Payments of Principal and Interest. Principal and interest on the Construction Loan shall be payable as follows: (A) On the first Payment Due Date following the date of the Construction Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance of the Construction Note. (B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months. (C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the Initial Maturity Date. (D) If the Extension Requirements have been met, then on the first Payment Due Date following the Initial Maturity Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank the payments of principal and interest required pursuant to Section 2.4(B). (E) If not earlier demanded pursuant to Section 9.3 hereof, the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Date.
Appears in 1 contract
Payments of Principal and Interest. Principal and interest on The Company will pay the Construction Loan shall be payable Trustee, as follows:
(A) On the first Payment Due Date following the date of the Construction NotePaying Agent, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization amount of principal and interest on a hypothetical loan where each Certificated Note (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction Loanother than an Amortizing Note), together with all accrued and unpaid interest due thereon, shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first Payment Due Date following the Initial at its Maturity Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced or upon redemption or repayment of such Note in funds available for immediate use by the Construction Trustee. In the case of an Amortizing Note, the Company will pay the Trustee, as Paying Agent, the principal amount due on such Note is paid on such date, together with interest due thereon, at its Maturity Date or upon redemption or repayment of such Note on such date, together with interest due thereon, at its Maturity Date or upon redemption or repayment of such Note in fullfunds available for immediate use by the Trustee. The Trustee will pay such amount to the holder of such Note at its Maturity Date or upon redemption or repayment of such Note upon presentation and surrender of such Note to the Trustee. Such payment, Borrower shall pay together with payment of interest due at maturity or upon redemption or repayment, will be made in funds available for immediate use by the holder of such Note. Promptly after such presentation and surrender, the Trustee will cancel such Certificated Note in accordance with the terms of the Indenture and deliver it to Bank the Company with a certificate of cancellation. Unless otherwise specified in the applicable Pricing Supplement, all interest payments on a Certificated Note or, in the case of a Certificated Amortizing Note, payments of principal and interest required pursuant (other than interest (or interest and principal) due at maturity or upon redemption or repayment) will be made by check drawn on the Trustee (or another person appointed by the Trustee) and mailed by the Trustee to Section 2.4(B).
the person entitled thereto as provided in such Note and the Indenture; provided, however, that (Ei) If not earlier demanded pursuant the holder of $1,000,000 or more of Notes having the same Interest Payment Date will be entitled to Section 9.3 hereofreceive payment by wire transfer of immediately available funds and (ii) unless otherwise specified in the applicable Pricing Supplement or unless alternative arrangements are made, payments on Notes in a currency other than U.S. dollars will be made by wire transfer of immediately available funds to an account maintained by the payee with a bank located outside the United States and, with respect to clauses (i) and (ii) above, the outstanding holder of such Notes will provide the Trustee with appropriate and timely wire transfer instructions. Promptly after each Regular Record Date, the Trustee will deliver to the Company a written notice specifying the aggregate amount of interest to be paid on all Notes other than an Amortizing Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with maturity or any earlier redemption or repayment date) and the total of such amounts. In the case of Amortizing Notes, the Trustee will provide written notice to the Company specifying the amount of interest and principal balance to be paid on each Amortizing Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with maturity or any earlier redemption or repayment date) and the total of such amounts. Interest at maturity or upon redemption or repayment will be payable to the Construction Loanperson to whom the payment of principal is payable. On or about the first Business Day of each month, together with if applicable, the Trustee will deliver to the Company a written list of principal and interest, to the extent ascertainable, to be paid on all accrued and unpaid Notes including Amortizing Notes maturing or to be redeemed or repaid in the following month, if any. The Trustee, if it is acting as Paying Agent, will be responsible for withholding taxes on interest thereonpaid on Certificated Notes as required by applicable law. If any Interest Payment Date or the Maturity Date or redemption or repayment date of a Fixed Rate Certificated Note is not a Business Day, the payment due on such day shall be due and payable to Bank made on the Extended next succeeding Business Day and no interest shall accrue on such payment for the period from and after such Interest Payment Date. Maturity Date or redemption or repayment date, as the case may be. If any Interest Payment Date or the Maturity Date or redemption or repayment date of a Floating Rate Certificated Note would otherwise fall on a day that is not a Business Day with respect to such Note, the payment due on such day shall be made on the next succeeding day that is a Business Day with respect to such Note with the same effect as if such Business Day were the stated Interest Payment Date, Maturity Date or date of redemption or repayment, as the case may be, except that, in the case of Certificated LIBOR Notes, if such Business Day is in the next succeeding calendar month, such Interest Payment Date, Maturity Date or redemption or repayment date shall be the immediately preceding day that is a Business Day with respect to such Certificated LIBOR Notes.
Appears in 1 contract
Sources: Distribution Agreement (Security Capital Group Inc/)
Payments of Principal and Interest. Principal and interest on the Construction Loan shall be payable as follows:
(Aa) On the first Payment Due Date following the date of the Construction NoteUnless earlier converted, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid exchanged or repaid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan Note Obligations Amount as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, Maturity Date shall be due and payable by the Issuer to Bank the Holder on the Initial Maturity Date.
(Db) If During the Extension Requirements have been metterm of this Note, then interest shall accrue daily on the first Payment Due Outstanding Principal Balance at a rate equal to the Applicable Rate, as of each such date, from, and including, the Issuance Date following to, but not including, the Initial Maturity Date (or such earlier Conversion Date, if applicable). The accrual of interest on this Note as of any date will be calculated based on the Outstanding Principal Balance of this Note as of the Close of Business on the immediately preceding Interest Payment Date or, if there is no preceding Interest Payment Date, on the Issuance Date (in each case, less any amounts previously repaid or converted following such date from and after the date of such repayment or conversion). Interest shall accrue and shall be computed on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank the payments basis of principal and interest required pursuant to Section 2.4(B)a 360-day year composed of twelve (12) thirty (30)-day months.
