Common use of Interest Clause in Contracts

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay interest on the principal amount of the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

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Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay interest on the principal amount of the US $500,000,000 Securities at 6.2504.500% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will (a) The Company promises to pay interest on the principal amount Principal Amount (as hereinafter defined) of this Note at the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowRate (as defined herein). The Company will shall pay accrued interest quarterly in arrears at the Interest Rate for such quarter on each January 15, April 15, July 15, October 15 of each calendar year during the term hereof and Additional Amountson the Maturity Date, or, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is shall not be a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due to occur after such date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such perioddate upon which interest shall be so payable, an “Interest PeriodPayment Date”), commencing on April 15, 2017 and on each Interest Payment Date shall pay interest accrued from (but excluding) the immediately preceding date of payment of interest through and including such Interest Payment Date at the Interest Rate for such quarter; provided, however, that for so long as the Company is prohibited from paying interest on this Note in cash pursuant to the Subordination Agreement, the Loan Agreement and/or one or more senior financing arrangements to which it is subject (if any, the “Senior Financing Arrangements”), the Company shall pay all of the interest on this Note by capitalizing on the applicable Interest Payment Date all such interest (all such accrued interest capitalized from time to time is referred to herein as “PIK Interest”) and by adding such PIK Interest to the Principal Amount of the applicable Note; provided, further, however, that if this Note is converted into fully paid and non- assessable Conversion Shares, the accrued but unpaid interest will also be converted into fully paid and non-assessable Conversion Shares as provided in Section 4. Interest on this Note shall accrue from the Securities will date of issuance until repayment of the Principal Amount and payment of all accrued interest in full. Interest shall accrue and be calculated computed on the basis of the actual number of days in the related period over 360 days. PIK Interest on any Note shall be deemed for all purposes to be principal of such Note (including with respect to the accrual of interest on any PIK Interest amounts), whether or not such Note is marked to indicate the addition of such PIK Interest, and interest shall begin to accrue on PIK Interest beginning on and including the Interest Payment Date on which such PIK Interest is added to the Principal Amount of the related Note (including PIK Interest), and such interest shall accrue and be paid, together with the interest on the entire remaining Principal Amount of such Note, in accordance with this Section 3.10 of the Indenture2. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.For purposes herein,

Appears in 2 contracts

Samples: Subordination Agreement (YogaWorks, Inc.), Subordination Agreement (YogaWorks, Inc.)

Interest. ArcelorMittal(a) Ryerson, Inc., a société anonyme organized under Luxembourg law will Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of the US $500,000,000 Securities this Note (“Notes”) at 6.250a fixed rate of 9% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowannum. The Company Issuers will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture in United States dollars (except as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually otherwise provided herein) semiannually in arrears on February 25 April 15 and August 25 of each year (each an Interest Payment Date) October 15, commencing on August 25April 15, 2012, to the Holders of Securities registered as 2013 or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest PeriodPayment Date”). Interest on the Securities will be calculated Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in accordance with Section 3.10 the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to accrue 1% per annum in excess of the then applicable interest rate on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except Notes to the extent that there is failure lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the subsequent payment same rate to the relevant Holders following such notificationextent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

Interest. ArcelorMittalEclipse Resources I, LP, a société anonyme organized under Luxembourg law will Delaware limited partnership (the “Company”), promises to pay or cause to be paid interest on the principal amount of this Security at the US $500,000,000 Securities at 6.250rate of 12.0% per annum in the case of cash interest (“Cash Interest”) and 13.0% per annum in the case of PIK Interest from February 28June 26, 2012 2013 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company will pay interest and Additional Amountsinterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 January 15 and August 25 July 15 of each year (each each, an Interest Payment Date) commencing on August 25”), 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next succeeding Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture; provided, and that no interest will shall accrue on for the postponed amount from the original due date to the next day that is a Business Dayintervening period. Interest on the Securities will accrue from the Closing Date most recent date to which interest has been paid or duly provided for or, if no interest has already been paidpaid or duly provided for, from the date it was most recently paid of original issuance; provided that, if this Security is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be January 15, 2014. At the Company’s option, for the first two semi-annual interest payments following the Issue Date, interest will be payable by increasing the principal amount of the outstanding Global Securities or by issuing PIK Securities (each such period, an Interest PeriodPIK Interest”). At the Company’s option, for the subsequent four semi-annual interest payments thereafter, interest will be payable in the form of 6.0% per annum in cash and 7.0% per annum in PIK Interest. Thereafter, interest can only be paid as Cash Interest. In the absence of an interest payment election made by the Company as set forth above, interest on the Securities shall be payable as Cash Interest only. Notwithstanding anything to the contrary, the payment of accrued interest in connection with any redemption or purchase of the Securities, as described in Sections 3.05, 4.07, 4.09 and 4.18 of the Indenture shall be made solely as Cash Interest only. At all times, PIK Interest on the Securities will be calculated payable (x) with respect to Securities represented by one or more Global Securities registered in accordance with Section 3.10 the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant record date, by increasing the principal amount of the Indentureoutstanding Global Security by an amount equal to the amount of PIK Interest payable for the applicable interest period (rounded down to the nearest whole dollar) as provided in an Authentication Order from the Company to the Trustee and (y) with respect to Securities represented by Definitive Securities, by issuing PIK Securities in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded down to the nearest whole dollar), and the Trustee will, at the request of the Company, authenticate and deliver such PIK Securities for original issuance to the Holders on the relevant record date, as shown by the records of the register of Holders. Following an increase in the principal amount of the outstanding Global Securities as a result of a PIK Payment, the Securities will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Securities will be dated as of the applicable Interest Payment Date and will bear interest from and after such date. All Securities issued pursuant to a PIK Payment will mature on July 15, 2018 and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as the Securities issued on the Issue Date. Any PIK Securities will be issued with the description “PIK” on the face of such PIK Security. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year comprised of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 2 contracts

Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp)

Interest. ArcelorMittalInnophos, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2508.875% per annum from February 28, 2012 20 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on August 15 and February 25 and August 25 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be , 20 . The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Indenture (Innophos Investment Holdings, Inc.), Indenture (Innophos, Inc.)

Interest. ArcelorMittalICON Health & Fitness, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25011.25% per annum from February 28April 9, 2012 2002 until Maturity. Interest will be subject maturity and shall pay the Additional Interest, if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 July 1 and August 25 January 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be July 1, 2002. The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

Interest. ArcelorMittalCEMEX Finance LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (together with its successors and assigns, the “Issuer”), promises to pay interest on the principal amount of this Note at the US $500,000,000 Securities at 6.250% rate per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowshown above. The Company Issuer will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually semiannually in arrears on February 25 and August 25 each Interest Payment Date of each year (each an Interest Payment Date) commencing on August 25October 1, 20122014; provided, to the Holders of Securities registered as that if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of PaymentDay, we will pay interest or principal, as the case may be, then such payment shall be made on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a succeeding Business Day. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid on the Notes or, if no interest has already been paid, from the date it was most recently paid (each such periodApril 1, an “Interest Period”). Interest 2014; provided, that if there is no existing Default or Event of Default on the Securities will be calculated payment of interest, and if this Note is authenticated between a Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after April 1, 2014), interest shall accrue from such next succeeding Interest Payment Date, except in accordance with Section 3.10 the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue to shall accrue from April 1, 2014. The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the then applicable interest rate on the Securities Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace period, at the rates set forth above, as same rate to the case may be, until extent lawful. Interest will be computed on the earlier basis of a 360-day year of twelve 30-day months. Each interest period shall end on (abut not include) the day on which all sums due in respect of such Securities up to that day are received relevant interest payment date. All payments made by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Jurisdiction, unless such Securities up withholding or deduction is required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to that seventh day, except each Holder of the Notes Additional Amounts as provided in the Indenture subject to the extent that there is failure limitations set forth in the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Interest. ArcelorMittalCPM Holdings, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.250% 10⅝% per annum from February 28________________, 2012 20__ until Maturity. Interest will be subject maturity and shall pay the Special Interest, if any, payable pursuant to adjustment in accordance with Article III Section 4 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsSpecial Interest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 March 1 and August 25 September 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20_. The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 2% per annum in excess of the Indenturerate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Special Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Intercreditor Agreement (CPM Holdings, Inc.), CPM Holdings, Inc.

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will The Company promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2508 1/8% per annum from February 28March 4, 2012 2003 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company will pay interest semiannually on March 1 and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 September 1 of each year (each an "Interest Payment Date) commencing "), or if any such day is not a Business Day, on August 25, 2012the next succeeding Business Day, to the Holders holder of Securities registered as such as of record at the close of business on February 10 and 15 or August 10, 15 immediately preceding the relevant such Interest Payment Date. If an Interest on the Notes will accrue from the most recent Interest Payment Date or the maturity date in respect of the Securities on which interest has been paid or, if no interest has been paid, from March 4, 2003; provided that if there is not a Business Day no existing Default in the Place payment of Paymentinterest, we will and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be September 1, 2003. Further, the Company shall pay interest or principalon overdue principal and premium, as if any, from time to time on demand at a rate equal to the case may be, interest rate then in effect; it shall pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the next Business Daybasis of a 360-day year of twelve 30-day months. Payments postponed [The Holder of this Note is entitled to the next Business Day benefits of a registration rights agreement, dated as of March 4, 2003, between the Company and the Initial Purchasers named therein (the "Registration Rights Agreement"). In the event that a Registration Default (as defined in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this IndentureRegistration Rights Agreement) occurs, and no interest liquidated damages ("Liquidated Damages") will accrue on the postponed affected Transfer Restricted Notes and the affected Private Exchange Notes, as applicable. The rate of Liquidated Damages will be $0.05 per week per $1,000 principal amount from of Transfer Restricted Notes and affected Private Exchange Notes held by such Holder for the original due date first 90-day period immediately following the occurrence of a Registration Default, increasing by an additional $0.05 per week per $1,000 principal amount of Transfer Restricted Notes and affected Private Exchange Notes with respect to the next each subsequent 90-day that is period thereafter up to a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paidmaximum amount of Liquidated Damages for all Registration Defaults of $0.50 per week per $1,000 principal amount of Transfer Restricted Notes and affected Exchange Notes, from and including the date it was most recently paid (each on which any such periodRegistration Default shall occur to, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemptionbut excluding, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a1) the day date on which all sums due in respect of such Securities up to that day are received by the relevant Holder Registration Defaults have been cured or (b2) the day falling seven days after the Trustee has notified the date on which all Transfer Restricted Notes and Private Exchange Notes otherwise become freely transferrable by Holders of receipt of all sums due in respect other than affiliates of the such Company without further registration under the Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationAct.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Northwest Pipeline Corp), Indenture (Williams Companies Inc)

