Common use of Interest; Interest Rate; Payment Clause in Contracts

Interest; Interest Rate; Payment. (a) The Note shall bear interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) below) shall be due and payable in cash semi-annually in arrears following the end of each semi-annual period, commencing with the semi-annual period ended June 30, 2006, pro rated for partial periods; PROVIDED, HOWEVER, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E., 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 12 contracts

Sources: Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.), Note Purchase Agreement (Kimberlin Kevin), Note and Warrant Purchase Agreement (Vyteris Holdings (Nevada), Inc.)

Interest; Interest Rate; Payment. (a) The Note shall bear interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) below) shall be due and payable in cash semi-annually in arrears following the end of each semi-annual period, commencing with the semi-annual period ended June 30, 2006, pro rated for partial periods; PROVIDEDprovided, HOWEVERhowever, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E.i.e., 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 10 contracts

Sources: Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.), Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.), Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.)

Interest; Interest Rate; Payment. (a) The Note shall bear interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) below) shall be due and payable in cash semi-annually in arrears following the end of each semi-annual period, commencing with the semi-annual period ended June 30December 31, 2006, pro rated for partial periods; PROVIDEDprovided, HOWEVERhowever, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E.i.e., 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 2 contracts

Sources: Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.), Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.)

Interest; Interest Rate; Payment. (a) The Note shall bear interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-360- day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) below) shall be due and payable in cash semi-annually semiannually in arrears following the end of each semi-annual period, commencing with the semi-annual semiannual period ended June 30, 2006, pro rated for partial periods; PROVIDED, HOWEVER, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E., 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 1 contract

Sources: Note Purchase Agreement (Kimberlin Kevin)

Interest; Interest Rate; Payment. (a) The Note shall bear interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-day 360day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) below) shall be due and payable in cash semi-annually semiannually in arrears following the end of each semi-annual period, commencing with the semi-annual semiannual period ended June 30, 2006, pro rated for partial periods; PROVIDED, HOWEVER, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E., 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 1 contract

Sources: Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.)

Interest; Interest Rate; Payment. (a) The Note shall bear interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) below) shall be due and payable in cash semi-annually in arrears following the end of each semi-annual period, commencing with the semi-annual period ended June 30June30, 2006, pro rated for partial periods; PROVIDED, HOWEVER, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E., I.E. 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 1 contract

Sources: Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.)

Interest; Interest Rate; Payment. (a) The Note shall bear interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-day 360day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) below) shall be due and payable in cash semi-annually semiannually in arrears following the end of each semi-annual period, commencing with the semi-annual semiannual period ended June 30, 2006, pro rated for partial periods; PROVIDED, HOWEVER, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E., I.E. 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 1 contract

Sources: Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.)

Interest; Interest Rate; Payment. (a) The Note shall bear interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) belowblow) shall be due and payable in cash semi-annually semiannually in arrears following the end of each semi-annual period, commencing with the semi-annual period ended June 30, 2006, pro rated for partial periods; PROVIDED, HOWEVER, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E.i.e., 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 1 contract

Sources: Note Purchase Agreement (Kimberlin Kevin)

Interest; Interest Rate; Payment. (a) The Note shall bear bear, interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in clause (b) below) at a rate equal to ten (10%) percent (the "Interest Rate") per annum on a 360-day year. Interest (other than interest accruing as a result of a failure by Seller to pay any amount when due as set forth in subparagraph (b) below) shall be due and payable in cash semi-annually in arrears following the end of each semi-annual period, commencing with the semi-annual period ended June 30, 2006, pro rated for partial periods; PROVIDED, HOWEVER, that any interest accruing on overdue amounts pursuant to subparagraph (b) of this Section 3.3 shall be payable on demand. (b) If all or a portion of the principal amount of the Note or any interest payable thereon shall not be repaid when due whether on the applicable repayment date, by acceleration or otherwise, such overdue amounts shall bear interest at a rate per annum that is three percent (3%) above the Interest Rate (I.E., 13%) from the date of such non-payment until such amount is paid in full (as well after as before judgment). (c) All payments to be made by Seller hereunder or pursuant to the Note shall be made, without setoff or counterclaim, in lawful money of the United States by check or wire transfer in immediately available funds.

Appears in 1 contract

Sources: Note Purchase Agreement (Vyteris Holdings (Nevada), Inc.)