(Ec) If not earlier demanded pursuant to Section 9.3 hereof, the outstanding principal balance of the Construction Loan, together with all accrued Accrued and unpaid interest thereon, shall be due payable by the Issuer semi-annually in arrears on each Interest Payment Date in cash by wire transfer of immediately available funds to an account designated in writing by H▇▇▇▇▇.
(d) If, at any time, the rate or amount of interest or any other charge payable under this Note should exceed the maximum rate or amount permitted by applicable Law, then for such time as such rate or amount would be excessive, its application shall be suspended and payable there shall be charged instead the maximum rate or amount of interest permitted under such Law, and any excess interest or other charge paid by the Issuer or collected by the Holder shall be refunded to Bank the Issuer or credited against the Outstanding Principal Balance of this Note, at the election of the Holder or as required by applicable Law.
(e) All payments of interest and principal hereunder shall be in lawful money of the United States of America, applied first to interest and thereafter to the Outstanding Principal Balance of this Note. The Issuer may not voluntarily prepay or redeem this Note prior to the Maturity Date without the express written consent of the Holder, in the Holder’s sole discretion.
(f) The Company shall not be required to make any payment of interest or principal hereunder if such payment violates or is prohibited by (in the written opinion of the Company’s outside counsel) any Sanctions; provided, however, that any such payments shall be held in trust (and funds segregated) in a manner deemed compliant with applicable Sanctions by the Company for and on behalf of Holder until such time as the Extended Maturity Dateapplicable payment of interest or principal hereunder is not so prohibited (including as a result of transfer of this Note or an appropriate license having been obtained), in which case the applicable payment shall be promptly (but in any event within two Business Days of the expiration of such prohibition) paid to the applicable Holder.
Appears in 1 contract
Sources: Convertible Promissory Note Purchase Agreement (Roth CH Acquisition IV Co.)
Payments of Principal and Interest. Principal and (a) Payments on Bonds issued as Book-Entry Bonds will be made by or on behalf of the Indenture Trustee to the Clearing Agency or its nominee. Any installment of interest or principal payable on any Definitive Bonds shall be paid to the Person in whose name such Bond (or one or more Predecessor Bonds) is registered at the close of business on the Construction Loan applicable Record Date for such Class and for such Payment Date by either (i) check mailed to such Person's address as it appears in the Bond Register on such Record Date, or (ii) by wire transfer of immediately available funds to the account of a Bondholder, if such Bondholder (A) is the registered holder of Definitive Bonds having an initial principal amount of at least $1,000,000 and (B) has provided the Indenture Trustee with wiring instructions in writing by five Business Days prior to the related Record Date or has provided the Indenture Trustee with such instructions for any previous Payment Date, except for the final installment of principal payable with respect to such Bond (or the Redemption Price for any Bond called for redemption, if such redemption will result in payment of the then entire unpaid principal amount of such Bond), which shall be payable as followsprovided in subsection (b) below of this Section 2.08. A fee may be charged by the Indenture Trustee to a Bondholder of Definitive Bonds for any payment made by wire transfer. Any installment of interest or principal not punctually paid or duly provided for by the Issuer shall be payable as soon as funds are available to the Indenture Trustee for payment thereof, or if Section 5.07 applies, pursuant to Section 5.07.
(b) All reductions in the principal amount of a Bond (or one or more Predecessor Bonds) effected by payments of installments of principal made on any Payment Date shall be binding upon all Holders of such Bond and of any Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, whether or not such payment is Bond on such Bond. The final installment of principal of each Bond (including the Redemption Price of any Bond called for optional redemption, if such optional redemption will result in payment of the entire unpaid principal amount of such Bond) shall be payable only upon presentation and surrender thereof on or after the Payment Date therefor at the Indenture Trustee's presenting office located within the United States of America pursuant to Section 3.02. Whenever the Indenture Trustee expects that the entire remaining unpaid principal amount of any Bond will become due and payable on the next Payment Date other than pursuant to a redemption pursuant to Article X, it shall, no later than two days prior to such Payment Date, telecopy or hand deliver to each Person in whose name a Bond to be so retired is registered at the close of business on such otherwise applicable Record Date a notice to the effect that:
(i) the Indenture Trustee expects that funds sufficient to pay such final installment will be available in the Distribution Account on such Payment Date; and
(ii) if such funds are available, (A) On such final installment will be payable on such Payment Date, but only upon presentation and surrender of such Bond at the first Payment Due Date following the date office or agency of the Construction Note, Bond Registrar maintained for such purpose pursuant to Section 3.02 (the address of which shall be set forth in such notice) and (B) no interest shall accrue on each successive such Bond after such Payment Due Date thereafter until Date. A copy of such form of notice shall be sent to the Advancement Termination Date, and on Bond Insurer by the Advancement Termination Date, Borrower Indenture Trustee. Notices in connection with redemptions of Bonds shall pay be mailed to Bank all accrued and unpaid interest on the outstanding principal balance of the Construction NoteBondholders in accordance with Section 10.02.
(Bc) On Subject to the first foregoing provisions of this Section, each Bond delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Bond shall carry the rights to unpaid principal and interest that were carried by such other Bond. Any checks mailed pursuant to subsection (a) of this Section 2.08 and returned undelivered shall be held in accordance with Section 3.03.