Interest. ArcelorMittalXxxxxxx Xxxxx Rental, L.P., a société anonyme organized under Luxembourg law will Pennsylvania limited partnership (the "Company"), and Xxxxxxx Xxxxx Capital Corporation, a Delaware corporation ("AC Capital Corp." and, together with the Company, the "Issuers"), promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25010 3/8% per annum from February 281, 2012 1999 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Liquidated Damages semi-annually in arrears on February 25 1 and August 25 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated February 1, 1999. The Issuers shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Senior Subordinated Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will The Company promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25091/2% per annum from February 28, 2012 the date hereof until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will maturity [and shall pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of as provided in the Indenture (as amended by Article IV of the Sixth Supplemental Indenture Registration Rights Agreement, dated January 20, 2011+ referred to below)].* The Company shall pay interest [and Additional Interest, if any,] semi-annually in arrears on February 25 15th and August 25 15th of each year (each an Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid on the Notes (or one or more Predecessor Notes) commencing or, if no interest has been paid, from the date of original issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 face hereof and August 10, immediately preceding the relevant next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be [August 15, 2011]:. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate borne by the Notes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest] (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of PaymentDay, we will pay interest or principal, as the case payment may be, be made on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note was issued in connection with the Exchange Offer pursuant to which the 9½% Senior Notes due 2019 in like principal amount were exchanged for Exchange Notes. The Exchange Notes rank pari passu in right of payment with the Initial Notes. For any period in which the Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be due and owing on the Securities will accrue from Initial Note in connection with the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationRegistration Rights Agreement.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Laredo Petroleum Holdings, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will The Company promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.250% 9½% per annum from February 28, 2012 the date hereof until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will maturity [and shall pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of as provided in the Indenture (as amended by Article IV of the Sixth Supplemental Indenture Registration Rights Agreement, dated January 20, 2011+ referred to below)].* The Company shall pay interest [and Additional Interest, if any,] semi-annually in arrears on February 25 15th and August 25 15th of each year (each an Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid on the Notes (or one or more Predecessor Notes) commencing or, if no interest has been paid, from the date of original issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 face hereof and August 10, immediately preceding the relevant next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be [August 15, 2011]:. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate borne by the Notes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest] (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of PaymentDay, we will pay interest or principal, as the case payment may be, be made on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note was issued in connection with the Exchange Offer pursuant to which the 9½% Senior Notes due 2019 in like principal amount were exchanged for Exchange Notes. The Exchange Notes rank pari passu in right of payment with the Initial Notes. For any period in which the Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be due and owing on the Securities will accrue from Initial Note in connection with the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationRegistration Rights Agreement.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Laredo Petroleum Holdings, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Interest. ArcelorMittalHTCC Holdco I B.V., a société anonyme organized private limited liability company incorporated under Luxembourg law will the laws of the Netherlands Antilles (such company and its successors and assigns under the Indenture hereinafter referred to, being herein called the “Issuer”), for value received promises to pay interest on the principal amount of the US $500,000,000 Securities this Note from October 30, 2006. Each Note will bear interest at 6.250% a rate per annum from February 28(the “Applicable Rate”), 2012 until Maturity. Interest reset quarterly, equal to EURIBOR, in each case, plus 8.250% as determined by the calculation agent (the “Calculation Agent”), which will initially be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional AmountsTrustee, plus the Ratchet Margin (if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities Notes will be calculated in accordance with Section 3.10 payable (at the election of the Indenture. Interest will cease Issuer made prior to accrue on the Securities on the due relevant record date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may beof cash interest) either in cash or through the issuance of Additional Notes in a principal amount equal to such interest amount (in increments of €1) quarterly in arrears on January 15, until the earlier of (a) the day on which all sums due in respect of such Securities up April 15, July 15, and October 15, commencing January 15, 2007. The Issuer will make each interest payment to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt record of all sums due the Notes on the immediately preceding January 1, April 1, July 1 and October 1. The Additional Notes will be identical to the originally issued Notes, except that interest will begin to accrue from the date they are issued rather than the Issue Date. Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including the Issue Date. The Calculation Agent will, as soon as practicable after 11:00 a.m. (London time) on each Determination Date, determine the Applicable Rate, and calculate the aggregate amount of interest payable on the Notes in respect of the such Securities up to that seventh day, except following Interest Period (the “Interest Amount”). The Interest Amount will be calculated by applying the Applicable Rate to the extent that there is failure principal amount of each Note outstanding at the commencement of the Interest Period, multiplying each such amount by the actual number of days in the subsequent payment Interest Period concerned divided by 360. All percentages resulting from any of the above calculations will be rounded, if necessary, to the relevant Holders following nearest one hundred thousandth of a percentage point, with five one-millionths of a percentage point being rounded upwards (e.g. 4.876545% (or .04876545) being rounded to 4.87655% (or .0487655)). All euro amounts used in or resulting from such notificationcalculations will be rounded to the nearest euro cent (with one-half euro cent being rounded upwards). The determination of the Applicable Rate and the Interest Rate Amount by the Calculation Agent shall, in the absence of willful default, bad faith or manifest error, be binding on all parties. The Applicable Rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application. The Calculation Agent shall be under no obligation to monitor whether the Applicable Rate exceeds such maximum rate. The Calculation Agent will, upon the written request of the Holder of any Note, provide the interest rate then in effect with respect to the Notes. The rights of holders of beneficial interests in the Notes to receive the payments of interest on the Notes are subject to applicable procedures of the book-entry depositary and Euroclear and Clearstream. “Determination Date,” with respect to an Interest Period relating to EURIBOR, will be the day that is two TARGET Settlement Days preceding the first day of such Interest Period.

Appears in 2 contracts

Samples: Invitel Holdings a/S, Invitel Holdings a/S

Interest. ArcelorMittalTarga Resources Partners LP, a société anonyme organized under Luxembourg law will Delaware limited partnership (“Targa Resources Partners”), and Targa Resources Partners Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with Targa Resources Partners, the “Issuers”), promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2505.125% per annum from February 28October 6, 2012 2016 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 4 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 1 and August 25 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities this Note will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be February 1, 2017. The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate then in effect to the extent lawful; and they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace periods), from time to time on demand at the Indenturesame rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 2 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Corp.), Conveyance and Assumption Agreement (Targa Resources Partners LP)

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law (a) Each Junior Subordinated Note will pay bear interest on at (i) the principal amount rate of the US $500,000,000 Securities at 6.2507.50% per annum (the “Fixed Coupon Rate”) until June 30, 2016 (the “Fixed Rate Period”), and (ii) the Three-Month LIBOR Rate plus 2.825% per annum, reset quarterly on the LIBOR Rate Reset Dates (the “Floating Coupon Rate” and, together with the Fixed Coupon Rate, the “Coupon Rate”), from February 28June 30, 2012 until Maturity. Interest 2016 up to, but not including, the Stated Maturity (the “Floating Rate Period”), and will be bear interest on any overdue principal at the then prevailing Coupon Rate and (to the extent that payment of such interest is enforceable under applicable law) on any overdue installment of interest at the then prevailing Coupon Rate (“Additional Interest”), compounded semi-annually for the Fixed Rate Period and quarterly for the Floating Rate Period, payable (subject to adjustment in accordance with the provisions of Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), IV) semi-annually in arrears on February 25 the 30th day of June and August 25 December of each year during the Fixed Rate Period and quarterly in arrears on the 30th day of March, June, September and December of each year during the Floating Rate Period (each each, an Interest Payment Date) ”), commencing on August 25December 30, 20122006 for the Fixed Rate Period and September 30, 2016 for the Floating Rate Period to the Holders of Securities registered as Person in whose name such as of Junior Subordinated Note is registered, subject to certain exceptions, at the close of business on February 10 and August 10, immediately the Record Date next preceding the relevant such Interest Payment Date. If an The “Record Date” for payment of interest will be the Business Day next preceding the Interest Payment Date Date, unless such Junior Subordinated Note is registered to a holder other than the Depositary or the maturity date in respect a nominee of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalDepositary, in which case the Record Date for payment of interest will continue to accrue on be the Securities at fifteenth calendar day preceding the rates set forth aboveapplicable Interest Payment Date, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder whether or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationnot a Business Day.

Appears in 2 contracts

Samples: First Supplemental Indenture (Dominion Resources Inc /Va/), First Supplemental Indenture (Dominion Resources Inc /Va/)

Interest. ArcelorMittalCEMEX Finance LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (together with its successors and assigns, the “Issuer”) promises to pay interest on the principal amount of this Note at the US $500,000,000 Securities at 6.250% rate per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowshown above. The Company Issuer will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually semiannually in arrears on February 25 and August 25 each Interest Payment Date of each year (each an Interest Payment Date) commencing on August 25June 14, 2012, to the Holders of Securities registered as 2010; provided that if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of PaymentDay, we will pay interest or principal, as the case may be, then such payment shall be made on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a succeeding Business Day. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid on the Notes or, if no interest has already been paid, from the date it was most recently paid (each such periodDecember 14, an “Interest Period”). Interest 2009; provided that if there is no existing Default or Event of Default on the Securities will be calculated payment of interest, and if this Note is authenticated between a Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after December 14, 2009), interest shall accrue from such next succeeding Interest Payment Date, except in accordance with Section 3.10 the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue to shall accrue from December 14, 2009. The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the then applicable interest rate on the Securities Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace period, at the rates set forth above, as same rate to the case may be, until extent lawful. Interest will be computed on the earlier basis of (a) the a 360-day on which all sums due in respect year of such Securities up to that twelve 30-day are received months. All payments made by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Authority, unless such Securities up withholding or deduction is required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to that seventh day, except each Holder of the Notes Additional Amounts as provided in the Indenture subject to the extent that there is failure limitations set forth in the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Cemex Sab De Cv, Cemex Sab De Cv

Interest. ArcelorMittal(a). Marquee Holdings Inc., a société anonyme organized Delaware corporation (such corporation, and its successors under Luxembourg law will the Indenture hereinafter referred to, being herein called the "COMPANY"), promises to pay interest on the principal amount at maturity of this Security at the US $500,000,000 rate per annum shown above. Unless the Company elects to pay cash interest as described below, no cash interest will accrue on the Securities prior to August 15, 2009. The Accreted Value of each Security will increase from the date of issuance until August 15, 2009, at 6.250a rate of 12% per annum, compounded semiannually on each February 15 and August 15 commencing February 15, 2005, reflecting the accrual of non-cash interest, such that the Accreted Value will equal the stated principal amount at maturity on August 15, 2009. Cash interest on the Securities will accrue at the rate of 12% per annum from February 28August 15, 2012 until Maturity. Interest 2009, or from the most recent date to which interest has been paid or provided for, and will be subject to adjustment payable in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears cash semiannually on February 25 15 and August 25 15 of each year (each an "INTEREST PAYMENT DATE"), commencing on February 15, 2010, to holders of record on the immediately preceding February 1 and August 1, respectively. Notwithstanding the foregoing, on any Interest Payment Date prior to August 15, 2009, the Company may elect to commence to pay cash interest (from and after such Interest Payment Date), in which case (i) commencing the Company will be obligated to pay cash interest on August 25each subsequent Interest Payment Date, 2012, (ii) the Securities will cease to accrete after such Interest Payment Date and (iii) the outstanding principal amount at Stated Maturity of each Security will be equal to the Holders Accreted Value of Securities registered as such Security as of close of business on February 10 and August 10, immediately preceding the relevant such Interest Payment Date. If an Interest Payment Date or and Accreted Value will be computed on the maturity date in respect basis of a 360-day year comprised of twelve 30-day months. The Company shall pay interest on overdue principal at the rate borne by the Securities is not a Business Day in the Place of Paymentplus 1% per annum, we will and it shall pay interest or principal, as on overdue installments of interest at the case may be, on rate borne by the next Business Day. Payments postponed Securities to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indentureextent lawful. Interest will cease to accrue on be payable as described in the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh dayforegoing paragraph, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationas described under Section 15 of this Security.

Appears in 2 contracts

Samples: Merger Agreement (Amc Entertainment Inc), Merger Agreement (Marquee Holdings Inc.)

