Common use of Rates and Payment of Interest Clause in Contracts

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted Base Rate Loan, at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a), or during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last Business Day of each calendar quarter (other than with respect to LIBOR Loans); (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan and Security Agreement (Bespoke Capital Acquisition Corp)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted a Base Rate Loan, at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR LIBORTerm SOFR Loan, at LIBOR LIBORTerm SOFR for the applicable Interest Period, plus the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Tranche A Revolver Loans. Notwithstanding the foregoing, each LIBOR Loan (as defined in this Agreement as in effect immediately prior to the Sixth Amendment Effective Date) outstanding under this Agreement immediately prior to the Sixth Amendment Effective Date shall automatically be converted on the Sixth Amendment Effective Date into a Term SOFR Loan having a one month Interest Period. Interest shall accrue from the date the Loan is advanced or the Obligation is incurred or payable, until paid by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a)Borrower, or during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, outstanding Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Agent and Lenders for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last Business Day first day of each calendar quarter (other than with respect to LIBOR Loans)month; (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Commitment Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan and Security Agreement (Olympic Steel Inc)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted as set forth below, which interest shall accrue from the date the Revolver Loan is advanced or the Obligation is incurred or payable, until paid by the applicable Borrower. If a Revolver Loan is repaid on the same day made, one day’s interest shall accrue. OBLIGATION APPLICABLE INTEREST US Base Rate Loan, at the Adjusted Loan US Base Rate in effect from time to time, plus the Applicable Margin; Margin for US Base Rate Loans US LIBOR Loan (iiother than the US FILO Loans) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; and Margin for US LIBOR Loans UK Base Rate Loan UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans UK LIBOR Loan (iiiother than the UK FILO Loans) if UK LIBOR for the applicable Interest Period, plus the Applicable Margin for UK LIBOR Loans, plus any Mandatory Costs US FILO LOANS LIBOR for the applicable Interest Period, plus 5% UK FILO LOANS LIBOR for the applicable Interest Period, plus 5%, plus any Mandatory Costs any other US Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted ) US Base Rate in effect from time to time, plus the Applicable Margin for Adjusted US Base Rate Revolver Loans any other UK Obligation (including to the extent permitted by law, interest not paid when due) UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a)Borrower, or during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Revolver Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day madeUS Borrowers or UK Borrower, one day’s interest shall accrueas applicable. Interest accrued on the Revolver Loans shall be due and payable in arrears, (i) on the last Business Day first day of each calendar quarter (other than with respect to LIBOR Loans)month; (ii) on any date of prepayment, with respect to the principal amount of Revolver Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Commitment Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan, Guaranty and Security Agreement (Parametric Sound Corp)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted Base Rate Loan, at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR SOFR Loan, at LIBOR Adjusted Term SOFR for the applicable Interest Period, Period plus the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a), or during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s 's interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last Business Day of each calendar quarter (other than with respect to LIBOR SOFR Loans); (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination Date, the Term Loan Maturity Date, the Equipment Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR SOFR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan and Security Agreement (Vintage Wine Estates, Inc.)