(d) Each Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced Statement, prepared by the Construction Note is paid Indenture Trustee based on the information delivered to the Indenture Trustee by the Master Servicer (based upon the underlying monthly reports of the Servicers), shall be made available by the Indenture Trustee to the Bond Insurer, the Rating Agencies, the Owner Trustee, the Underwriters and each Bondholder as the statement required pursuant to Section 8.06. Neither the Indenture Trustee nor the Paying Agent shall have any responsibility to recalculate, verify or recompute information contained in fullany such tape, Borrower shall pay electronic data file or disk or any such payment date statement delivered by the Servicers to Bank the Master Servicer except to the extent necessary to satisfy all obligations under this Section 2.08(d). Within 90 days after the end of each calendar year, the Indenture Trustee will be required to furnish to each person who at any time during the calendar year was a Bondholder, if requested in writing by such person, a statement containing the information set forth in subclauses (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) of Payment Date Statement, aggregated for such calendar year or the applicable portion thereof during which such person was a principal payment equal Bondholder. Such obligation will be deemed to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal have been satisfied to the principal indebtedness owing under the Construction Loan as extent that substantially comparable information is provided pursuant to any requirements of the Advancement Termination Date, (y) the interest rate during the amortization period is equal Code as are from time to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) monthstime in force.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first Payment Due Date following the Initial Maturity Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank the payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Date.
Appears in 1 contract
Sources: Indenture (American Residential Eagle Bond Trust 1992-2)
Payments of Principal and Interest. Principal and interest on For value received, the Construction Loan shall be payable as follows:
(A) On Borrower promises to pay to the first Payment Due Date following the date order of the Construction Lender the aggregate principal amount outstanding under this Fifth Amended and Restated Loan Agreement and Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance including any increases of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal due to the principal indebtedness owing under addition of PIK Interest (as defined below) (the Construction “Outstanding Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction LoanAmount”), together with all accrued and unpaid interest thereonhereunder on or before December 31, 2033. Interest on the Outstanding Loan Amount shall accrue at the rate of 0.4% per annum and shall be payable annually in arrears on each anniversary of the effective date of this Fifth Amended and Restated Loan Agreement and Note (each such date, an “Interest Payment Date”). Interest shall accrue on the Outstanding Loan Amount beginning on the day on which such amount becomes outstanding or increases either by the advance of the original principal amount of the loan made thereunder by the Lender or by the addition of PIK Interest, and continuing until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The Borrower shall pay all accrued and unpaid interest on this Fifth Amended and Restated Loan Agreement and Note, at the election of the Borrower on each Interest Payment Date (a) by increasing the outstanding principal amount of this Note (“PIK Interest”), (b) in cash to the Lender (“Cash Interest”) or (c) by any combination of (a) and (b). Any interest due on an Interest Payment Date that is not paid by the Borrower as Cash Interest on such Interest Payment Date shall be deemed paid as PIK Interest with no further action required on the part of the Borrower. Following an increase in the Outstanding Loan Amount, either by the advance of the original principal amount of the loan made thereunder by the Lender or by as a result of PIK Interest, this Fifth Amended and Restated Loan Agreement and Note shall bear interest on such increased Outstanding Loan Amount from and after such date until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The amount of interest payable hereunder shall be calculated by reference to the actual number of days elapsed on the basis of a 365-day year. Any payment of interest due and payable on an Interest Payment Date that is not a business day shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first business day occurring after such Interest Payment Due Date following the Initial Maturity Date and interest shall continue to accrue on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction principal amount of this Fifth Amended and Restated Loan Agreement and Note is paid in fulluntil, Borrower and shall pay to Bank the be due and payable on, such business day. All cash payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, hereunder shall be made in the outstanding principal balance lawful money of the Construction Loan, together with United States and in immediately available funds. Any and all payments made hereunder shall be first applied to any accrued and unpaid interest and the balance shall be applied to the Outstanding Loan Amount. The Outstanding Loan Amount may be prepaid at any time in whole or in part without premium or penalty provided that all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Datehereunder is paid in full.
Appears in 1 contract
Payments of Principal and Interest. Principal Interest and interest on the Construction Loan principal under this Note shall be payable as follows:
(Aa) On Except as otherwise provided in this Note, the first Payment Due Date following outstanding Principal Amount shall accrue interest at an annual rate equal to the Interest Rate from the date of the Construction Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter this Note until the entire indebtedness evidenced by the Construction Note Principal Amount is paid in full, Borrower whether at maturity, upon acceleration, by prepayment, or otherwise.
(b) The Company shall pay to Bank accrued interest at the Interest Rate on the Principal Amount in arrears on the last Business Day of each calendar year quarter (i) all each an “Interest Payment Date”), with the first interest payment accrued and unpaid interest on the outstanding principal balance of Principal Amount due on June 30, 2021.
(c) Unless earlier converted into Conversion Shares (as defined below), the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance outstanding Principal and accrued but unpaid interest of this Note will be due and payable by the Company on a monthly amortization of principal May 16, 2022 (the “Maturity Date”).
(d) From and interest on a hypothetical loan where (x) after the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan as of the Advancement Termination Date, (y) the interest rate occurrence and during the amortization period is equal continuance of any Event of Default, the Interest Rate shall automatically be increased to six twenty percent (620.0%) per annum. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided that the Interest as calculated and (z) unpaid at such increased rate during the amortization period is three hundred sixty (360) monthscontinuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default.
(Ce) All computations of interest shall be made on the basis of the actual number of days elapsed in a year of 360 days. Interest shall commence to accrue on the Principal Amount on the Execution Date and shall not accrue on the Principal Amount on the day on which it is paid if payment is made to Lender prior to 12:00 p.m. ET. Any payment of principal on this Note after 12:00 p.m. ET on any Business Day shall be credited against this Note on the next Business Day and interest will continue to accrue until so credited.
