Before and After Judgment Interest. Notwithstanding the foregoing, if an Event of Default shall have occurred and be continuing, the Loans shall bear interest, after as well as before judgment: (a) subject to Section 2.5(2)(b), at a rate per annum equal to ●% plus the rate otherwise applicable to such Loan or, in the case of any amount not constituting principal or interest on a Loan, at a rate equal to ●% plus the rate otherwise applicable to, in the case of Canadian Dollar amounts, Canadian Prime Loans, or in the case of U.S. Dollar amounts, Base Rate Loans; (b) if (i) a Security Document creates a mortgage on real property or a hypothec on immovables, or (ii) the rate provided for in Section 2.5(2)(a) is otherwise determined to be unenforceable, then, in either case, at a rate per annum equal to the rate otherwise applicable to such Loan or, in the case of any amount not constituting principal or interest on a Loan, at a rate equal to the rate otherwise applicable to, in the case of Canadian Dollar amounts, Canadian Prime Loans, or in the case of U.S. Dollar amounts, Base Rate Loans; provided that, without limiting the effect of Section 2.5(2)(b)(ii), nothing in Section 2.5(2)(b)(ii) shall preclude the operation of Section 2.5(2) where: (c) a Security Document that creates a mortgage on real property or a hypothec on immovables also creates a Lien on other property and assets; or (d) the principal of or interest on any Loan or any fee or other amount payable by the Borrower hereunder is also secured by a Lien other than a mortgage on real property or a hypothec on immovables.
Appears in 1 contract
Before and After Judgment Interest. Notwithstanding the foregoing, if an Event of Default shall have occurred and be continuingcontinuing and the Required Lenders have passed a resolution initiating the default rate, the Loans shall bear interest, after as well as before judgment:
(a) subject to Section 2.5(2)(b), 2.5(3)(b) at a rate per annum equal to ●2% plus the rate otherwise applicable to such Loan or, in the case of any amount not constituting principal or interest on a Loan, at a rate equal to ●2% plus the rate otherwise applicable to, in the case of Canadian Dollar amounts, Canadian Prime Loans, or in the case of U.S. Dollar amounts, Base Rate Loans;
(b) if (i) a Security Document creates a mortgage on real property or a hypothec on immovables, or (ii) the rate provided for in Section 2.5(2)(a2.5(3)(a) is otherwise determined to be unenforceable, then, in either case, at a rate per annum equal to the rate otherwise applicable to such Loan or, in the case of any amount not constituting principal or interest on a Loan, at a rate equal to the rate otherwise applicable to, in the case of Canadian Dollar amounts, Canadian Prime Loans, or in the case of U.S. Dollar amounts, Base Rate Loans; provided that, without limiting the effect of Section 2.5(2)(b)(ii2.5(3)(b)(ii), nothing in Section 2.5(2)(b)(ii2.5(3)(b)(ii) shall preclude the operation of Section 2.5(22.5(3) where:
(c) a Security Document that creates a mortgage on real property or a hypothec on immovables also creates a Lien on other property and assets; or
(d) the principal of or interest on any Loan or any fee or other amount payable by the Borrower hereunder is also secured by a Lien other than a mortgage on real property or a hypothec on immovablesimmovable. For the avoidance of doubt, if the Required Lenders do not pass a resolution initiating the default rate, the Loans shall continue to bear interest at the rates set out in Section 2.5(1).
Appears in 1 contract
Sources: Credit Agreement (SSR Mining Inc.)
Before and After Judgment Interest. Notwithstanding the foregoing, if an Event of Default shall have occurred and be continuingcontinuing and the Required Lenders have passed a resolution initiating the default rate, the Loans shall bear interest, after as well as before judgment:
(a) subject to Section 2.5(2)(b), 2.5(3)(b) at a rate per annum equal to ●2% plus the rate otherwise applicable to such Loan or, in the case of any amount not constituting principal or interest on a Loan, at a rate equal to ●2% plus the rate otherwise applicable to, in the case of Canadian Dollar amounts, Canadian Prime Loans, or in the case of U.S. Dollar amounts, Base Rate Loans;
(b) if (i) a Security Document creates a mortgage on real property or a hypothec on immovables, or (ii) the rate provided for in Section 2.5(2)(a2.5(3)(a) is otherwise determined to be unenforceable, then, in either case, at a rate per annum equal to the rate otherwise applicable to such Loan or, in the case of any amount not constituting principal or interest on a Loan, at a rate equal to the rate otherwise applicable to, in the case of Canadian Dollar amounts22725645.15 SSRI Credit Agreement ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Canadian ▇▇▇▇▇▇▇▇ Prime Loans, or in the case of U.S. Dollar amounts, Base Rate Loans; provided that, without limiting the effect of Section 2.5(2)(b)(ii2.5(3)(b)(ii), nothing in Section 2.5(2)(b)(ii2.5(3)(b)(ii) shall preclude the operation of Section 2.5(22.5(3) where:
(c) a Security Document that creates a mortgage on real property or a hypothec on immovables also creates a Lien on other property and assets; or
(d) the principal of or interest on any Loan or any fee or other amount payable by the Borrower hereunder is also secured by a Lien other than a mortgage on real property or a hypothec on immovablesimmovable. For the avoidance of doubt, if the Required Lenders do not pass a resolution initiating the default rate, the Loans shall continue to bear interest at the rates set out in Section 2.5(1).
Appears in 1 contract
Sources: Credit Agreement (SSR Mining Inc.)