Rates and Payment of Interest. (a) The Obligations Except as otherwise provided in Section 3.1.5: (i) each Revolver Loan that is a Base Rate Loan shall bear interest for the period commencing with the funding thereof until paid (iwhether at stated maturity, on acceleration or otherwise) if an Adjusted Base Rate Loan, at a rate per annum equal to the Adjusted Base Rate in effect from time to time, time plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if any other Obligation (including, Margin with respect to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate for Revolver Loans as in effect from time to time, ; and (ii) each Revolver Loan that is a LIBOR Loan shall bear interest for the period commencing with the funding thereof and ending on the last day of the Interest Period with respect thereto at a rate per annum equal to LIBOR determined for such Interest Period plus the Applicable Margin for Adjusted Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to LIBOR for Revolver Loans as in effect from time to time. Upon determining LIBOR for any Interest Period requested by Borrower or the continuation of an Event of Default under Section 11.1(a)Agent, or during any other Event of Default that continues for at least 15 days after its occurrenceAdministrative Agent shall promptly notify Borrower Agent thereof by telephone and, if Agent so requested by Borrower Agent, confirm the same in writing. Such determination shall, absent manifest error, be final, conclusive and binding on all parties and for all purposes. The applicable rate of interest for all Revolver Loans (or Required Lenders portions thereof) bearing interest based upon the Base Rate shall be increased or decreased, as the case may be, by an amount equal to any increase or decrease in their discretion so electthe Base Rate, Obligations shall bear interest at with such adjustments to be effective as of the Default opening of business on the day on which any such change in the Base Rate (whether before or after any judgment)becomes effective. Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest on each Loan shall accrue from and include the date on which such Loan is made or converted to a Loan is advanced of another Type or Obligation is incurred or payablecontinued as a Loan of the same Type to (but excluding) the date of any repayment thereof; provided, until paid in full by Borrowers. If however, that, if a Revolver Loan is repaid on the same day made, one day’s interest shall accruebe paid on such Revolver Loan. Interest on the Loans shall be payable in the currency of the underlying Loan. (b) Notwithstanding anything to the contrary contained herein, during an Insolvency Proceeding with respect to any Obligor, or the liquidation, dissolution, or winding up of any Obligor, or during any other Event of Default if Administrative Agent or Required Lenders in their discretion so elect, the Obligations shall bear interest at the Default Rate as set forth in Section 3.1.5. (c) Interest accrued on the Loans shall be due and payable as set forth in arrears, (i) on the last Business Day of each calendar quarter (other than with respect to LIBOR Loans); (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest PeriodSection 5.4. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan and Security Agreement (Spectrum Brands, Inc.)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted a Base Rate Revolver Loan, at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at Adjusted LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Revolver Loans. Interest shall accrue from the date the Revolver Loan is advanced or the Obligation is incurred or payable, until paid by Borrowers. If a Revolver Loan is repaid on the same day made, one day’s interest shall accrue. Borrowers shall not be permitted to request LIBOR Revolver Loans with respect to the Inventory Borrowing Portion. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a)Borrower, or during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment)Rate. Each Borrower acknowledges that the cost and expense to Agent and Lenders each Lender due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Agent and Lenders for thissuch added cost and expense. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last Business Day first day of each calendar quarter (other than with respect to month and, for any LIBOR Loans)Loan, the last day of its Interest Period; (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Commitment Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan and Security Agreement (EMAK Worldwide, Inc.)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted Base Rate Loan, at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a), or during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last Business Day of each calendar quarter (other than with respect to LIBOR Loans); (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination Date, Date or the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan and Security Agreement (Bespoke Capital Acquisition Corp)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted Base Rate Loan, at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR SOFR Loan, at LIBOR Adjusted Term SOFR for the applicable Interest Period, plus the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a), or during any other Event of Default that continues for at least 15 30 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s 's interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last Business Day of each calendar quarter (other than with respect to LIBOR Loans)quarter; (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination Date, the Term Loan One Maturity Date or the DDTL Term Loan Two Maturity Date. Interest accrued on LIBOR SOFR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted Base Rate Loan, at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a), or during any other Event of Default that continues for at least 15 30 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last Business Day of each calendar quarter (other than with respect to LIBOR Loans)quarter; (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolving Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination DateDate , the Term Loan One Maturity Date or the DDTL Term Loan Two Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)