(f) All payments made under this Note will be made in lawful money of the United States of America at the principal office of the Company, or at such other place as the Holder may from time to time designate in writing to the Company. Payment will be credited first to accrued interest due and payable, with any remainder applied to Principal.
(g) The agreements made by Company with respect to this Note and the other Transaction Documents are expressly limited so that in no event shall the amount of interest received, charged, or contracted for by Holder exceed the highest lawful amount of interest permissible under the laws applicable to the Loan. If at any time performance of any provision of this Note or the Extension Requirements have not been metother Transaction Documents results in the highest lawful rate of interest permissible under applicable laws being exceeded, then the outstanding principal balance amount of interest received, charged, or contracted for by Holder shall automatically and without further action by any party be deemed to have been reduced to the Construction Loanhighest lawful amount of interest then permissible under applicable laws. If Holder shall ever receive, together with all accrued and unpaid charge, or contract for, as interest, an amount which is unlawful, at Holder’s election, the amount of unlawful interest thereon, shall be due and payable refunded to Bank on the Initial Maturity Date.
Company (Dif actually paid) If or applied to reduce the Extension Requirements have been metthen unpaid Principal Amount. To the fullest extent permitted by applicable laws, then on any amounts contracted for, charged, or received under the first Payment Due Date following Transaction Documents included for the Initial Maturity Date and on each successive Payment Due Date thereafter until purpose of determining whether the entire indebtedness evidenced by Interest Rate would exceed the Construction Note is paid in full, Borrower shall pay to Bank the payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, highest lawful rate shall be due calculated by allocating and payable spreading such interest to Bank on and over the Extended Maturity Datefull stated term of this Note.
Appears in 1 contract
Payments of Principal and Interest. Principal and interest on For value received, the Construction Loan shall be payable as follows:
(A) On Borrower promises to pay to the first Payment Due Date following the date order of the Construction Note, on each successive Payment Due Date thereafter until Lender the Advancement Termination Date, and on aggregate principal amount outstanding (the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction “Outstanding Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction LoanAmount”), together with all accrued and unpaid interest thereonhereunder on or before December 31, 2022, pursuant to this Loan Agreement and Note. Interest on the Outstanding Loan Amount shall accrue at the rate of 0.4% per annum and shall be payable annually in arrears on each anniversary of the effective date of this Loan Agreement and Note (each such date, an “Interest Payment Date”). The Borrower shall pay interest on this Loan Agreement and Note, at the election of the Borrower on each Interest Payment Date (a) by increasing the outstanding principal amount of this Note (“PIK Interest”), (b) in cash to the Lender (“Cash Interest”) or (c) by any combination of (a) and (b), in an aggregate amount equal to the accrued and unpaid interest on the Outstanding Loan Amount on such date. Any interest due on an Interest Payment Date that is not paid by the Borrower as Cash Interest on such Interest Payment Date shall be deemed paid as PIK Interest with no further action required on the part of the Borrower. Following an increase in the Outstanding Loan Amount as a result of PIK Interest, this Loan Agreement and Note shall bear interest on such increased Outstanding Loan Amount from and after the date of such Interest Payment Date. The amount of interest payable hereunder shall be calculated by reference to the actual number of days elapsed on the basis of a 365-day year. Any payment of interest due and payable on an Interest Payment Date that is not a business day shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first business day occurring after such Interest Payment Due Date following the Initial Maturity Date and interest shall continue to accrue on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction principal amount of this Loan Agreement and Note is paid in fulluntil, Borrower and shall pay to Bank the be due and payable on, such business day. All cash payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, hereunder shall be made in the outstanding principal balance lawful money of the Construction Loan, together with United States. Any and all payments made hereunder shall be first applied to any accrued and unpaid interest and the balance shall be applied to the Outstanding Loan Amount. The Outstanding Loan Amount may be prepaid at any time in whole or in part without premium or penalty provided that all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Datehereunder is paid in full.
Appears in 1 contract
Payments of Principal and Interest. On each Distribution Date for each Aames Mortgage Trust in which Borrower has an interest in Excess Spread for which it has received an Advance from Lender hereunder, Lender shall deduct from the amount of Excess Spread payable by Lender to Borrower for the related Distribution Date an amount equal to the Principal and Payment Amount of each Advance plus accrued interest on the Construction Loan shall be payable unpaid balance thereof as follows:
(A) On the first Payment Due Date following the date of the Construction Note, on beginning of each successive Payment Due Date thereafter until Interest Accrual Period for the Advancement Termination Date, and on applicable Interest Accrual Period at the Advancement Termination Date, Applicable Interest Rate. To the extent that the amount of Excess Spread payable to Borrower shall pay to Bank all accrued and unpaid interest on is less than the outstanding principal balance sum of the Construction Note.
(BPrincipal Payment Amount(s) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest each Advance owed for the Interest Accrual Period, Lender shall deliver written notice to Borrower on a hypothetical loan where (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan as Distribution Date of the Advancement Termination Date, (y) amount of the interest rate during the amortization period is equal to six percent (6%) per annumdeficiency, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first Payment Due Date following the Initial Maturity Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank the payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, the outstanding principal balance amount of the Construction Loandeficiency to Lender on or before the Payment Date, together with all in immediately available funds to such account as Lender shall direct. To the extent that the Excess Spread amount owed by Lender to Borrower exceeds the sum of the Principal Payment Amount(s) and accrued and unpaid interest thereonowed on each Advance for the Interest Accrual Period, Lender shall be due and payable pay such excess amount to Bank Borrower on the Extended Maturity Distribution Date.