Interest. ArcelorMittalTV One, LLC, a société anonyme organized under Luxembourg law will Delaware limited liability Company (the “Company”), TV One Capital Corp., a Delaware corporation (“Capital Corp.”, and together with the Company, the “Issuers”), promise to pay or cause to be paid interest on the principal amount of the US $500,000,000 Securities this Note at 6.25010.00% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowannum. The Company Issuers will pay interest and Additional Amountsinterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually monthly in arrears on February 25 and August 25 the fifteenth (15th) day of each year (month of each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day (each, a “Monthly Interest Payment Date”); provided that the Issuers may make a one-time election (a “Semiannual Interest Payment Election”) to pay interest, if any, semiannually in this situation will be treated under this Indenture as if they were made arrears on the original due date. Postponement six-month anniversaries of this kind will the Monthly Interest Payment Date immediately preceding the date of the Semiannual Interest Payment Election, or if any such day is not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day, on the next succeeding Business Day (each, a “Semiannual Interest Payment Date” and together with a Monthly Interest Payment Date, an “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date on which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that, an “Interest Period”). Interest if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be March 15, 2011. The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal at a rate that is 1% higher than the then applicable interest rate on the Notes to the extent lawful; they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest, if any (without regard to any applicable grace period), at a rate that is 1% higher than the then applicable interest rate on the Notes to the extent lawful. The Issuers may make a one-time Semiannual Interest Payment Election at any time prior to the beginning of the Indentureinterest period that begins immediately prior to the Stated Maturity of this Note by delivering a written notice to the Trustee and the Holders. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year comprised of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 2 contracts

Samples: Global Security (Radio One, Inc.), Indenture (Radio One, Inc.)

Interest. ArcelorMittalCentral European Media Enterprises Ltd., a société anonyme company organized under Luxembourg law will the laws of Bermuda (the “Issuer”), promises to pay interest on the principal amount of this Note (as defined herein) at the US $500,000,000 Securities at 6.250rate of 15.0% per annum from February 28, 2012 until Maturityannum. Interest on this Note will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), payable semi-annually in arrears on February 25 June 1 and August 25 of each year (each an Interest Payment Date) commencing on August 25December 1, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such periodeach, an “Interest Periodinterest payment date”). Interest on this Note will accrue from the Securities most recent date to which interest has been paid or, if no interest has been paid, from and including the Issue Date. The Issuer promises to pay such interest on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing the principal amount of the outstanding Notes (“PIK Interest”) on such interest payment date. With respect to interest on the Notes for a semi-annual period due on an interest payment date, the Issuer may elect, at its option, to pay interest due on the Notes on such interest payment date (i) entirely in Cash Interest at the rate of 15.0% per annum (“Cash Interest Payment”) or (ii) entirely in PIK Interest at the rate of 15.0% per annum (“PIK Interest Payment”). In order to elect to pay Cash Interest on any interest payment date, the Issuer must deliver a written notice of its election to the Trustee no later than 10 days prior to such interest payment date (the “Cash Election Deadline”) specifying that it is electing a Cash Interest Payment (and if the Issuer does not deliver such notice on or prior to the Cash Election Deadline, then a PIK Interest Payment shall be made on such interest payment date). Notwithstanding the foregoing, the Issuer shall be deemed to have elected to make a PIK Interest Payment with respect to the entire principal amount of the Notes for all interest payment dates occurring prior to November 15, 2015. PIK Interest on the Notes will be calculated payable in accordance with the manner set forth in Section 3.10 2.17 of the Indenture. Interest will cease to accrue on Following an increase in the Securities on principal amount of the due date for their redemption, unless, upon such due date, outstanding Global Notes as a result of the payment of PIK Interest, the Global Notes will bear interest on such increased principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on amount from and after the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect date of such Securities up to that day are received by payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except Indenture. Any interest paid on this Note shall be increased to the extent that there is failure in the subsequent payment necessary to the relevant Holders following such notificationpay Additional Amounts as set forth herein.

Appears in 2 contracts

Samples: Indenture (CME Media Enterprises B.V.), Central European Media Enterprises LTD

Interest. ArcelorMittalVideotron Ltd., a société anonyme organized corporation under Luxembourg law will the laws of Québec (the “Company”), promises to pay interest (as defined in the Indenture) on the principal amount of the US $500,000,000 Securities this Note at 6.2505.75% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company will shall pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears in equal installments (except as noted below) on February 25 March 15 and August 25 September 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an “Interest Payment Date”). Interest on the Securities will Notes shall accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date of issuance; provided, however, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be March 15, 2016. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the interest rate then in effect under the Indenture and this Note; it was most recently paid shall pay interest (each such including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods), from time to time on demand at the same rate to the extent lawful. In the case of the final interest period, an “Interest Period”if applicable (from September 15, 2025 to January 15, 2026). Interest on the Securities , interest will be calculated in accordance with Section 3.10 on the basis of the Indentureactual number of days elapsed from September 15, 2025 to (but excluding) January 15, 2026 divided by 365. Interest In the case of any other interest period that is shorter than a full semi-annual interest period due to redemption, interest will cease to accrue be calculated on the Securities on basis of a 365-day year and the due actual number of days elapsed from (and including) the date of the previous interest payment to (but excluding) the interest payment date for their redemptionsuch interest period. For the purposes of the Interest Act (Canada), unlesswhenever interest is computed on a basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, upon such due date, payment rate of principal is improperly withheld or refused or if default is otherwise made in respect interest shall be expressed as a yearly rate for purposes of payment the Interest Act (Canada) by multiplying such rate of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven actual number of days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to calendar year of calculation and dividing it by the relevant Holders following such notificationnumber of days in the deemed year.

Appears in 2 contracts

Samples: Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Interest. ArcelorMittalVentas Realty, a société anonyme organized under Luxembourg law will Limited Partnership and Ventas Capital Corporation (collectively, the "Issuers"), promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.250___% per annum from February 28________________, 2012 2002 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 4 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 ___________ and August 25 ___________ of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be _____________, 200__. The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; the Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 2 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)

Interest. ArcelorMittalVideotron Ltd., a société anonyme organized corporation under Luxembourg law will the laws of Québec (the “Company”), promises to pay interest (as defined in the Indenture) on the principal amount of the US $500,000,000 Securities this Note at 6.2504.50% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company will shall pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears in equal installments (except as noted below) on February 25 April 15 and August 25 October 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an “Interest Payment Date”). Interest on the Securities will Notes shall accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided, an “Interest Period”). Interest however, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be April 15, 2020. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the interest rate then in effect under the Indenture and this Note; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods), from time to time on demand at the same rate to the extent lawful. In the case of (i) the first interest period (from October 8, 2019 to April 15, 2020), interest will be calculated in accordance with Section 3.10 on the basis of the Indenture. Interest actual number of days elapsed from October 8, 2019 to (but excluding) April 15, 2020 divided by 365, and (ii) the final interest period, if applicable (from October 15, 2029 to January 15, 2030), interest will cease to accrue be calculated on the Securities basis of the actual number of days elapsed from October 15, 2029 to (but excluding) January 15, 2030 divided by 365. In the case of any other interest period that is shorter than a full semi-annual interest period due to redemption, interest will be calculated on the due basis of a 365-day year and the actual number of days elapsed from (and including) the date of the previous interest payment to (but excluding) the interest payment date for their redemptionsuch interest period. For the purposes of the Interest Act (Canada), unlesswhenever interest is computed on a basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, upon such due date, payment rate of principal is improperly withheld or refused or if default is otherwise made in respect interest shall be expressed as a yearly rate for purposes of payment the Interest Act (Canada) by multiplying such rate of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven actual number of days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to calendar year of calculation and dividing it by the relevant Holders following such notificationnumber of days in the deemed year.

Appears in 2 contracts

Samples: Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Interest. ArcelorMittalXxxxxx American Corp., a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25011 3/4% per annum from February 28________________, 2012 20__ until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 June 15 and August 25 December 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Execution Copy (M & F Worldwide Corp), Execution Copy (M & F Worldwide Corp)

Interest. ArcelorMittalAPCOA/Standard Parking, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25014% per annum from February 28January 11, 2012 2002 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 7 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. Interest in the amount of 10% per annum will be paid in cash, and interest in the amount of 4% per annum will be paid in additional Notes (the "PIK Notes"). The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 June 15 and August 25 December 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan " Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date of such Notes issuance; PROVIDED that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; PROVIDED, FURTHER, that the first Interest Payment Date shall be June 15, 2002. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect; it was most recently paid will pay interest (each such periodincluding post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, an “Interest Period”)if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the Securities basis of a 360-day year of twelve 30-day months. PIK Notes will be calculated issued in accordance denominations of $100.00 principal amount and integral multiples thereof. The amount of PIK Notes issued to any Holder will be rounded down to the nearest $100.00 with Section 3.10 any fractional amount paid to such Holder in cash. PIK Notes will bear interest (including interest paid on the date of maturity of the Notes) and Liquidated Damages, if any, in a manner identical to all other Notes issued under the Indenture. Interest On the maturity date the Company will cease pay to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect 105% of the such Securities up to that seventh dayprincipal amount hereof, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationplus interest and Liquidated Damages, if any, then due.

Appears in 2 contracts

Samples: Ap Holdings Inc, Apcoa Standard Parking Inc /De/

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay interest on the principal amount of the US $500,000,000 US$1,000,000,000 Securities at 6.2507.000% per annum from February 28October 8, 2012 2009 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Second Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below)Indenture, semi-annually in arrears on February 25 April 15 and August 25 October 15 of each year (each an Interest Payment Date) commencing on August 25April 15, 20122010, to the Holders of Securities registered as such as of close of business on February 10 April 1 and August 10October 1, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. ArcelorMittalGuitar Center Holdings, Inc., a société anonyme organized under Luxembourg law will Delaware corporation and any successor thereto (“Holdings” or the “Company”) promises to pay interest on the principal amount of the US $500,000,000 Securities this 14.09% Senior PIK Note due 2018 (a “14.09% Senior PIK Note”) at 6.250a fixed rate of 14.09% per annum from February 28, 2012 until Maturityannum. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company Holdings will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture in United States dollars (except as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually otherwise provided herein) semiannually in arrears on February 25 April 15 and August 25 of each year (each an Interest Payment Date) October 15, commencing on August 25October 15, 20122008 or, with respect to the Holders of Securities registered Cash Interest (as defined below) if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest PeriodPayment Date”). Interest on the Securities will be calculated 14.09% Senior PIK Notes shall accrue from the most recent date to which interest has been paid; provided that (i) if there is no existing Default or Event of Default in accordance with Section 3.10 the payment of interest, and if this 14.09% Senior PIK Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after August 6, 2008), interest shall accrue from such next succeeding Interest Payment Date, and (ii) in the case of the Indentureoriginal issuance of 14.09% Senior PIK Notes, interest shall accrue from April 15, 2008. Interest will cease Holdings shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to accrue the then applicable interest rate on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except 14.09% Senior PIK Notes to the extent that there is failure lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any (without regard to any applicable grace period), at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the 14.09% Senior PIK Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application. Cash Interest (as defined below) on the 14.09% Senior PIK Notes will accrue at fixed rate of 14.09% per annum and be payable in cash. PIK Interest on the 14.09% Senior PIK Notes will be payable (x) with respect to 14.09% Senior PIK Notes represented by one or more global notes registered in the subsequent payment name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant record date, by increasing the principal amount of the outstanding global 14.09% Senior PIK Note by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest $1.00) and (y) with respect to 14.09% Senior PIK Notes represented by certificated notes, by issuing PIK Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable period (rounded up to the nearest whole dollar), and the Trustee will, at the request of the Company, authenticate and deliver such PIK Notes in certificated form for original issuance to the Holders on the relevant Holders following record date, as shown by the records of the register of Holders. Following an increase in the principal amount of the outstanding global 14.09% Senior PIK Notes as a result of a PIK Payment, the global 14.09% Senior PIK Notes will bear interest on such notificationincreased principal amount from and after the date of such PIK Payment. Any PIK Notes issued in certificated form will be dated as of the applicable interest payment date and will bear interest from and after such date. All 14.09% Senior PIK Notes issued pursuant to a PIK Payment will mature on the same date as the other 14.09% Senior PIK Notes and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as the 14.09% Senior PIK Notes issued on the Issue Date. Any certificated PIK Notes will be issued with the description PIK on the face of such PIK Note.