Rates and Payment of Interest. (a) The Subject to the limitation on Revolving Loans set forth below, the Obligations shall bear interest (i) if an Adjusted Base a Prime Rate Loan, at the Adjusted Base Prime Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at Adjusted LIBOR for the applicable Interest Period, plus the Applicable Margin; (iii) if the FHLB Rate Loan, at the FHLB Rate; and (iiiiv) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Prime Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Prime Rate Loans. Interest shall accrue from the date the Loan is advanced or the Obligation is incurred or payable, until paid by Borrower. If a Loan is repaid on the same day made, one day's interest shall accrue. Notwithstanding anything herein to the contrary, Borrower acknowledges and agrees that not less than $1,000,000 of outstanding Revolver Loans (or if the aggregate principal amount of Revolver Loans then outstanding is less than $1,000,000, then all such Revolver Loans) shall be Prime Rate Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a)Borrower, or during any other Event of Default that continues for at least 15 days after if Lender in its occurrence, if Agent or Required Lenders in their sole discretion so electelects, Obligations shall bear interest at the Default Rate (whether before or after any judgment)Rate. Each Borrower acknowledges that the cost and expense to Agent and Lenders Lender due to an Event of Default are difficult to ascertain and that the Default Rate is a fair and reasonable compensation estimate to compensate Lender for thissuch added cost and expense. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable in arrears, (i) on the last Business Day first day of each calendar quarter (other than with respect to month and, for any LIBOR Loans)Loan, the last day of its Interest Period; (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Commitment Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan and Security Agreement (First Aviation Services Inc)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted as set forth below, which interest shall accrue from the date the Revolver Loan is advanced or the Obligation is incurred or payable, until paid by the applicable Borrower. If a Revolver Loan is repaid on the same day made, one day’s interest shall accrue. US Base Rate Loan, at the Adjusted Loan US Base Rate in effect from time to time, plus the Applicable Margin; Margin for US Base Rate Loans US LIBOR Loan (iiother than US FILO Loans) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if Margin for US LIBOR Loans UK Base Rate Loan UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans UK LIBOR Loan UK LIBOR for the applicable Interest Period, plus the Applicable Margin for UK LIBOR Loans, plus any Mandatory Costs US FILO Loan LIBOR for the applicable Interest Period, plus the Applicable Margin for US FILO Loans any other US Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted ) US Base Rate in effect from time to time, plus the Applicable Margin for Adjusted US Base Rate Revolver Loans any other UK Obligation (including to the extent permitted by law, interest not paid when due) UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a)Borrower, or during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this, payable immediately following demand. (c) Interest shall accrue from the date a Revolver Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day madeUS Borrowers or UK Borrower, one day’s interest as applicable, and shall accruein no event be less than zero at any time. Interest accrued on the Revolver Loans shall be due and payable in arrears, (i) on the last Business Day first day of each calendar quarter (other than with respect to LIBOR Loans)month; (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Commitment Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents andapplicable agreements or, if no payment date is specified, immediately following demand. (d) Notwithstanding the above, on the First Amendment Effectiveness Date, the interest applicable to US FILO Loans shall be due based on LIBOR for an Interest Period of 3 months as determined on December 1, 2018 and payable commencing on demand. Notwithstanding the foregoingJanuary 1, interest accrued at the Default Rate 2019 shall be due rest based on LIBOR for an Interest Period of 3 months as in effect on that day and payable on demandthereafter pursuant to Section 3.1.2(b).