Appears in 1 contract
Payments of Principal and Interest. Principal and interest on the Construction Loan shall be payable as follows:
(A) On the first Payment Due Date following the date of the Construction Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued Lender a payment of $56,350 on the date hereof, representing interest from the date of funding through September 5, 2004. On October 6, 2004 and unpaid on each Payment Date (as defined herein) thereafter through and including August 6, 2006, ▇▇▇▇▇▇▇▇ shall pay to Lender interest on the outstanding principal balance unpaid Principal at the Interest Rate which has accrued from the first day through the last day of the Construction Note.
calendar month immediately preceding such Payment Date. The Principal and the interest thereon at the Interest Rate shall be due and payable by Borrower to Lender in consecutive monthly installments, each in the amount of $86,443.19 (Bthe "MONTHLY DEBT SERVICE PAYMENT AMOUNT") On the first Payment Due Date following the Advancement Termination Date beginning on September 6, 2006 (herein "AMORTIZATION COMMENCEMENT DATE") and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by hereby is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on September 6, 2014 (the Construction "MATURITY DATE"). Interest on the principal sum of this Note is shall be calculated on the basis of a 360 day year, and shall be charged based on the actual number of days during each month or other applicable accrual period. Interest on this Note shall be paid in full, Borrower arrears. The undersigned shall pay to Bank (i) all accrued and unpaid the holder hereof, in advance, on the date hereof, interest only on the outstanding principal balance of the Construction this Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan as of the Advancement Termination Date, (y) at the interest rate first mentioned above, from the date hereof through and including the last day of the calendar month in which this Note is executed. The Monthly Debt Service Payment Amount due on any Payment Date shall first be applied to the payment of interest accrued during the amortization preceding accrual period is equal and the remainder of such Monthly Debt Service Payment Amount shall be applied to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance reduction of the Construction Loan, together with all unpaid Principal. All accrued and unpaid interest thereon, shall be due and payable to Bank on the Initial Maturity Date.
(D) . If the Extension Requirements have been met, then Loan is repaid on any date other than on a Payment Date (whether prior to or after the first Payment Due Date following the Initial Maturity Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in fullDate), Borrower shall also pay interest that would have accrued on such repaid Principal to Bank but not including the payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, next Payment Date. Borrower shall repay the entire outstanding principal balance of this Note in full on the Construction LoanMaturity Date, together with all accrued interest thereon to (but excluding) the date of repayment and unpaid interest thereon, shall be any other amounts due and payable to Bank on owing under the Extended Maturity DateLoan Documents (as defined herein).
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Payments of Principal and Interest. Principal and interest on Prior to the Construction Loan shall be payable as follows:
(A) On the first Payment Due Date following the date of the Construction Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Conversion Date, Borrower shall pay to Bank all accrued and unpaid interest only on the Advances, at the Interim Interest Rate, in arrears, on the first day of each month and on the Conversion Date. Provided that there is no Default or Event of Default hereunder or under the other Loan Documents, Borrower has faithfully observed all of the terms and conditions hereunder and under the other Loan Documents and there has been no material adverse change in the business, operations or financial condition of Borrower or the Collateral, the Advances outstanding as of the Advance Termination Date shall automatically convert to a term Loan and shall be repaid to Lender as follows: if the Conversion Date is not the first day of a month, Borrower shall pay, on the first day of the month immediately succeeding the month in which the Conversion Date occurs, interest only at the Interest Rate from the Conversion Date to the last day of the month in which the Conversion Date occurs; thereafter, Borrower shall make thirty-six (36) consecutive equal monthly payments of principal and interest each in an amount which will fully amortize the Loan at the Interest Rate over such thirty-six (36) month period (the date upon which the thirty-sixth (36th) consecutive equal monthly payment of principal and interest is due is herein referred to as the "Maturity Date") commencing on the first day of the second month succeeding the Conversion Date, provided, however, that if the Conversion Date is the first day of a month, payments of principal and interest shall commence on the first day of the immediately succeeding month. Lender shall compute the amount of each payment and advise Borrower of such amount. Each monthly payment shall be applied, first to fees, costs and charges, if any, owing to Lender, then to interest as may be due hereunder, and the balance of such payment shall be applied to the principal balance of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the Loan. The entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Notewhich was not payable earlier, and (ii) a principal payment equal whether due to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan as of the Advancement Termination Dateregularly scheduled payments, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction Loanacceleration or otherwise, together with all accrued any unpaid interest, fees, costs and unpaid interest thereon, charges shall be due and payable to Bank on the Initial Maturity Date.
. After the maturity of all or any part of the Loan (D) If the Extension Requirements have been metby acceleration or otherwise), then interest on the first Payment Due Date following the Initial Maturity Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank the payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, Loan or such part thereof shall be due and payable to Bank at the Default Rate on the Extended Maturity Datedemand.