Appears in 2 contracts

Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

Interest. ArcelorMittalRFS Partnership, L.P., a société anonyme organized under Luxembourg law will Tennessee limited partnership (the "Company") and RFS 2002 Financing, Inc., a Tennessee corporation ("Finance," and together with the Company, the "Issuers"), promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2509.75% per annum from February 28the Issue Date until maturity and shall pay the Liquidated Damages, 2012 until Maturity. Interest will be subject if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will Issuers shall pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 March 1 and August 25 September 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will (each an "Interest Payment Date"). The first Interest Payment Date shall be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this IndentureSeptember 1, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day2002. Interest on the Securities will Notes shall accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid Issue Date; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a Record Date (each such period, an “Interest Period”). Interest defined below) referred to on the Securities will be calculated face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date. The Issuers shall pay interest (including Accrued Bankruptcy Interest in accordance with Section 3.10 of the Indenture. Interest will cease any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to accrue time on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities demand at the rates set forth aboverate then in effect; it shall pay interest (including Accrued Bankruptcy Interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, as if any, (without regard to any applicable grace periods) from time to time on demand at the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there is failure in lawful. Interest shall be computed on the subsequent payment to the relevant Holders following such notificationbasis of a 360-day year of twelve 30-day months.

Appears in 2 contracts

Samples: RFS Partnership Lp, RFS Hotel Investors Inc

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay interest on the principal amount of the US $500,000,000 1,000,000,000 Securities at 6.2506.75% per annum from February 28March 7, 2012 2011 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Fourth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below)Indenture, semi-annually in arrears on February 25 March 1 and August 25 September 1 of each year (each an Interest Payment Date) commencing on August 25September 1, 20122011, to the Holders of Securities registered as such as of close of business on February 10 15 and August 1015, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. ArcelorMittalThe Musicland Group, Inc., a société anonyme organized under Luxembourg law will Delaware corporation, or its successor (the "COMPANY"), promises to pay interest on the principal amount of this Senior Subordinated Note at the US $500,000,000 Securities at 6.250% rate of 9_% per annum from February 28and shall pay the Liquidated Damages, 2012 until Maturity. Interest will be subject if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture in United States dollars (except as amended by Article IV of the Sixth Supplemental Indenture referred to below), otherwise provided herein) semi-annually in arrears on February 25 March 15 and August 25 of each year (each an Interest Payment Date) September 15, commencing on August 25September 15, 20121998, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "INTEREST PAYMENT DATE"). Interest on the Securities will Senior Subordinated Notes shall accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; PROVIDED that if there is no existing Default or Event of Default in the payment of interest, an “Interest Period”). Interest and if this Senior Subordinated Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the ------------------------------ 1 These paragraphs should be calculated in accordance with Section 3.10 removed upon the exchange of Regulation S Temporary Global Notes for Regulation S Permanent Global Notes pursuant to the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalSenior Subordinated Notes, in which case interest will continue shall accrue from the date of authentication. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to accrue 1% per annum in excess of the then applicable interest rate on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except Senior Subordinated Notes to the extent that there is failure lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace period) at the subsequent payment same rate to the relevant Holders following such notificationextent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months.

Appears in 2 contracts

Samples: Musicland Group Inc /De, Musicland Stores Corp

Interest. ArcelorMittalTarga Resources Partners LP, a société anonyme organized under Luxembourg law will Delaware limited partnership (“Targa Resources Partners”), and Targa Resources Partners Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with Targa Resources Partners, the “Issuers”), promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2505.375% per annum from February 28October 6, 2012 2016 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 4 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 1 and August 25 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities this Note will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be February 1, 2017. The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate then in effect to the extent lawful; and they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace periods), from time to time on demand at the Indenturesame rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 2 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Corp.)

Interest. ArcelorMittalTrinity Industries, Inc., a société anonyme organized Delaware corporation (such corporation, and its successors and assigns under Luxembourg law will the Indenture hereinafter referred to, being herein called the “Company”), promises to pay interest on the principal amount of this Security at the US $500,000,000 Securities at 6.250rate of 3 7 / 8 % per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowannum. The Company will pay interest semiannually on June 1 and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 December 1 of each year (each an Interest Payment Date) commencing on August 25December 1, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day2006. Interest on the Securities will accrue from the Closing Date most recent date to which interest has been paid on the Securities or, if no interest has already been paid, from June 7, 2006. Interest will be computed on the date it was most recently paid (each such period, an “Interest Period”)basis of a 360-day year of twelve 30-day months. Interest on Securities converted after the close of business on a Regular Record Date, but prior to the opening of business on the corresponding interest payment date, will be paid to the Holder on the Regular Record Date but, upon conversion, the Holder must pay the Company the interest which has accrued and will be paid to the Holder on such interest payment date. No such payment need be made with respect to Securities in respect of which a Redemption Date has been declared that falls within such period or on such interest payment date. A Holder shall be entitled to receive accrued and unpaid interest, including any Contingent Interest, in respect of a Security (A) if the Company calls such Security for redemption and such Holder converts such Security on or prior to the Redemption Date, (B) if the Company establishes a Fundamental Change Purchase Date during the period from the close of business on any Regular Record Date to the opening of business on the corresponding interest payment date has been established that falls within this period or on such interest payment day and such Holder converts its Security prior to the Fundamental Change Purchase Date, (C) if a Holder converts the Securities will be calculated following the Record Date immediately preceding the Stated Maturity, or (D) to the extent of any overdue interest, if any overdue interest exists at the time of conversion with respect to a Security. If the principal hereof or any portion of such principal is not paid when due (whether upon acceleration, upon the date set for payment of the redemption price pursuant to paragraph 6 hereof, upon the date set for payment of a Purchase Price or Fundamental Change Purchase Price pursuant to paragraph 7 hereof or upon the Stated Maturity of this Security) or if interest (including Contingent Interest, if any) due hereon or any portion of such interest is not paid when due in accordance with Section 3.10 of this paragraph, then in each such case the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case overdue amount shall bear interest will continue to accrue on the Securities at the rates set forth aboverate of 3 7 / 8 % per annum, as the case may be, until the earlier of compounded semiannually (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment of such interest shall be legally enforceable), which interest shall accrue from the date such overdue amount was due to the relevant Holders following date payment of such notificationamount, including interest thereon, has been made or duly provided for. All such interest shall be payable on demand.

Appears in 2 contracts

Samples: Trinity Industries Inc, Indenture (Trinity Industries Inc)

Interest. ArcelorMittalSFX Entertainment, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2509-1/8% per annum from February 2811, 2012 1998 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Liquidated Damages semi-annually in arrears on February 25 1 and August 25 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated August 1, 1998. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Indenture (SFX Entertainment Inc), Indenture (SFX Broadcasting Inc)

Interest. ArcelorMittal(a) The Additional Series HH Notes will bear interest from December 19, 2013 at a société anonyme organized under Luxembourg law will pay floating rate equal to the Adjusted LIBOR Rate from time to time, payable quarterly on the 19th day of each March, June, September and December in each year (commencing March 19, 2014) and at the Stated Maturity (each such date being referred to as a “Series HH Interest Payment Date,” provided, that if any such date shall not be a Business Day, such Series HH Interest Payment Date shall be postponed to be the next Business Day) and shall bear interest on overdue principal (including any overdue required or optional prepayment of principal), LIBOR Breakage Amount, if any, and premium, if any, and (to the principal amount extent legally enforceable) on any overdue installment of interest at the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 Default Rate until Maturitypaid. Interest will shall be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day2.07. Interest on the Securities will accrue from Additional Series HH Notes shall be computed for the Closing Date or, if interest has already been paid, from actual number of days elapsed on the date it was most recently paid basis of a year consisting of 360 days. The Adjusted LIBOR Rate for the Additional Series HH Notes shall be determined by the Calculation Agent with respect to each Series HH Interest Period (each such period, an “other than the first Series HH Interest Period). Interest on the Securities will , and notice thereof shall be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received given by the relevant Holder or (b) Calculation Agent to the day falling seven days after the Trustee has notified Issuer and the Holders of receipt of all sums due in respect the Additional Series HH Notes, together with such information as the Series HH Required Holders may reasonably request for verification, on or promptly after the second London Business Day preceding each Series HH Interest Period (other than the first Series HH Interest Period). The Calculation Agent’s determination of the such Securities up to that seventh dayAdjusted LIBOR Rate shall be conclusive, except to absent manifest error. For avoidance of doubt, the extent that there is failure in interest rate on the subsequent payment to Additional Series HH Notes for the relevant Holders following such notificationfirst Series HH Interest Period shall be the same as the interest rate on the Original Series HH Notes for the same period.

Appears in 2 contracts

Samples: Second Supplemental Indenture of Trust (Kayne Anderson MLP Investment CO), Second Supplemental Indenture of Trust (Kayne Anderson MLP Investment CO)

Interest. ArcelorMittalCompressco Partners, L.P., a société anonyme organized under Luxembourg law will Delaware limited partnership (the “Company”), and Compressco Finance Inc., a Delaware corporation (together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2507.25% per annum from February 28until maturity and shall pay the Liquidated Damages, 2012 until Maturity. Interest will be subject if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 15 and August 25 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be , . The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate equal to the then applicable interest rate on the Notes; they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace periods), from time to time on demand at the Indenturesame rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 2 contracts

Samples: Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)

Interest. ArcelorMittalVitamin Shoppe Industries Inc., a société anonyme organized under Luxembourg law will New York corporation (the “Company”), promises to pay interest on the principal amount of this Note at a rate equal to the US $500,000,000 Securities at 6.250% Applicable Eurodollar Rate (as defined in the Indenture) in effect from time to time per annum from February 28________, 2012 200_ until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 6 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually quarterly in arrears on February 25 15, May 15, August 15 and August 25 November 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 1 contract

Samples: Indenture (Vs Direct Inc.)

