Contingent Interest Clause Samples
A Contingent Interest clause defines a party's right to receive a benefit or interest in property, assets, or proceeds only if certain specified conditions or events occur. In practice, this means that a beneficiary or stakeholder will not have a guaranteed claim unless the triggering event—such as the completion of a project, the death of an individual, or the achievement of a financial milestone—actually happens. This clause is commonly used in wills, trusts, and business agreements to manage expectations and clarify when and how interests are vested. Its core function is to allocate risk and ensure that interests are only granted when predetermined criteria are met, thereby preventing disputes over entitlement.
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Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 10, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 to July 27 and from July 28 to January 27, commencing with the six-month period beginning January 28, 2007, if the average Security Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.125% of the average Security Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date"). Such payments shall be paid on the last day of the relevant Contingent Interest Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date").
Contingent Interest. 87 Section 14.02. Payment of Contingent Interest.................................88 Section 14.03.
Contingent Interest. Beginning with the six-month interest period ending June 14, 2019, the Company will pay contingent interest (“Contingent Interest”) to the Holders of Securities for any six-month interest period from and including an interest payment date to but excluding the next interest payment date, if the average Trading Price of the Securities for each of the five Trading Days ending on the third day immediately preceding the first day of the applicable six-month interest period equals or exceeds 120% of the principal amount of the Securities. For any six-month interest period when Contingent Interest is payable, the Contingent Interest payable on each $1,000 principal amount of Securities shall equal 0.50% per annum of the average Trading Price for $1,000 principal amount of Securities during the five Trading-Day measuring period ending on the third day immediately preceding the first day of applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 4.01 hereof shall be to obtain the Trading Price of the Securities for each of the five Trading Days immediately preceding the first day of each applicable six-month interest period and to provide such information to the Company. The Company shall determine whether Holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 4.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company.
Contingent Interest. 33 Section 4.02. Payment of Contingent Interest...........................................................33 Section 4.03. Contingent Interest Notification.........................................................33 PAGE
Contingent Interest. (a) Contingent interest on the Securities (“Contingent Interest”) shall accrue and the Company shall pay such Contingent Interest to the Holders as follows:
(i) beginning with the six-month interest payment period commencing December 15, 2010:
(A) during any six-month interest payment period with respect to which the average Trading Price for the 10 Trading Days immediately preceding the first day of such six-month interest payment period is greater than or equal to the Upside Trigger, in which case the Contingent Interest payable on each $1,000 Principal Amount for such six-month interest payment period shall be equal to 0.40% per annum of the average Trading Price for the 10 Trading Days immediately preceding the first day of such six-month interest payment period;
(B) during any six-month interest payment period with respect to which the average Trading Price for the 10 Trading Days immediately preceding the first day of such six-month interest payment period is less than or equal to the Downside Trigger, in which case the Contingent Interest payable on each $1,000 Principal Amount for such six-month interest payment period shall be equal to 0.25% per annum of the average Trading Price for the 10 Trading Days immediately preceding the first day of such six-month interest payment period; and
(ii) at any time Securities are outstanding, upon the declaration by the Company’s Board of Directors of an extraordinary cash dividend or distribution to all or substantially all holders of the Company’s Common Stock that the Company’s Board of Directors designates as payable with respect to the Securities (an “Extraordinary Dividend”), in which case (A) Contingent Interest will be payable on the same date as, and in an amount equal to, the dividend or distribution that a Holder would have received had such Holder converted its Securities immediately prior to the record date for the payment of the corresponding dividend or distribution to holders of the Company’s Common Stock and (B) the record date for such Interest shall be the same as the record date for the payment of the corresponding extraordinary dividend or distribution to holders of the Company’s Common Stock.
(b) The Company shall have no obligation to determine the Trading Price of the Securities or to request the Trustee to determine the Trading Price of the Securities unless a Holder of Securities provides the Company with reasonable evidence that the Trading Price of the Securities is greater than or e...
Contingent Interest. Section 14.01.