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Sources: Loan and Security Agreement (Showboat Marina Partnership)
Payments of Principal and Interest. Principal and interest on For value received, the Construction Loan shall be payable as follows:
(A) On Borrower promises to pay to the first Payment Due Date following the date order of the Construction Lender the aggregate principal amount outstanding under this Third Amended and Restated Loan Agreement and Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance including any increases of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal due to the principal indebtedness owing under addition of PIK Interest (as defined below) (the Construction “Outstanding Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction LoanAmount”), together with all accrued and unpaid interest thereonhereunder on or before December 31, 2023. Interest on the Outstanding Loan Amount shall accrue at the rate of 0.4% per annum and shall be payable annually in arrears on each anniversary of the effective date of this Third Amended and Restated Loan Agreement and Note (each such date, an “Interest Payment Date”). Interest shall accrue on the Outstanding Loan Amount beginning on the day on which such amount becomes outstanding or increases either by the advance of the original principal amount of the loan made thereunder by the Lender or by the addition of PIK Interest, and continuing until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The Borrower shall pay all accrued and unpaid interest on this Third Amended and Restated Loan Agreement and Note, at the election of the Borrower on each Interest Payment Date (a) by increasing the outstanding principal amount of this Note (“PIK Interest”), (b) in cash to the Lender (“Cash Interest”) or (c) by any combination of (a) and (b). Any interest due on an Interest Payment Date that is not paid by the Borrower as Cash Interest on such Interest Payment Date shall be deemed paid as PIK Interest with no further action required on the part of the Borrower. Following an increase in the Outstanding Loan Amount, either by the advance of the original principal amount of the loan made thereunder by the Lender or by as a result of PIK Interest, this Third Amended and Restated Loan Agreement and Note shall bear interest on such increased Outstanding Loan Amount from and after such date until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The amount of interest payable hereunder shall be calculated by reference to the actual number of days elapsed on the basis of a 365-day year. Any payment of interest due and payable on an Interest Payment Date that is not a business day shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first business day occurring after such Interest Payment Due Date following the Initial Maturity Date and interest shall continue to accrue on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction principal amount of this Third Amended and Restated Loan Agreement and Note is paid in fulluntil, Borrower and shall pay to Bank the be due and payable on, such business day. All cash payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, hereunder shall be made in the outstanding principal balance lawful money of the Construction Loan, together with United States and in immediately available funds. Any and all payments made hereunder shall be first applied to any accrued and unpaid interest and the balance shall be applied to the Outstanding Loan Amount. The Outstanding Loan Amount may be prepaid at any time in whole or in part without premium or penalty provided that all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Datehereunder is paid in full.
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Payments of Principal and Interest. Principal and interest on For value received, the Construction Loan shall be payable as follows:
(A) On Borrower promises to pay to the first Payment Due Date following the date order of the Construction Lender the aggregate principal amount outstanding under this Fourth Amended and Restated Loan Agreement and Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance including any increases of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal due to the principal indebtedness owing under addition of PIK Interest (as defined below) (the Construction “Outstanding Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction LoanAmount”), together with all accrued and unpaid interest thereonhereunder on or before December 31, 2033. Interest on the Outstanding Loan Amount shall accrue at the rate of 0.4% per annum and shall be payable annually in arrears on each anniversary of the effective date of this Fourth Amended and Restated Loan Agreement and Note (each such date, an “Interest Payment Date”). Interest shall accrue on the Outstanding Loan Amount beginning on the day on which such amount becomes outstanding or increases either by the advance of the original principal amount of the loan made thereunder by the Lender or by the addition of PIK Interest, and continuing until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The Borrower shall pay all accrued and unpaid interest on this Fourth Amended and Restated Loan Agreement and Note, at the election of the Borrower on each Interest Payment Date (a) by increasing the outstanding principal amount of this Note (“PIK Interest”), (b) in cash to the Lender (“Cash Interest”) or (c) by any combination of (a) and (b). Any interest due on an Interest Payment Date that is not paid by the Borrower as Cash Interest on such Interest Payment Date shall be deemed paid as PIK Interest with no further action required on the part of the Borrower. Following an increase in the Outstanding Loan Amount, either by the advance of the original principal amount of the loan made thereunder by the Lender or by as a result of PIK Interest, this Fourth Amended and Restated Loan Agreement and Note shall bear interest on such increased Outstanding Loan Amount from and after such date until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The amount of interest payable hereunder shall be calculated by reference to the actual number of days elapsed on the basis of a 365-day year. Any payment of interest due and payable on an Interest Payment Date that is not a business day shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first business day occurring after such Interest Payment Due Date following the Initial Maturity Date and interest shall continue to accrue on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction principal amount of this Fourth Amended and Restated Loan Agreement and Note is paid in fulluntil, Borrower and shall pay to Bank the be due and payable on, such business day. All cash payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, hereunder shall be made in the outstanding principal balance lawful money of the Construction Loan, together with United States and in immediately available funds. Any and all payments made hereunder shall be first applied to any accrued and unpaid interest and the balance shall be applied to the Outstanding Loan Amount. The Outstanding Loan Amount may be prepaid at any time in whole or in part without premium or penalty provided that all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Datehereunder is paid in full.