Interest. ArcelorMittalVenture Holdings Trust (the "Trust"), a société anonyme organized under Luxembourg law will promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25011% per annum from February 28December 1, 2012 1999 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 4 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Trust will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Liquidated Damages semi-annually in arrears on February 25 June 1 and August 25 December 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest ------------------------- (3) To be calculated included only on Restricted Global Notes or Restricted Definitive Notes. A-3 110 Payment Date; provided, further, that the first Interest Payment Date shall be December 1, 1999. The Trust shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Experience Management LLC

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay The Loans principal amount owed accrues an interest rate computed from the date hereof to the date of full and effective payment of the Loans principal based on the principal amount of 180-day TAB rate plus the US $500,000,000 Securities following annual margin: if DEBTOR’s Local Rating is “BBB” or less, the applicable margin will be three annual percent points; if DEBTOR’s Local Rating is “BBB+”, the applicable margin will be two point five annual percent points; if DEBTOR’s Local Rating is “A-”, the applicable margin will be two point twenty-five annual percent points; and if DEBTOR’s Local Rating is “A” or more, the applicable margin will be two annual percent points; thereafter, the annual margin will be referred to as the “Applicable Margin", and the TAB Rate plus the Applicable Margin will be referred to as the “Interest Rate.” For the first Interest Period and provided that the DEBTOR’s Local Rating shall not suffer any change, the Applicable Margin is set at 6.250% per annum from February 28two point five annual percent points. For subsequent maturities, 2012 until Maturity. Interest the Applicable Margin will be subject to adjustment changes only if and provided that DEBTOR’s rating shall suffer any change, as referred to above. Any change in accordance with Article III DEBTOR’s Local Rating during an Interest Period will be considered only if such change continues by the commencement of the Sixth Supplemental Indenture following Interest Period. In the event that the referred TAB Rate were not reported in the future, and/or that such Rate were not set or suggested by the Banks Association, the applicable interest rate will be the rate that results from adding the Applicable Margin to the “Basic Rate” as described below. The Company Such Basic Rate will pay be the rate informed fortnightly by the Central Bank of Chile and published on the Official Gazette, for adjustable 90 to 365-day deposits, annual base, average fortnightly interest and Additional Amountsrate (TIP) increased in the mandatory legal reserve for this kind of deposits, if any, pursuant to Section 10.11 discounted of the Indenture (as amended by interest established in Article IV III.A.two of the Sixth Supplemental Indenture Compendio de Normas Financieras [Financial Rules Summary]. In the event that no TIP Rate was published or certified by the Central Bank, or that TIP Rate no longer existed, the Basic Rate will be the Banks’ average deposit-taking interest rate for 180-day commercial lending. In the event that DEBTOR or any other obligated payer would contest any one or more of the elements making up the agreed rate, the maximum usual interest rate for this kind of transactions will be used instead. The preceding sentence will not apply where the objection refers to number or calculation errors. Interest, as calculated by applying the Interest Rate to the Loans principal amount owed, shall be payable together with each Amortization, on each Date of Principal Payments. For the purposes of this Agreement, each above-referenced interest payment date will also be referred to below)to, as an “Interest Payment Date”, and each semi-annually in arrears on February 25 and August 25 of each year (each annual period immediately prior to an Interest Payment Date) commencing , including the first day, but excluding the last day, will hereinafter be referred to as an “Interest Period.” All interest amounts will be calculated on August 25the basis of a 365-day year and on the number of days actually lapsed during the relevant period. If any Principal Payment Date or Interest Payment Date shall fall on a day that is not a Banking Business Day, 2012, that mere fact will automatically postpone the Principal Payment Date or Interest Payment Date to the Holders immediately following Banking Business Day, provided, however, that if as a result of Securities registered as such as of close of business extension, the payment shall have to be made on February 10 and August 10the following calendar month, such payment will be made on the immediately preceding Banking Business Day. In such event, the relevant payment will include any amount in respect of interest accrued until the actual date of payment, and the new Interest Period will be computed from the date, as discussed above, of actual interest payment to the next Interest Payment Date. If an Interest Payment Date or The parties hereby agree that the maturity date Promissory Notes in respect of the Securities is not a Business Day Loans shall be changed, from time to time, only if the Applicable Margin changes, as discussed above. For such purposes, DEBTOR hereby undertakes to sign the relevant Promissory Note extension sheets, to Creditors’ satisfaction, and in the Place form attached as Annex B hereof, which Annex is an integral part of Paymentthis Agreement, we signed by DEBTOR’s representative(s) and each Guarantor as surety, which signatures will pay interest or principal, as the case may bebe duly legalized by Notary Public, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due com mencement date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 –at most– of the Indenture. Interest Period to which the new Applicable Margin will cease to accrue on the Securities on the due date for their redemptionapply, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except but only to the extent that there is failure such Applicable Margin has changed. The parties hereby additionally accept that for the purpose of evidencing the applicable interest rate, and/or the rate ruling for the Loans from time to time during the effectiveness thereof, the Banks shall, through the Administrative Agent Bank, use any means of evidence, including certificates or statements issued by the Banks Association proper, and in the subsequent payment to case of the relevant Holders following such notificationsubstitute rate, of the publications on the Official Gazette or Central Bank evidences, at the Administrative Agent Bank’s option.

Appears in 1 contract

Samples: Claxson Interactive Group Inc

Interest. ArcelorMittal(a) From (and including) and after the Prior Agreement Date, the outstanding principal amount of the Loans and any overdue interest shall bear interest at the Interest Rate (calculated on the basis of a société anonyme organized under Luxembourg law will pay 360-day year for the actual number of days elapsed in each month). From (and including) the Prior Agreement Date until (but not including) the Agreement Date, interest with respect to the Interest Rate shall be paid in cash to the Lenders quarterly in arrears for the preceding calendar quarter on the on the first Business Day of each calendar quarter, whether by acceleration or otherwise, commencing on July 1, 2017 and on the first Business Day of each October, January, April and July thereafter through and including the calendar quarter commencing October 1, 2018. From (and including) and after the Agreement Date, interest with respect to the Cash Interest Rate (which, for the avoidance of doubt, does not include any interest mentioned in the immediately preceding sentence) shall be paid in cash to the Lenders quarterly in arrears for the preceding calendar quarter on the first Business Day of each calendar quarter, whether by acceleration or otherwise, commencing on July 1, 2017 and on the first Business Day of each October, January, April and July thereafter, and on the maturity (and on any date of prepayment, repayment, redemption or payment of the principal) of the Loans (each, an “Interest Payment Date”); provided, however, from and after the Agreement Date, that in lieu of making any payment of interest with respect to the Cash Interest Rate in cash on an Interest Payment Date pursuant to this Section 2.6 (but not interest payable (x) pursuant to the immediately preceding sentence, (y) pursuant to Section 2.7 and (z) with respect to the PIK Interest Rate) and subject to the conditions set forth in Exhibit 2.6, the Borrower may elect to satisfy all or any part of such payment with respect to First Out Waterfall Loans only (and, for the avoidance of doubt, not any Last Out Waterfall Loans) by the issuance to the First Out Waterfall Lenders of shares of Freely Tradable Common Shares (as defined in Exhibit 2.6) in accordance with the provisions of Exhibit 2.6; provided that, not later than the first Business Day prior to the applicable Interest Payment Date, the Borrower shall provide written notice to the Agent of the amount of such payment satisfied pursuant to Exhibit 2.6. . From (and including) and after the Agreement Date, interest with respect to the PIK Interest Rate shall be paid in-kind on each Interest Payment Date (which, for the avoidance of doubt, does not include any interest mentioned in the second sentence of this Section 2.6(a)) by increasing the principal amount of the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended Loans by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, amount equal to the Holders of Securities registered as interest that has accrued at the PIK Interest Rate during such as of close of business on February 10 and August 10period (such payment, immediately preceding the relevant a “PIK Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on Following an increase in the Securities will be calculated in accordance with Section 3.10 principal amount of the Indenture. Loans as a result of a PIK Interest Payment, the Loans will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case bear interest will continue to accrue on the Securities at the rates set forth above, as Interest Rate on such increased principal amount from and after the case may be, until the earlier of (a) the day on which all sums due in respect date of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the PIK Interest Payment and such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationincreased principal amount shall constitute “Obligations”.

Appears in 1 contract

Samples: Facility Agreement (Endologix Inc /De/)

Interest. ArcelorMittalXxxxx Energy Holdings, LLC, a société anonyme organized under Luxembourg law Delaware limited liability company (the “Company”), and Xxxxx Energy Finance Corp., a Delaware corporation (“Finance Corp.” and together with the Company, the “Issuers”), jointly and severally promise to pay or cause to be paid interest on the unpaid principal amount of this Note at 9.250% per annum. The Issuers will pay interest on the principal amount of the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 March 15 and August 25 September 15 of each year (each each, an Interest Payment Date) commencing on August 25”), 2012beginning September 15, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date2018. If an Interest Payment Date or the maturity date in respect of the Securities falls on a day that is not a Business Day in Day, the Place of Payment, we interest payment to be made on such Interest Payment Date will pay interest or principal, as the case may be, be made on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture with the same force and effect as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenturesuch Interest Payment Date, and no additional interest will accrue on the postponed amount from the original due date to the next day that is as a Business Dayresult of such delayed payment. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that, an “Interest Period”). Interest if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date. The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand the interest rate on the Notes to the extent lawful; and they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods), from time to time on demand at the Indenturesame rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year comprised of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Indenture (Jones Energy, Inc.)

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay interest on the principal amount of the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest the principal of this Note on August 1, 2010. Interest and Additional Amounts, if any, pursuant to Section 10.11 of Interest on the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Notes will be payable semi-annually in arrears cash on each February 1 and August 1 (or if any such day is not a Business Day, on the next succeeding Business Day) commencing on February 25 and August 25 of each year 1, 2005 (each each, an "Interest Payment Date) commencing on August 25, 2012"), to the Holders of Securities registered as such as record of the Notes at the close of business on February 10 January 15 and August 10, July 15 immediately preceding the relevant applicable Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from and including the Issue Date; provided, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date it was most recently paid (each such period, an “Interest Period”). Interest referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from the next succeeding Interest Payment Date. This Note will bear interest at a rate per annum (the "Applicable Interest Rate") from August 16, 2004 until maturity, reset quarterly, equal to LIBOR plus 5.75%, as determined by the calculation agent appointed by the Company (the "Calculation Agent"), which shall initially be calculated in accordance with DBTCA, plus any Additional Interest pursuant to Section 3.10 4 of the IndentureRegistration Rights Agreement. Interest will cease to accrue be computed on the Securities basis of a 360-day year of twelve 30-day months. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue payments of the principal, Purchase Price and Redemption Price of this Note from time to time on demand at the same rate per annum on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except Notes to the extent that there is failure lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments on interest and Additional Interest, if any (without regard to applicable grace periods), hereon from time to time on demand at the subsequent payment same rate to the relevant Holders following such notificationextent lawful. Set forth below is a summary of certain of the defined terms used in this Section 1 relating to the determination of interest on this Note.

Appears in 1 contract

Samples: Indenture (Davis-Standard CORP)

Interest. ArcelorMittalFirstWorld Communications, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25013 % per annum from February 28, 2012 until Maturityannum. Interest will be subject to adjustment in accordance with Article III of not accrue until April 15, 2003. Thereafter, the Sixth Supplemental Indenture referred to below. The Company will shall pay interest and Additional AmountsSpecial Interest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 April 15 and August 25 of each year (each an Interest Payment Date) October 15, commencing on August 25October 15, 20122003, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the Full Accretion Date; PROVIDED that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; PROVIDED, FURTHER, that the first Interest Payment Date shall be October 15, 2003. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect; it was most recently paid shall pay interest (each such period, an “Interest Period”)including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the Securities basis of a 360-day year of twelve 30-day months. The Accreted Value will accrete between the date hereof and April 15, 2003, on a semi-annual bond equivalent basis using a 360-day year comprised of twelve 30-day months. All references in this Note and in the Indenture to "interest" shall be calculated in accordance with Section 3.10 deemed to include any Special Interest that may become payable thereon according to the provisions of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.;

Appears in 1 contract

Samples: Firstworld Communications Inc

Interest. ArcelorMittalAvalon Cable of Michigan, Inc. a Pennsylvania corporation, Avalon Cable of New England LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company, and Avalon Cable Finance, Inc., a Delaware corporation (collectively the "Issuers") promise to pay interest on the principal amount of the US $500,000,000 Securities this Senior Subordinated Note at 6.2509 3/8% per annum from February 28December 3, 2012 1998 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will Issuers shall pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 June 1 and August 25 December 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Senior Subordinated Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Senior Subordinated Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated June 1, 1999. The Issuers shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Avalon Cable Finance Inc