Appears in 1 contract

Sources: Loan, Guaranty and Security Agreement (Turtle Beach Corp)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted Base Rate Loan, at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a LIBOR Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Revolver Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a), or during any other Event of Default that continues for at least 15 30 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the Adjusted Base Rate Loans shall be due and payable in arrears, (i) on the last Business Day of each calendar quarter (other than with respect to LIBOR Loans)quarter; and (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan and Security Agreement (American Vanguard Corp)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted Base Rate LoanFrom and following the Closing Date, at the Adjusted Base Rate in effect depending upon Borrower Agent's election from time to time, plus subject to the Applicable Margin; terms hereof, to have portions of the Loans accrue interest determined by reference to the Prime Rate or LIBOR Rate Term SOFR, the Loans and the other Obligations shall bear interest at the applicable rates set forth below: (iii) if If a LIBOR Prime Rate Loan, at LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if or any other Obligation (includingother than a LIBOR Rate Term SOFR Loan, to the extent permitted by law, interest not paid when due), then at the Adjusted Base sum of the Prime Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Prime Rate Revolver Loans. (ii) If a LIBOR Rate Term SOFR Loan, then at the sum of the LIBOR Rate Term SOFR plus the Applicable Margin for LIBOR Rate Term SOFR Loans. (b) During All interest and fees under this Agreement and each Loan Document shall be calculated on the basis of a 360-day year for the actual number of days elapsed. The date of funding of a Prime Rate Loan and the first day of an Interest Period with respect to a LIBOR Rate Term SOFR Loan shall be included in the calculation of interest. The date of payment of a Prime Rate Loan and the last day of an Interest Period with respect to a LIBOR Rate Term SOFR Loan shall be excluded from the calculation of interest and fees. If a Loan is repaid on the same day that it is made, one (1) days' interest shall be charged. Interest on all Prime Rate Loans is payable in arrears on the last Business Day of each calendar quarter and on the maturity of such Loans, whether by acceleration or otherwise. Interest on LIBOR Rate Term SOFR Loans shall be payable on the last day of the applicable Interest Period, unless the Interest Period is greater than three (3) months, in which case interest will be payable on the last day of each three (3) month interval. In addition, interest on LIBOR Rate Term SOFR Loans is due on the maturity of such Loans, whether by acceleration or otherwise. (c) (i) Automatically upon the occurrence of an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a)Obligor, or (ii) during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, the Loans and other Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that Furthermore, at the cost and expense to election of Agent and or Required Lenders due to an during any period in which any Event of Default are difficult to ascertain and that is continuing (x) as the Default Interest Periods for LIBOR Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Loan is advanced or Obligation is incurred or payableTerm SOFR Loans then in effect expire, until paid in full by Borrowers. If a Loan is repaid on the same day made, one day’s interest shall accrue. Interest accrued on the such Loans shall be due converted into Prime Rate Loans and payable in arrears, (iy) on the last Business Day of each calendar quarter (other than with respect to LIBOR Loans); (ii) on any date of prepayment, with respect Rate Term SOFR election will not be available to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demandBorrowers.

Appears in 1 contract

Sources: Loan and Security Agreement (Rocky Brands, Inc.)

Rates and Payment of Interest. (a) The Obligations shall bear interest (i) if an Adjusted as set forth below, which interest shall accrue from the date the Revolver Loan is advanced or the Obligation is incurred or payable, until paid by the applicable Borrower. If a Revolver Loan is repaid on the same day made, one day’s interest shall accrue. OBLIGATION APPLICABLE INTEREST US Base Rate Loan, at the Adjusted Loan US Base Rate in effect from time to time, plus the Applicable Margin; (ii) if a Margin for US Base Rate Loans US LIBOR Loan, at Loan LIBOR for the applicable Interest Period, plus the Applicable Margin; and (iii) if Margin for US LIBOR Loans UK Base Rate Loan UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans UK LIBOR Loan UK LIBOR for the applicable Interest Period, plus the Applicable Margin for UK LIBOR Loans, plus any Mandatory Costs US FILO LOANS FILO Loan Rate in effect from time to time UK FILO LOANS FILO Loan Rate in effect from time to time, plus any Mandatory Costs any other US Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted ) US Base Rate in effect from time to time, plus the Applicable Margin for Adjusted US Base Rate Revolver Loans any other UK Obligation(including to the extent permitted by law, interest not paid when due) UK Base Rate in effect from time to time, plus the Applicable Margin for UK Base Rate Loans. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a)Borrower, or during any other Event of Default that continues for at least 15 days after its occurrence, if Agent or Required Lenders in their discretion so elect, Obligations shall bear interest at the Default Rate (whether before or after any judgment). Each Borrower acknowledges that the cost and expense to Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. (c) Interest shall accrue from the date a Revolver Loan is advanced or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the same day madeUS Borrowers or UK Borrower, one day’s interest shall accrueas applicable. Interest accrued on the Revolver Loans shall be due and payable in arrears, (i) on the last Business Day first day of each calendar quarter (other than with respect to LIBOR Loans)month; (ii) on any date of prepayment, with respect to the principal amount of Revolver Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Commitment Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR Loans shall be due and payable in arrears on the last day of the Interest Period; provided that if any Interest Period exceeds three months, interest shall be due and payable every three months after the beginning of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demand. Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan, Guaranty and Security Agreement (Parametric Sound Corp)