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Payments of Principal and Interest. Principal and interest on For value received, the Construction Loan shall be payable as follows:
(A) On Borrower promises to pay to the first Payment Due Date following the date order of the Construction Lender the aggregate principal amount outstanding under this Second Amended and Restated Loan Agreement and Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance including any increases of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal due to the principal indebtedness owing under addition of PIK Interest (as defined below) (the Construction “Outstanding Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction LoanAmount”), together with all accrued and unpaid interest thereonhereunder on or before December 31, 2022. Interest on the Outstanding Loan Amount shall accrue at the rate of 0.4% per annum and shall be payable annually in arrears on each anniversary of the effective date of this Second Amended and Restated Loan Agreement and Note (each such date, an “Interest Payment Date”). Interest shall accrue on the Outstanding Loan Amount beginning on the day on which such amount becomes outstanding or increases either by the advance of the original principal amount of the loan made thereunder by the Lender or by the addition of PIK Interest, and continuing until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The Borrower shall pay all accrued and unpaid interest on this Second Amended and Restated Loan Agreement and Note, at the election of the Borrower on each Interest Payment Date (a) by increasing the outstanding principal amount of this Note (“PIK Interest”), (b) in cash to the Lender (“Cash Interest”) or (c) by any combination of (a) and (b). Any interest due on an Interest Payment Date that is not paid by the Borrower as Cash Interest on such Interest Payment Date shall be deemed paid as PIK Interest with no further action required on the part of the Borrower. Following an increase in the Outstanding Loan Amount, either by the advance of the original principal amount of the loan made thereunder by the Lender or by as a result of PIK Interest, this Second Amended and Restated Loan Agreement and Note shall bear interest on such increased Outstanding Loan Amount from and after such date until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The amount of interest payable hereunder shall be calculated by reference to the actual number of days elapsed on the basis of a 365-day year. Any payment of interest due and payable on an Interest Payment Date that is not a business day shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first business day occurring after such Interest Payment Due Date following the Initial Maturity Date and interest shall continue to accrue on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction principal amount of this Second Amended and Restated Loan Agreement and Note is paid in fulluntil, Borrower and shall pay to Bank the be due and payable on, such business day. All cash payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, hereunder shall be made in the outstanding principal balance lawful money of the Construction Loan, together with United States and in immediately available funds. Any and all payments made hereunder shall be first applied to any accrued and unpaid interest and the balance shall be applied to the Outstanding Loan Amount. The Outstanding Loan Amount may be prepaid at any time in whole or in part without premium or penalty provided that all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Datehereunder is paid in full.
Appears in 1 contract
Payments of Principal and Interest. Principal and interest on (i) For the Construction Loan shall be payable as follows:
(A) On the first Payment Due Date following the date of the Construction Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination DateInitial Term Loan, Borrower shall pay to Bank the Agent, for the ratable benefit of the Lenders, (i) nine (9) consecutive payments of interest only (payable in arrears) at the rate of interest determined in accordance with Section 2.3(a) on the first day of each calendar month (a “Scheduled Payment Date”) commencing on the first day of the second calendar month occurring after the month during which such Initial Term Loan was made and (ii) thirty (30) equal consecutive payments of principal and interest (payable in arrears) at the rate of interest determined in accordance with Section 2.3(a) (an “Initial Loan Scheduled Payment”) on each Scheduled Payment Date commencing on the first day of the eleventh calendar month occurring after the month during which such initial Term Loan was made. The amount of each such payment of principal and interest in respect of the Initial Term Loan shall be calculated by the Agent and shall be sufficient to fully amortize the principal and interest due with respect to the Initial Term Loan over such repayment period. Notwithstanding the foregoing, all unpaid principal and accrued interest with respect to the Initial Term Loan is due and payable in full to Agent, for the ratable benefit of Lenders, on the earlier of (A) the first day of the fortieth month following the date such Initial Term Loan was made or (B) the date that the Initial Term Loan otherwise becomes due and payable hereunder, whether by acceleration of the Obligations pursuant to Section 8.2 or otherwise (the earlier of (A) or (B), the “Initial Term Loan Maturity Date”). Each Initial Loan Scheduled Payment, when paid, shall be applied first to the payment of accrued and unpaid interest on the outstanding Initial Term Loan and then to unpaid principal balance of the Construction NoteInitial Term Loan. Without limiting the foregoing or the provisions of Section 2.3(b)(ii), all outstanding Obligations in respect of the Initial Term Loan shall be due and payable on the Initial Term Loan Maturity Date.
(Bii) On For the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in fullSubsequent Term Loan, Borrower shall pay to Bank the Agent, for the ratable benefit of the Lenders, (i) six (6) consecutive payments of interest only (payable in arrears) at the rate of interest determined in accordance with Section 2.3(a) on the Scheduled Payment Date commencing on the first day of the second calendar month occurring after the month during which such Subsequent Term Loan was made and (ii) thirty (30) equal consecutive payments of principal and interest (payable in arrears) at the rate of interest determined in accordance with Section 2.3(a) (a “Subsequent Loan Scheduled Payment”; each Initial Loan Scheduled Payment and each Subsequent Loan Scheduled Payment are referred to herein individually as a “Scheduled Payment” and collectively, as the “Scheduled Payments”) on each Scheduled Payment Date commencing on the first day of the eighth calendar month occurring after the month during which such Subsequent Term Loan was made. The amount of each such payment of principal and interest shall be calculated by the Agent and shall be sufficient to fully amortize the principal and interest due with respect to the Subsequent Term Loan over such repayment period. Notwithstanding the foregoing, all unpaid principal and accrued interest with respect to the Subsequent Term Loan is due and payable in full to Agent, for the ratable benefit of Lenders, on the earlier of (A) the first day of the thirty-seventh month following the date the Subsequent Term Loan was made or (B) the date that such Subsequent Term Loan otherwise becomes due and payable hereunder, whether by acceleration of the Obligations pursuant to Section 8.2 or otherwise (the earlier of (A) or (B), the “Subsequent Term Loan Maturity Date”; together with the Initial Term Loan Maturity Date referred to herein as the “Applicable Term Loan Maturity Date”). Each Subsequent Loan Scheduled Payment, when paid, shall be applied first to the payment of accrued and unpaid interest on the outstanding Subsequent Loan Term Loan and then to unpaid principal balance of the Construction NoteSubsequent Loan Term Loan. Without limiting the foregoing, and (ii) a principal payment equal to a payment all Obligations in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan as respect of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, Subsequent Term Loan shall be due and payable to Bank on the Initial Subsequent Term Loan Maturity Date.
(D) If the Extension Requirements have been met, then on the first Payment Due Date following the Initial Maturity Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank the payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Date.