Interest. ArcelorMittalJitney-Jungle Stores of America, Inc., a société anonyme organized under Luxembourg law will Mississippi corporation, or its successor (the "Company"), promises to pay interest on the principal amount of this Senior Subordinated Note at the US $500,000,000 Securities at 6.250rate of 103/8% per annum from February 28and shall pay the Liquidated Damages, 2012 until Maturity. Interest will be subject if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture in United States dollars (except as amended by Article IV of the Sixth Supplemental Indenture referred to below), otherwise provided herein) semi-annually in arrears on February 25 March 15 and August 25 of each year (each an Interest Payment Date) September 15, commencing on August 25March 15, 20121998, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities will Senior Subordinated Notes shall accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default or Event of Default in the payment of interest, an “Interest Period”). Interest and if this Senior Subordinated Note is authenticated between a record date referred to on the Securities will be calculated face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in accordance with Section 3.10 the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalSenior Subordinated Notes, in which case interest will continue shall accrue from the date of authentication. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to accrue 1% per annum in excess of the then applicable interest rate on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except Senior Subordinated Notes to the extent that there is failure lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace period) at the subsequent payment same rate to the relevant Holders following such notificationextent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Jitney Jungle Stores of America Inc /Mi/)

Interest. ArcelorMittalGenesis Energy, L.P., a société anonyme organized under Luxembourg law will Delaware limited partnership (the “Company”), and Genesis Energy Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2508.250% per annum from February 28December 7, 2012 2023 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company Issuers will pay interest and Additional Amountsinterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 January 15 and August 25 July 15 of each year (each an Interest Payment Date) ”), commencing on August 25July 15, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date2024. If an Interest Payment Date or the maturity date in respect of the Securities falls on a day that is not a Business Day in Day, the Place of Payment, we interest payment to be made on such Interest Payment Date will pay interest or principal, as the case may be, be made on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture with the same force and effect as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenturesuch Interest Payment Date, and no additional interest will accrue on the postponed amount from the original due date to the next day that is solely as a Business Dayresult of such delayed payment. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will be calculated face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in accordance with Section 3.10 the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue shall accrue from the date of authentication. The Issuers shall pay (i) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to accrue time on demand at a rate that is the then applicable interest rate on the Securities Notes and (ii) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on demand at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there is failure in lawful. Interest will be computed on the subsequent payment to the relevant Holders following such notificationbasis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Genesis Energy Lp)

Interest. ArcelorMittalTransDigm Inc., a société anonyme organized Delaware corporation (such corporation, and its successors and assigns under Luxembourg law will the Indenture, being herein called the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2507 3/4% per annum from February 28October 6, 2012 2009 until Maturity. Interest maturity; provided that, if a Registration Default (as defined in the Registration Rights Agreement) occurs, additional interest (the “Additional Interest”) of $0.05 per week per $1,000 principal amount of Notes will be subject accrue on the Notes for the first 90-day period immediately following the occurrence of a Registration Default (increasing by an additional $0.05 per week per $1,000 principal amount of Notes with respect to adjustment in accordance with Article III each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum additional interest rate of the Sixth Supplemental Indenture referred to below1.00% per annum). The Company will shall pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Interest semi-annually in arrears on February 25 January 15 and August 25 July 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that, an “Interest Period”). Interest if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated January 15, 2010. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is equal to the interest rate on the Note then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on demand at the Indenturesame rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: TransDigm Group INC

Interest. ArcelorMittalAviation Sales Company, a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2508.00% per annum annum, payable in cash or Additional Notes from February 28, 2012 the date hereof until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 [__________] and August 25 [__________] of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date on which interest has been paid or, if no interest has already been paid, from the date it was most recently of issuance; provided that if this Note is authenticated between a record date referred to in Paragraph 2 and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be [_________], 2002. Notwithstanding the foregoing, with respect to any installment of interest on this Note, if the Company does not pay any portion of such installment of interest in cash, the Company shall automatically have been deemed to have paid (the balance of such installment in kind, and Additional Notes shall automatically be deemed to have been issued to each such period, Holder of record in an aggregate principal amount equal to the amount of interest due to such Holder on the applicable Interest Period”Payment Date and not paid in cash. The Company shall thereafter promptly cause to be executed and authenticated such Additional Notes and as set forth in Section 2.02 of the Indenture and deliver such Additional Notes to the Persons entitled thereto (or to the Trustee or the authenticating agent in custody for such Persons). Interest To the extent any Redemption Consideration is not paid subsequent to demand therefore subsequent to the existence and continuance of an Event of Default hereunder, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on the Securities will be calculated past due Redemption Consideration from time to time on demand at a rate that is 1% per annum in excess of the interest rate stated in the first sentence of this paragraph, to the extent lawful. Additional Notes issued in accordance with Section 3.10 of the Indentureterms hereof shall not constitute unpaid amounts hereunder. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Timco Engine Center Inc

Interest. ArcelorMittalFUSHI INTERNATIONAL, INC., a société anonyme organized under Luxembourg law will Nevada corporation (the “Company”), promises to pay interest on the principal amount of this Note at the US $500,000,000 Securities at 6.250% rate per annum annum, reset semi-annually, equal to LIBOR (as determined by the Calculation Agent from February 28the Issue Date) plus the Margin until maturity. For the avoidance of doubt, 2012 until Maturity. Interest LIBOR will be subject to adjustment in accordance with Article III used for all interest periods without interpolation, including the first interest period beginning on the Issue Date and ending on July 24, 2007. The “Margin” shall initially be 7.00% and shall become 5.60% from and after the date of completion of a Qualifying IPO that occurs on or before July 24, 2008. Promptly upon determination, the Calculation Agent will inform the Trustee and the Company of the Sixth Supplemental Indenture referred to belowinterest rate for the next interest period. The Company will shall pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 January 24 and August 25 July 24 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next succeeding Business Day. Payments postponed Day with the same force and effect and such extension of time shall in such case be included in the computation of Interest accruing on such Note; provided, however, that if such extension would cause payment of Interest to be made in the next Business Day in this situation will following calendar month, such payment shall be treated under this Indenture as if they were made on the original due datenext preceding Business Day (each an “Interest Payment Date”). Postponement of this kind will not result in a default under Interest shall accrue from and including the Securities or this Indenture, and no most recent date to which interest will accrue has been paid on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date Notes (or one or more Predecessor Notes) or, if no interest has already been paid, from the date of issuance, to but excluding the following Interest Payment Date; provided, however, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be July 24, 2007. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time at a rate that is 5% per annum in excess of the interest rate then in effect under the Indenture and this Note; it was most recently paid shall pay interest (each such periodincluding post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods), an “Interest Period”)from time to time at the same rate to the extent lawful. Interest shall be computed on the Securities basis of a 360-day year for the actual number of days elapsed. The amount of interest for each day that the Notes are outstanding (the “Daily Interest Amount”) will be calculated by dividing the interest rate in accordance with Section 3.10 effect for such day by 360 and multiplying the result by the principal amount of the IndentureNotes. Interest will cease The amount of interest to accrue be paid on the Securities Notes for each Interest Period will be calculated by adding the Daily Interest Amounts for each day in the Interest Period. All percentages resulting from any of the above calculations will be rounded, if necessary, to the nearest one hundred-thousandth of a percentage point, with five one-millionths of a percentage point being rounded upwards and all dollar amounts used in or resulting from such calculations will be rounded to the nearest cent (with one-half cent being rounded upwards). The interest rate on the due date for their redemption, unless, upon Notes will in no event be higher than the maximum rate permitted by New York law as such due date, payment rate may be modified by United States law of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationgeneral application.

Appears in 1 contract

Samples: Fushi International Inc

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will The Issuer promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.250% [5.250%] / [5.500%] per annum from February 28, 2012 the date of issuance until Maturity. Interest will be subject maturity and shall pay the Additional Amounts payable pursuant to adjustment in accordance with Article III Section 4.18 of the Sixth Supplemental Indenture referred to below. The Company Issuer will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Amounts semi-annually in arrears on February 25 May 15 and August 25 November 15 of each year (each an Interest Payment Date) commencing on August 25or, 2012, to the Holders of Securities registered as if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a Regular Record Date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated ___________. The Issuer shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any bankruptcy, insolvency, reorganization or other similar Law) on overdue principal and premium, if any, at a rate that is 1% per annum in excess of the Indenturerate then in effect; it shall pay interest (including post-petition interest in any proceeding under any bankruptcy, insolvency, reorganization or other similar Law) on overdue installments of interest and Additional Amounts (without regard to any applicable grace periods) at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. [Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.]

Appears in 1 contract

Samples: Liberty Global PLC

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay interest Interest on the principal amount Notes shall accrue at the rate of the US $500,000,000 Securities at 6.2500.000% per annum from February 28for the 2023 Notes, 2012 until Maturity0.000% per annum for the 2025 Notes, 0.375% per annum for the 2028 Notes, 0.750% per annum for the 2032 Notes, 1.375% per annum for the 2040 Notes and 1.625% per annum for the 2050 Notes. Interest will on the Notes shall be subject to adjustment payable annually in accordance with Article III arrears, in respect of the Sixth Supplemental Indenture referred to below. The Company will pay interest 2023 Notes, on March 15, commencing on March 15, 2021 and Additional Amounts, if any, pursuant to Section 10.11 in respect of the Indenture (as amended by Article IV of 2025 Notes, the Sixth Supplemental Indenture referred to below)2028 Notes, semi-annually in arrears the 2032 Notes, the 2040 Notes and the 2050 Notes, on February 25 and August 25 of each year October 15, commencing on October 15, 2021 (each such date, an Interest Payment Date) commencing on August 25, 2012”), to the Holders of Securities in whose names the respective Notes are registered as such as of at the close of business on February 10 the Business Day (which shall for purposes of this Section 2.04 include only days on which Clearstream and August 10, Euroclear are open for business) immediately preceding the relevant applicable Interest Payment Date. Interest on the Notes shall be computed on the basis of the actual number of days in the period for which interest is being calculated and the actual number of days from and including the last date on which interest was paid on the notes (or September 29, 2020, if no interest has been paid on the applicable series of Notes), to, but excluding, the next scheduled Interest Payment Date. If an any Interest Payment Date or the (other than a maturity date in respect of the Securities or redemption date) would otherwise be a day that is not a Business Day in the Place of PaymentDay, we such Interest Payment Date will pay interest or principal, as the case may be, on the next Business Day. Payments be postponed to the next date that is a Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount amounts payable from and after such Interest Payment Date to the original due next Business Day. If the maturity date or redemption date of any series of Notes would fall on a day that is not a Business Day, then the related payment of principal, premium, if any, and interest, if any, shall be made on the next succeeding Business Day with the same force and effect as if made on the date such payment was due, and no interest shall accrue on the amounts so payable for the period from and after such date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.

