaction (the “Closing”) will take place upon satisfaction of the escrow conditions and release of the net proceeds of the Loan from escrow. (c) Borrower acknowledges that the Lender is making the Loan at a 10% original issue discount. Borrower will pay no additional interest if the entire Principal Amount is paid on or before February 2, 2016. If not paid by February 2, 2016, Borrower will pay interest at fourteen percent (14%) annually (the “Interest Rate”), with interest accruing on the outstanding Principal Amount beginning February 2, 2016, paid monthly, interest only, in arrears, in the amount of $6,766.67 per month, with the first payment due March 2, 2016, and be payable on the second of each month until the outstanding Principal Amount and all accrued but unpaid interest is paid in accordance with the terms full. (d) The outstanding unpaid Principal Amount of the Note. The outstanding principal balance, Loan and all accrued and but unpaid interest and all other sums due and payable under the Note or other Loan Documents, if not sooner paid, shall be paid in full on January 1, 2015 (or before the “Initial Term Maturity Due Date”). Provided, however, Lender may The Borrower has the right to repay the Principal Amount and accrued interest at its sole discretion, reset any time before the interest rate on the Loan to a new rate (the “Reset Rate”) to be effective after the Initial Term Maturity Due Date if the Maturity Date is extended as provided hereinwithout premium or penalty. If Lender elects to reset the Interest Rate In any Event of Default (as defined in the Note), the Interest Rate shall increase to 18%. In the event that the Borrower does not pay the outstanding Principal Amount plus accrued interest by the Due Date, the Borrower will issue to the Lender will, during 2,500,000 shares of the 54th to 56th month after the date hereof, provide Borrower with written notice of its intent to do so. The notice will specify the interest rate spread Borrower’s restricted common stock as a late payment penalty and index, each of which $50,000 shall be decided by added to the Principal Amount and begin accruing interest at the Default Rate. (e) To evidence the obligation of Borrower to Lender in its sole discretion, that will be used to calculate the Reset Rate. The exact Reset Rate will be disclosed to Borrower during the first two weeks of the 59th full month after the date hereof. Upon receipt of notice of the Reset Rate from Lender, Borrower may either accept the Reset Rate unconditionally or repay the Loan in full on or before the Initial Term Maturity Date. Acceptance of the Reset Rate must be in writing and must be received by the Lender no later than the last day of the 59th full month after the date hereof. Unless Borrower so accepts the Reset Rate, the Loan shall be due and payable, in full, without prepayment premium, on the Initial Term Maturity Date. If the Borrower accepts the Reset Rate, the Maturity Date will be extended to January 1, 2020, and with interest will begin to accrue at the Reset Interest Rate commencing on January 1in accordance with the provisions of this Agreement, 2015. Commencing on February 1, 2015, the amount of the monthly payment will be adjusted to reflect the monthly payment of interest (calculated at the Reset Rate) and principal based on a 22 year amortization schedule. Borrower will shall execute and deliver all documents to Lender at Closing the Note, a form of which is attached as Exhibit C. (f) To secure the Note, Borrower shall execute and instruments reasonably required by deliver to Lender at Closing and cause to effect such adjustmentbe filed a UCC-1 Financing Statement, which grants to Lender a perfected first security interest in the Collateral (the “Financing Statement”).

Appears in 1 contract

Samples: Loan and Security Agreement (Lattice INC)

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Terms of the Loan. The Loan will bear interest for the period and at the rate or rates set forth in the Note, and be payable in accordance with the terms of the Note. The outstanding principal balance, all accrued and unpaid interest and all other sums due and payable under the Note or other Loan Documents, if not sooner paid, shall be paid in full on January September 1, 2015 2013 (the “Initial Term Maturity Date”). Provided, however, Lender may at its sole discretion, reset the interest rate on the Loan to a new rate (the “Reset Rate”) to be effective after the Initial Term Maturity Date if the Maturity Date is extended as provided herein. If Lender elects to reset the Interest Rate (as defined in the Note), Lender will, during the 54th 42nd to 56th 44th month after the date hereof, provide Borrower with written notice of its intent to do so. The notice will specify the interest rate spread and index, each of which shall be decided by Lender in its sole discretion, that will be used to calculate the Reset Rate. The exact Reset Rate will be disclosed to Borrower during the first two weeks of the 59th 47th full month after the date hereof. Upon receipt of notice of the Reset Rate from Lender, Borrower may either accept the Reset Rate unconditionally or repay the Loan in full on or before the Initial Term Maturity Date. Acceptance of the Reset Rate must be in writing and must be received by the Lender no later than the last day of the 59th 47th full month after the date hereof. Unless Borrower so accepts the Reset Rate, the Loan shall be due and payable, in full, without prepayment premium, on the Initial Term Maturity Date. If the Borrower accepts the Reset Rate, the Maturity Date will be extended to January September 1, 20202019, and interest will begin to accrue at the Reset Rate commencing on January September 1, 20152013 and interest only payments will continue. Commencing on February October 1, 20152014, the amount of the monthly payment will be adjusted to reflect the monthly payment of interest (calculated at the Reset Rate) and principal based on a 22 25 year amortization schedule. Borrower will execute and deliver all documents and instruments reasonably required by Lender to effect such adjustment.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.)

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