Contingent Interest. Contingent Interest shall accrue on the unpaid principal amount hereof on and after the Initial Operating Date. Contingent Interest shall be calculated to accrue (each an "Accrual Period") as follows:
(i) in the case of the First Accrual Period, from, and including, the Initial Operating Date to, and including:
a) the end of the First Accrual Period if the principal amount of this Note has not become due and payable; or
b) the date of payment if the principal amount of this Note has become due and payable, whether at stated maturity, upon acceleration, upon any mandatory or optional redemption or otherwise;
(ii) in the case of each Semiannual Period following the First Accrual Period from, but excluding, the end of the First Accrual Period or the end of the immediately preceding Semiannual Period, as applicable, to, and including, the end of each such Semiannual Period if the principal amount of this Note has not become due and payable during such period; and
(iii) in the case of any Interim Period following the First Accrual Period from, but excluding, the end of the First Accrual Period or most recent Semiannual Period, as applicable, to, and including, the date of payment if the principal amount of this Note has become due and payable, whether at stated maturity, upon acceleration, upon any mandatory or optional redemption or otherwise. On each Interest Payment Date after the First Accrual Period, Contingent Interest with respect to the Accrual Period completed immediately prior to that Interest Payment Date shall be in cash; provided, however, that, except as set forth in Section 3.02 hereof, Contingent Interest shall be deferred and shall not be paid unless and until the Authority has satisfied the Release Condition on such Interest Payment Date; provided, however, that the Authority shall not make any payments on an Interest Payment Date unless all amounts due and payable with respect to the Senior Notes on such Interest Payment Date and all prior Interest Payment Dates have been paid in full in cash. If, on any Interest Payment Date after the First Accrual Period, the Authority has not satisfied the Release Conditions, the Contingent Interest which otherwise would have been payable on such Interest Payment Date shall be deferred and shall earn interest on such deferred amount from the date of such deferral to the date such Contingent Interest is paid, at an interest rate of 1.0% per annum. Contingent Interest shall be computed on the basis of a 360-...
Contingent Interest. The Company shall pay Contingent Interest in cash to the Holders in respect of any six-month period from and including June 1 to and including November 30 and from and including December 1 to and including May 31, commencing with the six-month period beginning June 1, 2018, if the average Securities Price for the Applicable Five Trading Day Period with respect to such interest period equals 120% or more of $1,000 principal amount of Securities. The amount of Contingent Interest payable per $1,000 principal amount of Securities in respect of any interest period shall equal 0.375% of the average Securities Price for the Applicable Five Day Trading Period with respect to such interest period. Contingent interest, if any, will accrue from June 1 or December 1, as applicable, and will be payable on the next succeeding December 1 or June 1 interest payment date, as the case may be. Contingent interest will be paid to the person in whose name a Security is registered at the close of business on May 15 or November 15, as the case may be, immediately preceding the relevant interest payment date on which Contingent Interest is payable. All payments of Contingent Interest shall be made in cash. Upon determination that Holders will be entitled to receive Contingent Interest during an interest period, on or prior to the first day of such interest period, the Company shall notify the Trustee and issue a press release through Dow ▇▇▇▇▇ & Company, Inc. or Bloomberg Business News containing such information with respect to the payment of Contingent Interest or publish such information on its web site or through such other public medium as the Company may use at that time.
Contingent Interest. Additional interest (“Contingent Interest”) will accrue on each Note beginning with the period commencing on August 20, 2014 and ending on February 14, 2015, and for each of the six-month periods thereafter commencing on February 15, 2015, if the average Trading Price of the Notes during the Applicable Five-Day Trading Period with respect to such Interest Period equals 120% or more of the principal amount of the Notes. If Contingent Interest accrues during an Interest Period pursuant to the preceding sentence, the amount of Contingent Interest payable with respect to such Interest Period per $1,000 principal amount of Notes shall equal an annual rate of 0.30% of the average Trading Price during the Applicable Five-Day Trading Period with respect to such Interest Period. The Trustee’s sole responsibility pursuant to this Section 4.01 shall be to obtain the Trading Price of the Notes for each Trading Day during the Applicable Five-Day Trading Period and to provide such information to the Company. The Company shall determine whether holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 4.03. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company.
Contingent Interest. The Company shall pay Contingent Interest on the amounts represented by the Secured Series B1 Debentures to the Holder (a) on the Maturity Date of the Secured Series B1 Debentures, if owed, subject to the achievement of the contingencies described herein, (b) if the Company prepays any of the Secured Series B1 Debentures, without regard to the contingencies described herein, as to the amount prepaid, (c) without regard to the contingencies if there is a trade sale, and (d) without regard to the contingences described herein, upon the declaration of a default pursuant to the Secured Series B1 Debentures. Subject to the preceding sentence, Contingent Interest shall not be payable if: the Adjusted EBITDA is less than $ 500,000 for the 12-month period prior to the Maturity Date; provided, however, that if the Adjusted EBITDA is less than $ 500,000, then if the Adjusted EBITDA is in excess of $1,000,000 in the aggregate for the 36-month period immediately prior to the Maturity Date, the Contingent Interest shall be due and payable on the Maturity Date. Notwithstanding the foregoing, if an Event of Default occurs, the Contingent Interest shall be immediately due and payable.