Appears in 1 contract

Samples: Medtronic PLC

Interest. ArcelorMittalNo interest will accrue on the Notes until January 1, 2003 (the "Full Accretion Date") but the Accreted Value (as defined in the Indenture) will accrete (representing the amortization of original issue discount) between the date of original issuance and such date, on a semi-annual bond equivalent basis using a 360-day year comprised of twelve 30-day months such that the Accreted Value shall be equal to the full principal amount of the Notes on the Full Accretion Date. Centennial Communications Corp., a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25014% per annum from February 28July 1, 2012 2003 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-Liquidated Damages semi- annually in arrears on February 25 January 1 and August 25 July 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the Full Accretion Date; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date it was most recently paid (each such period, an “Interest Period”). Interest referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated July 1, 2003. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect, to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Indenture (Centennial Communications Corp)

Interest. ArcelorMittalLinn Energy, LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (the “Company”), and Linn Energy Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2508.625% per annum from February 28April 6, 2012 2010 until Maturity. maturity and shall pay Additional Interest will be subject payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 April 15 and August 25 October 15 of each year (each an Interest Payment Date) ”), commencing on August 25October 15, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date2010. If an Interest Payment Date or the maturity date in respect of the Securities falls on a day that is not a Business Day in Day, the Place of Payment, we interest payment to be made on such Interest Payment Date will pay interest or principal, as the case may be, be made on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture with the same force and effect as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenturesuch Interest Payment Date, and no additional interest will accrue on the postponed amount from the original due date to the next day that is solely as a Business Dayresult of such delayed payment. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will be calculated face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in accordance with Section 3.10 the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue shall accrue from the date of authentication. The Issuers shall pay (i) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to accrue time on demand at a rate that is 1% higher than the then applicable interest rate on the Securities Notes and (ii) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on demand at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there is failure in lawful. Interest will be computed on the subsequent payment to the relevant Holders following such notificationbasis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Supplemental Indenture (Linn Energy, LLC)

Interest. ArcelorMittalInfor (US), Inc., a société anonyme organized Delaware corporation, (such corporation, and its successors and assigns under Luxembourg law will the Indenture hereinafter referred to, being herein called the “Issuer”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2506.500% per annum from February 28April 1, 2012 2015 until Maturity. Interest will be subject maturity and shall pay Additional Interest, if any, payable pursuant to adjustment in accordance with Article III of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuer will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 every May 15 and August 25 November 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities will Dollar Notes shall accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date of issuance; provided, that the first Interest Payment Date shall be November 15, 2015. The Issuer shall pay interest on overdue principal at the rate specified herein, and it was most recently paid shall pay interest (each such including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (including Additional Interest) (without regard to any applicable grace period, an “Interest Period”)) at the same rate to the extent lawful. Interest on the Securities Dollar Notes will be calculated in accordance with Section 3.10 computed on the basis of a 360-day year comprised of twelve 30-day months. In addition to the rights provided to Holders of the Dollar Notes under the Indenture. Interest will cease to accrue , Holders of Registrable Securities (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of April 1, 2015, among the Issuer, the Guarantors named therein and the other parties named on the Securities on signature pages thereto (the due date for their redemption“Registration Rights Agreement”), unlessincluding the right to receive Additional Interest in certain circumstances. If applicable, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalAdditional Interest shall be paid to the same Persons, in which case interest will continue to accrue on the Securities same manner and at the rates set forth abovesame times as regular interest. [Until this Temporary Regulation S Global Note is exchanged for one or more Permanent Regulation S Global Notes, as the case may beHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, until the earlier of (a) the day on which this Temporary Regulation S Global Note shall in all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Dollar Notes under the subsequent payment to the relevant Holders following such notificationIndenture.]

Appears in 1 contract

Samples: Indenture (Infor, Inc.)

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay interest Interest on the principal amount Notes shall accrue at the rate of the US $500,000,000 Securities at 6.2500.00% per annum from February 28for the 2022 Notes, 2012 until Maturity0.25% per annum for the 2025 Notes, 1.00% per annum for the 2031 Notes, 1.50% per annum for the 2039 Notes and 1.75% per annum for the 2049 Notes. Interest will on the Notes shall be subject to adjustment payable annually in accordance with Article III arrears, in respect of the Sixth Supplemental Indenture referred to below. The Company will pay interest 2022 Notes, on December 2, commencing on December 2, 2019 and Additional Amounts, if any, pursuant to Section 10.11 in respect of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below)2025 Notes, semi-annually in arrears 2031 Notes, 2039 Notes and 2049 Notes, on February 25 and August 25 of each year July 2, commencing on July 2, 2020 (each such date, an Interest Payment Date) commencing on August 25, 2012”), to the Holders of Securities in whose names the respective Notes are registered as such as of at the close of business on February 10 the Business Day (which shall for purposes of this Section 2.04 include only days on which Clearstream and August 10, Euroclear are open for business) immediately preceding the relevant applicable Interest Payment Date. Interest on the Notes shall be computed on the basis of the actual number of days in the period for which interest is being calculated and the actual number of days from and including the last date on which interest was paid on the notes (or July 2, 2019 (other than with respect to the 2022 Notes, in which case December 2, 2019), if no interest has been paid on the applicable series of Notes), to, but excluding, the next scheduled Interest Payment Date. If an any Interest Payment Date or the (other than a maturity date in respect of the Securities or redemption date) would otherwise be a day that is not a Business Day in the Place of PaymentDay, we such Interest Payment Date will pay interest or principal, as the case may be, on the next Business Day. Payments be postponed to the next date that is a Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount amounts payable from and after such Interest Payment Date to the original due next Business Day. If the maturity date or redemption date of any series of Notes would fall on a day that is not a Business Day, then the related payment of principal, premium, if any, and interest shall be made on the next succeeding Business Day with the same force and effect as if made on the date such payment was due, and no interest shall accrue on the amounts so payable for the period from and after such date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.

Appears in 1 contract

Samples: Medtronic PLC

Interest. ArcelorMittalDelek Logistics Partners, LP, a société anonyme organized under Luxembourg law will Delaware limited partnership (the “Company”), and Delek Logistics Finance Corp., a Delaware corporation (“Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay or cause to be paid interest on the principal amount of the US $500,000,000 Securities this Note at 6.2508.625% per annum from February 28March 13, 2012 2024 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company Issuers will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 March 15 and August 25 September 15 of each year year, or if any such day is not a Business Day, on the next succeeding Business Day (each each, an Interest Payment Date) commencing on August 25, 2012, to ”); provided that the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant first Interest Payment DateDate shall be September 15, 2024. If an Interest Payment Date or the maturity date in respect of the Securities falls on a day that is not a Business Day in Day, the Place of Payment, we interest payment to be made on such Interest Payment Date will pay interest or principal, as the case may be, be made on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture with the same force and effect as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenturesuch Interest Payment Date, and no additional interest will accrue on the postponed amount from the original due date to the next day that is as a Business Dayresult of such delayed payment. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that, an “Interest Period”). Interest if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date. The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is equal to the interest rate on the Notes to the extent lawful; and they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods), from time to time on demand at the Indenturesame rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year comprised of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Indenture (Delek Logistics Partners, LP)

Interest. ArcelorMittalXxxxxxx Group, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at a rate equal to the US $500,000,000 Securities at 6.250% Applicable Eurodollar Rate (as defined in the Indenture) in effect from time to time per annum from February 28April 23, 2012 2004 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually quarterly in arrears on February 25 1, May 1, August 1 and August 25 November 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such periodnext succeeding Interest Payment Date; and provided further that the first Interest Payment Date shall be August 1, an “Interest Period”)2004. Interest payable on the Securities first Interest Payment Date with respect to the period ending on such day shall payable at a rate equal to 5.89% per annum. The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Indenture (Mueller Holdings (N.A.), Inc.)

Interest. ArcelorMittalAAi.FosterGrant, Inc., a société anonyme organized under Luxembourg law will Rhode Island corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25010 3/4 % per annum from February 28July 21, 2012 1998 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Liquidated Damages semi-annually in arrears on February 25 January 15 and August 25 July 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated January 15, 1999. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 1 contract

Samples: O Ray Holdings Inc

Interest. ArcelorMittalIn the event that (a) a Shelf Registration Statement is not filed with the SEC and become effective on or before the 270th calendar day following the Closing Date, (b) after effectiveness, subject to Section 2.5, the Shelf Registration Statement fails to be effective or usable by the Holders without being succeeded within seven business days by a société anonyme organized under Luxembourg law post-effective amendment or a report filed with the SEC pursuant to the 1934 Act that cures the failure to be effective or usable, or (c) the Shelf Registration Statement is unusable by the Holders for any reason, and the number of days for which the Shelf Registration Statement shall not be usable exceeds the Suspension Period (as defined in Section 2.5) (each such event being a “Registration Default”), additional interest, as liquidated damages “Liquidated Damages”), will pay interest on accrue at a rate per annum of 0.125% of the principal amount of the US $500,000,000 Registrable Securities then remaining for the first 90-day period from the day following the Registration Default, and thereafter at 6.250% a rate per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of 0.25% of the Sixth Supplemental Indenture referred principal amount of the Securities; provided that in no event shall Liquidated Damages accrue at a rate per annum exceeding 0.25% of the issue price of the Securities; and provided further that no Liquidated Damages shall accrue after the second anniversary of the first Closing Date; and further provided that Liquidated Damages shall not accrue under clause (b) and (c) above with respect to belowany Holder that (x) does not submit a properly completed Questionnaire and (y) is not named as a selling securityholder in the Shelf Registration Statement. Upon the cure of all Registration Defaults then continuing, the accrual of Liquidated Damages will automatically cease and the interest rate borne by the Securities will revert to the original interest rate at such time. Liquidated Damages shall be computed based on the actual number of days elapsed in each 90-day period in which the Shelf Registration Statement is not effective or is unusable. Holders who have converted Securities into Common Stock will not be entitled to receive any Liquidated Damages with respect to such Common Stock or the issue price of the Securities converted. The Trustee shall be entitled, but shall not be obligated, on behalf of the Holders of Registrable Securities, to seek any available remedy for the enforcement of this Agreement, including for the payment of any Liquidated Damages. Notwithstanding the foregoing, the parties agree that the sole monetary damages payable for a violation of the terms of this Agreement with respect to which liquidated damages are expressly provided shall be such liquidated damages. Nothing shall preclude a Holder of Registrable Securities from pursuing or obtaining specific performance or equitable relief with regard to this Agreement. Each obligation to pay Liquidated Damages shall be deemed to accrue from and including the day following the Registration Default to but excluding the day on which the Registration Default is cured. A Registration Default under clause (a) above shall be cured on the date that the Shelf Registration Statement is filed and has become effective. A Registration Default under clauses (b) or (c) above shall be cured on the date an amended Shelf Registration Statement becomes effective or the Company otherwise declares the Shelf Registration Statement and the Prospectus useable, as applicable. The Company will pay interest and Additional Amounts, if any, pursuant have no liabilities for monetary damages other than the Liquidated Damages with respect to any Registration Default. The parties agree that the Liquidated Damages provided for in this Section 10.11 2.4 constitute a reasonable estimate of the Indenture (as amended damages that may be incurred by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Registrable Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is do not constitute a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationpenalty.

Appears in 1 contract

Samples: Registration Rights Agreement (Gilead Sciences Inc)

Interest. ArcelorMittalRiviera Black Hawk, Inc., a société anonyme organized under Luxembourg law will Colorado corporation (the "Company"), promises to pay interest Fixed Interest on the principal amount of the US $500,000,000 Securities this Note at 6.25013% per annum from February 28June 3, 2012 1999 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will shall pay interest Fixed Interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Liquidated Damages semi-annually in arrears on February 25 May 1 and August 25 November 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date(each an "Interest Payment Date"). Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Fixed Interest on the Securities will Notes shall accrue from the Closing Date most recent date to which Fixed Interest has been paid or, if interest no Fixed Interest has already been paid, from the date it was most recently paid of issuance; provided that if there is no existing Default in the payment of Fixed Interest, and if this Note is authenticated between a record date referred to on the face hereof (each a "Record Date") and the next succeeding Interest Payment Date, Interest shall accrue from such periodnext succeeding Interest Payment Date; provided, an “further, that the first Interest Period”)Payment Date shall be November 1, 1999. Interest shall be computed on the Securities basis of a 360-day year of twelve 30-day months. In addition, the Notes will bear Contingent Interest after the Riviera Black Hawk begins Operating. Installments of accrued Contingent Interest will be calculated payable semi-annually in accordance with Section 3.10 arrears on each Interest Payment Date after the Riviera Black Hawk begins Operating to the Holders on the Record Date applicable to the relevant Interest Payment Date, unless all or a portion of the Indentureinstallment is permitted to be deferred as described in the next sentence; provided, that no Contingent Interest is payable with respect to any period prior to the date on which the Riviera Black Hawk becomes Operating. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, The Company may defer payment of principal is improperly withheld all or refused or if default is a portion of any installment of Contingent Interest then otherwise made in respect of due and may continue to defer the payment of principalany installment of Contingent Interest which has already been deferred if, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except and only to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.that:

Appears in 1 contract

Samples: Indenture (Riviera Black Hawk Inc)

Interest. ArcelorMittalCalumet Specialty Products Partners, L.P., a société anonyme organized under Luxembourg law will Delaware limited partnership (the “Company”), and Calumet Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the unpaid principal amount of the US $500,000,000 Securities this Note at 6.2509.375% per annum from February 28, 2012 until Maturity. [and shall pay the Additional Interest will be subject payable pursuant to adjustment in accordance with Article III Section 2 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below]. The Company Issuers will pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 May 1 and August 25 November 1 of each year (each an Interest Payment Date) year, commencing on August 25November 1, 20122011, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest PeriodPayment Date”). Interest on the Securities Notes will be calculated accrue from the most recent date to which interest has been paid or, if no interest has been paid, from April 21, 2011; provided that if there is no existing Default or Event of Default in accordance with Section 3.10 the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to accrue time on demand at a rate that is the Securities rate then in effect; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on demand at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there is failure in lawful. Interest will be computed on the subsequent payment to the relevant Holders following such notificationbasis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Calumet Specialty Products Partners, L.P.)