Rates and Payment of Interest. (a) The Obligations Except as otherwise set forth herein, (i) each Eurodollar Rate Loan shall bear interest on the unpaid principal amount thereof from the date made through repayment (iwhether by acceleration or otherwise) if an Adjusted thereof payable in arrears on each Payment Date at a rate of interest equal to the Eurodollar Rate for the applicable Interest Period plus the Margin, (ii) each Fixed Rate Loan shall bear interest on the unpaid principal amount thereof from the date made through repayment (whether by acceleration or otherwise) thereof payable in arrears on each Payment Date at a rate of interest equal to the Weighted Average Life Swaps as determined by the Administrative Agent as of the date each Fixed Rate Loan is advanced by the Lenders and as set forth in the related Underlying Financing Specifications (the “Fixed Rate”) plus the Margin and (iii) each Base Rate Loan, Loan made pursuant to Sections 3.5 or 3.6 shall bear interest on the unpaid principal amount thereof from the date made through repayment (whether by acceleration or otherwise) thereof at a rate of interest equal to the Adjusted Base Rate in effect from time to time, time plus the Margin (in each case, the “Applicable Margin; (ii) if a LIBOR Interest Rate”). In computing interest on any Loan, at LIBOR for the applicable Interest Perioddate of the making of such Loan and the last Payment Date with respect to such Loan shall be included, plus and the Applicable Margin; and (iii) if any other Obligation (including, to the extent permitted by law, interest not paid when due), at the Adjusted Base Rate in effect from time to time, plus the Applicable Margin for Adjusted Base Rate Revolver Loansdate of payment of such Loan shall be excluded. (b) During an Insolvency Proceeding with respect to any Borrower or the continuation of an Event of Default under Section 11.1(a)Borrower, or during any other Event of Default that continues for at least 15 days after its occurrence, if Administrative Agent or Required Lenders in their discretion so elect, Obligations Obligations, including any interest payments on the Loans and any fees or other amounts outstanding hereunder, shall thereafter bear interest (including post-petition interest in any proceeding under the Bankruptcy Code or other applicable bankruptcy laws) at a rate in lieu of the interest rate otherwise payable hereunder with respect to the applicable Loans, equal to the Eurodollar Rate for the applicable Interest Period plus a margin of 5.00% per annum (the “Default Rate (whether before or after any judgmentRate”), payable on demand to Administrative Agent on behalf of Lender. Each Borrower acknowledges that the cost and expense to Administrative Agent and Lenders due to an Event of Default are difficult to ascertain and that the Default Rate is fair and reasonable compensation for this. For the avoidance of doubt, during the continuance of both an Insolvency Proceeding and an Event of Default referred to in the preceding sentence, the maximum additional interest under this clause (b) shall be limited to 5.00% per annum in excess of the Applicable Interest Rate (without giving effect to the “Margin” portion of such definition and calculation) otherwise payable hereunder with respect to the applicable Loans. (c) Interest shall accrue from the date a Loan an Advance is advanced made or Obligation is incurred or payable, until paid in full by Borrowers. If a Loan is repaid on the Amended & Restated Loan Agreement (PF) same day made, one day’s interest shall accrue. Interest accrued on the Loans shall be due and payable by Borrowers in arrears, (i) on the last Business Day tenth day of each calendar quarter month during the term hereof (other than with respect to LIBOR Loanseach a “Payment Date”); (ii) on any date of prepayment, with respect to the principal amount of Loans (other than Adjusted Base Rate Revolver Loans) being prepaid; and (iii) on the Capital Expenditure Loan Maturity Date, the Revolver Termination Date, the Term Loan Maturity Date or the DDTL Maturity Date. Interest accrued on LIBOR All computations of interest for Base Rate Loans and Fixed Rate Loans shall be due and payable in arrears made on the last day basis of the Interest Period; provided that if any Interest Period exceeds three monthsa year of 360 days, and actual days elapsed. All other computations of fees and interest shall be due made on the basis of a 360-day year and payable every three months after actual days elapsed (which results in more fees or interest, as applicable, being paid than if computed on the beginning basis of such Interest Period. Interest accrued on any other Obligations shall be due and payable as provided in the Loan Documents and, if no payment date is specified, shall be due and payable on demanda 365-day year). Notwithstanding the foregoing, interest accrued at the Default Rate shall be due and payable on demand.

Appears in 1 contract

Sources: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)