Appears in 1 contract
Payments of Principal and Interest. Principal and interest on The Trust agrees to pay the Construction Loan shall be payable Company the amounts outstanding under the Note as follows:
(Aa) On Interest on the first Payment Due Date following unpaid principal balance of the Note outstanding from time to time shall accrue at a semi-annual rate at all times equal to the six month London Interbank Offered Rate as quoted in the Midwest Edition of The Wall Street Journal, which interest rate shall be determined on the six-month anniversary of the date of the Construction Note, this Agreement and on each successive Payment Due Date thereafter until six-month anniversary thereafter.
(b) During the Advancement Termination Dateperiod from the date of this Agreement through April 30, and 2010 (the “Compounding Period”), interest shall accrue annually on each April 30 occurring during the Advancement Termination DateCompounding Period. On April 30, Borrower shall pay to Bank 2010, all accrued and unpaid interest on under the Note during the Compounding Period shall be added to the outstanding principal balance under the Note, with interest thereafter accruing on such increased principal amount.
(c) Unpaid interest under the Note that has accrued since April 30, 2010 shall be due and payable on April 30, 2011. Interest shall thereafter be due and payable on each successive April 30 occurring through September 10, 2026 (the “Maturity Date”).
(d) All outstanding principal and accrued interest under the Note shall be due and payable in full on the Maturity Date.
(e) Each payment made under the Note shall be applied first towards any accrued interest then due under the Note and thereafter towards the payment of outstanding principal under the Construction Note.
(Bf) On No provision of this Agreement or the first Payment Due Date following Note shall require the Advancement Termination Date and on each successive Payment Due Date thereafter until payment or permit the entire indebtedness evidenced collection of interest in excess of the rate permitted by the Construction Note is paid in full, Borrower shall pay to Bank applicable law.
(ig) all accrued and unpaid All computation of interest on the outstanding principal balance amount of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal to the principal indebtedness owing under the Construction Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, Note shall be due and payable to Bank computed on the Initial Maturity Datebasis of a year comprised of 360 days, but charged for the actual number of days elapsed.
(D) If the Extension Requirements have been met, then on the first Payment Due Date following the Initial Maturity Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank the payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, the outstanding principal balance of the Construction Loan, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the Extended Maturity Date.
Appears in 1 contract
Payments of Principal and Interest. Principal and interest on For value received, the Construction Loan shall be payable as follows:
(A) On Borrower promises to pay to the first Payment Due Date following the date order of the Construction Lender the aggregate principal amount outstanding under this Amended and Restated Loan Agreement and Note, on each successive Payment Due Date thereafter until the Advancement Termination Date, and on the Advancement Termination Date, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding principal balance including any increases of the Construction Note.
(B) On the first Payment Due Date following the Advancement Termination Date and on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction Note is paid in full, Borrower shall pay to Bank (i) all accrued and unpaid interest on the outstanding principal balance of the Construction Note, and (ii) a principal payment equal to a payment in such an amount as would be necessary to amortize the principal balance and accrued interest on a monthly amortization of principal and interest on a hypothetical loan where (x) the principal indebtedness being amortized is equal due to the principal indebtedness owing under addition of PIK Interest (as defined below) (the Construction “Outstanding Loan as of the Advancement Termination Date, (y) the interest rate during the amortization period is equal to six percent (6%) per annum, and (z) the amortization period is three hundred sixty (360) months.
(C) If the Extension Requirements have not been met, then the outstanding principal balance of the Construction LoanAmount”), together with all accrued and unpaid interest thereonhereunder on or before December 31, 2022. Interest on the Outstanding Loan Amount shall accrue at the rate of 0.4% per annum and shall be payable annually in arrears on each anniversary of the effective date of this Amended and Restated Loan Agreement and Note (each such date, an “Interest Payment Date”). Interest shall accrue on the Outstanding Loan Amount beginning on the day on which such amount becomes outstanding or increases either by the advance of the original principal amount of the loan made thereunder by the Lender or by the addition of PIK Interest, and continuing until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The Borrower shall pay all accrued and unpaid interest on this Amended and Restated Loan Agreement and Note, at the election of the Borrower on each Interest Payment Date (a) by increasing the outstanding principal amount of this Note (“PIK Interest”), (b) in cash to the Lender (“Cash Interest”) or (c) by any combination of (a) and (b). Any interest due on an Interest Payment Date that is not paid by the Borrower as Cash Interest on such Interest Payment Date shall be deemed paid as PIK Interest with no further action required on the part of the Borrower. Following an increase in the Outstanding Loan Amount, either by the advance of the original principal amount of the loan made thereunder by the Lender or by as a result of PIK Interest, this Amended and Restated Loan Agreement and Note shall bear interest on such increased Outstanding Loan Amount from and after such date until such amount is paid in full, whether at maturity, upon acceleration, by prepayment or otherwise. The amount of interest payable hereunder shall be calculated by reference to the actual number of days elapsed on the basis of a 365-day year. Any payment of interest due and payable on an Interest Payment Date that is not a business day shall be due and payable to Bank on the Initial Maturity Date.
(D) If the Extension Requirements have been met, then on the first business day occurring after such Interest Payment Due Date following the Initial Maturity Date and interest shall continue to accrue on each successive Payment Due Date thereafter until the entire indebtedness evidenced by the Construction principal amount of this Amended and Restated Loan Agreement and Note is paid in fulluntil, Borrower and shall pay to Bank the be due and payable on, such business day. All cash payments of principal and interest required pursuant to Section 2.4(B).
(E) If not earlier demanded pursuant to Section 9.3 hereof, hereunder shall be made in the outstanding principal balance lawful money of the Construction Loan, together with United States and in immediately available funds. Any and all payments made hereunder shall be first applied to any accrued and unpaid interest thereon, and the balance shall be due and payable applied to Bank on the Extended Maturity Date.the
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