Examples of Weekly Variable Rate in a sentence
Third,pursuant to MLA First Supplement § 5, upon an event of default the Co-Borrowers had no option to choose any interest rate other than the Weekly Variable Rate option.Moreover, the Weekly Variable Rate option is set at the “sole and absolute discretion” ofCoBank, but may not exceed the National Variable Rate.
As CoBank did not calculate any Weekly Variable Rate after the debtor’s default in April 2003, the debtors argue that the Weekly Variable Rate charged to SCCCC, LP should be used.The debtors also note that MLA § 10(D)(i) contains the phrase “in each instance,” which they interpret as requiring that CoBank exercise its rights under thatsubparagraph every time the Co-Borrowers default in tendering a required payment, while subparagraph (ii) applies during the continuance of any event of default.
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The debtors maintain that as CoBank never notified the debtors of any variable rate besides NVAR plus 5.62% in its post-default invoices, which default rate was incorrect, the Weekly Variable Rate charged by7The effective date of the confirmed plan was defined as “twenty (20) Business Days after the date the Confirmation Order becomes a Final Order.” Debtors’ Joint Second Amended Plan, ¶ 2.20.
It appears from the documents in evidence either that the Co-Borrowers elected the Weekly Variable Rate option, or that this option was applied in the absence of any affirmative election.
The debtors argue that the relevant rate should be the non-default “Weekly Variable Rate” from April 23, 2003 through April 28, 2010—the latter date being chosen in the erroneous belief that it is the effective dateof the debtors’ joint confirmed plan.7Alternatively, the debtors contend that the defaultinterest rate should be computed at 2% above the Weekly Variable Rate from April 2003 until January 20, 2009, when the loan matured.
That interest rate was intended under the MLA Supplement to be the Weekly Variable Rate.I disagree, however, with the debtors’ contention that the Weekly Variable Rate should be based upon the rate charged by CoBank to SCCCC, LP.
Notwithstanding the foregoing, ABX shall make commercially reasonable efforts to accommodate DHL’s scheduling requirements as soon as reasonably practicable, with any amendments incorporated into a revised Exhibit G, setting forth the total number of Aircraft to be operated by ABX in performing the Services, the Weekly Base Rate and Weekly Variable Rate, and the amended Flight Schedule.
Issuance of a Firm Commitment is subject to SunTrust CDC’s customary Due Diligence.The interest rate will vary based upon Weekly Variable Rate Demand Bonds.
In the absence of an election provided for herein, the Company shall be deemed to have elected the Weekly Variable Rate Option.