Interest. ArcelorMittalSpectraSite Holdings, Inc., a société anonyme organized Delaware corporation (such corporation, and its successors and assigns under Luxembourg law will the Indenture hereinafter referred to, being herein called the "Issuer"), promises to pay interest on the principal amount of this Note at the US $500,000,000 Securities rate per annum shown above; provided, however, that if a Registration Default (as defined in the Registration Rights Agreement) occurs, additional cash interest will accrue on this Note at 6.250a rate of 0.50% per annum from February 28and including the date on which any such Registration Default shall occur to but excluding the date on which all Registration Defaults have been cured, 2012 calculated on the Accreted Value of this Note as of the date on which such interest is payable; provided, however, that in no event shall the aggregate amount of such additional interest exceed 0.50% per annum. Such interest is payable in addition to any other interest payable from time to time with respect to this Note. The Trustee will not be deemed to have notice of a Registration Default until Maturityit shall have received actual notice of such Registration Default. Until April 15, 2004, the Notes will accrue at a rate of 11 1/4% per annum and be compounded semi-annually on each Semi-Annual Accrual Date with respect to the Notes, but, except as described herein, will not be payable in cash. Interest on the Accreted Value of each Note as of April 15, 2004 will accrue at the same rate but will be paid semi-annually commencing October 15, 2004, to Holders of record at the close of business on the April 1 or October 1 immediately preceding the interest payment date of April 15 and October 15 of each year. The Issuer shall pay interest on overdue principal at 1% per annum in excess of the rate borne by the Notes to the extent lawful. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, computed on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement basis of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next 360-day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 year of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Spectrasite Holdings Inc

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Interest. ArcelorMittalEnergy Future Holdings Corp., a société anonyme organized under Luxembourg law will Texas corporation (the “Issuer”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Senior Toggle Note at 6.250% a rate per annum set forth below from February 28October 31, 2012 2007 until Maturity. Interest will be subject maturity and shall pay Additional Interest, if any, payable pursuant to adjustment in accordance with Article III of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuer will pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 May 1 and August 25 November 1 of each year year, or if any such day is not a Business Day, on the next succeeding Business Day (each each, an Interest Payment Date) commencing without interest accruing on August 25, 2012, to the Holders of Securities registered as amount then so payable from such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day that is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a until such Business Day. Interest on the Securities Senior Toggle Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date of issuance. The Issuer will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the interest rate on the Senior Toggle Notes; it was most recently paid shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the interest rate on the Senior Toggle Notes. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. Cash Interest on the Senior Toggle Notes will accrue at a rate of 11.250% per annum and be payable in cash. PIK Interest on the Senior Toggle Notes will accrue at a rate of 12.000% per annum and be payable (x) with respect to Senior Toggle Notes represented by one or more global notes registered in the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant Record Date, by increasing the principal amount of the outstanding global Senior Toggle Note by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest $1,000) (or, if necessary, pursuant to the requirements of DTC or otherwise, to authenticate new global Senior Toggle Notes executed by the Issuer with such increased principal amounts) and (y) with respect to Senior Toggle Notes represented by certificated notes, by issuing PIK Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable period (rounded up to the nearest whole dollar), and the Trustee will, at the request of the Issuer, authenticate and deliver such PIK Notes in certificated form for original issuance to the Holders on the relevant Record Date, as shown by the records of the register of Holders. In the event that the Issuer elects to pay Partial PIK Interest for any interest period, each Holder will be entitled to receive Cash Interest in respect of 50% of the principal amount of the Senior Toggle Notes held by such Holder on the relevant Record Date and PIK Interest in respect of 50% of the principal amount of the Senior Toggle Notes held by such Holder on the relevant Record Date. Following an increase in the principal amount of the outstanding global Senior Toggle Notes as a result of a PIK Payment, the global Senior Toggle Notes will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Notes issued in certificated form will be dated as of the applicable Interest Payment Date and will bear interest from and after such date. All Senior Toggle Notes issued pursuant to a PIK Payment will mature on November 1, 2017 and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as the Senior Toggle Notes issued on the Issue Date. Any certificated PIK Notes will be issued with the description PIK on the face of such PIK Note. At the end of any “accrual period” (as defined in Section 1272(a)(5) of the Code) ending after the fifth anniversary of the Issue Date (each, an “Optional Interest Repayment Date”), the Issuer may pay in cash, without duplication, all accrued and unpaid interest, if any, and all accrued but unpaid “original issue discount” (as defined in Section 1273(a)(1) of the Code) on the Senior Toggle Notes then outstanding up to the Optional Interest Repayment Amount (each such periodredemption, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.Optional Interest

Appears in 1 contract

Samples: Texas Competitive Electric Holdings CO LLC

Interest. ArcelorMittalOrganon & Co., a société anonyme organized Delaware corporation, as Issuer, and Organon Foreign Debt Co-Issuer B.V., a private limited liability company incorporated under Luxembourg law will the laws of the Netherlands (besloten vennootschap met beperkte aansprakelijkheid) having its official seat (statutaire zetel) in Oss, The Netherlands, having its registered office at Xxxxxxxxxxxxxx 0, 0000 XX Xxx, Xxx Xxxxxxxxxxx, and registered with the trade register of the Dutch Chamber of Commerce (Xxxxx van Koophandel) under number 82563098, as Co-Issuer, promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.250% a rate per annum set forth below from February 28[May 17, 2012 2024]5 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company Issuers will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), on this Note semi-annually in arrears on February 25 May 15 and August 25 November 15 of each year year, commencing on November 15, 20246 (each each, an Interest Payment Date) commencing on August 25”), 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next succeeding Business Day. Payments postponed The Issuers will make each interest payment to the next Business Day in Holder of record of this situation will be treated under this Indenture as if they were made Note on the original due date. Postponement of this kind will not result in immediately preceding May 1 and November 1 (each, a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an Interest PeriodRecord Date”). Interest on this Note will accrue from the Securities most recent date to which interest has been paid or, if no interest has been paid, from and including May 17, 2024. The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate then applicable to this Note; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the Indenturerate then applicable to this Note. Interest will cease to accrue be computed on the Securities basis of a 360-day year comprised of twelve 30-day months. Interest on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest this Note will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier rate of (a) the day on which all sums due 6.750% per annum and be payable in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationcash.

Appears in 1 contract

Samples: Indenture (Organon & Co.)

Interest. ArcelorMittalGlobal Partners LP, a société anonyme organized under Luxembourg law will Delaware limited partnership (the “Company”), and GLP Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2506.875% per annum from February 28, 2012 until Maturity. maturity and shall pay the Additional Interest will be subject payable pursuant to adjustment in accordance with Article III Section 2 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 January 15 and August 25 July 15 of each year (each an Interest Payment Date) year, commencing on August 25July 15, 20122021, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest PeriodPayment Date”). Interest on the Securities Notes will be calculated accrue from the most recent date to which interest has been paid or, if no interest has been paid, from [the date of issuance];2 provided that if there is no existing Default or Event of Default in accordance with Section 3.10 the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to accrue time on demand at a rate that is the Securities at the rates set forth aboverate then in effect, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure lawful; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any (without regard to any applicable grace periods) from time to time on demand at the subsequent payment same rate, to the relevant Holders following such notificationextent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Global Partners Lp)

Interest. ArcelorMittalTravelport LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company, and Travelport Holdings, Inc., a Delaware corporation (collectively, the “Issuer”), jointly and severally promise to pay interest on the principal amount of the US $500,000,000 Securities this Fixed Rate Note at 6.25013.875% per annum from February 28April 15, 2012 2013 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company Issuer will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 April 1 and August 25 October 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such periodeach, an “Interest PeriodPayment Date”). Interest on the Securities Fixed Rate Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the Issue Date; provided that the first Interest Payment Date shall be calculated October 1, 2013.5 The Issuer will pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the interest rate on the Fixed Rate Notes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the Indentureinterest rate borne by the Fixed Rate Notes. Interest will cease to accrue be computed on the Securities on basis of a 360-day year comprised of twelve 30-day months. On each Interest Payment Date, the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of Issuer shall pay (a) the day on which all sums due interest in respect cash (“Cash Interest”) at a rate of such Securities up to that day are received by the relevant Holder or 11.375% per annum and (b) the day falling seven days remaining accrued interest on the Fixed Rate Notes shall be paid as PIK Interest. Interest on the Fixed Rate Notes shall be payable in cash on each Interest Payment Date at a rate of 11.375% per annum, and the remaining accrued interest shall automatically, without further action by any Person, be capitalized in the form of increasing the outstanding principal amount of the Fixed Rate Notes or, if elected by the Issuer pursuant to Section 2.01 of the Indenture, by issuing PIK Notes on such Interest Payment Date. Following an increase in the principal amount of the outstanding Fixed Rate Notes as a result of a PIK Payment, the Notes will bear interest on such increased principal amount from and after the Trustee has notified the Holders date of receipt of all sums due such PIK Payment. Any PIK Notes issued in respect certificated form will be dated as of the applicable Interest Payment Date and will bear interest from and after such Securities up date. All Fixed Rate Notes issued pursuant to that seventh daya PIK Payment will mature on March 1, except 2016 and will be governed by, and subject to the extent that there is failure in terms, provisions and conditions of, the subsequent payment to Indenture and shall have the relevant Holders following same rights and benefits as the Notes issued on the date hereof. Any certificated PIK Notes will be issued with the description “PIK” on the face of such notificationPIK Note.

Appears in 1 contract

Samples: Indenture (Travelport LTD)

Interest. ArcelorMittalParsley Energy, LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (the “Company”), and Parsley Finance Corp., a Delaware corporation ((“Finance Corp.” and together with the Company, the “Issuers”) jointly and severally promise to pay interest on the unpaid principal amount of the US $500,000,000 Securities this Note at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowannum. The Company Issuers will pay interest and Additional Amountsinterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 June 1 and August 25 December 1 of each year year, beginning December 1, 2016 (each each, an Interest Payment Date) commencing ”). Interest on August 25the Notes will accrue from the most recent date to which interest has been paid or, 2012if no interest has been paid, from the date of issuance; provided that, if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the Holders of Securities registered as face hereof and the next succeeding Interest Payment Date, interest shall accrue from such as of close of business on February 10 and August 10, immediately preceding the relevant next succeeding Interest Payment Date. The Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is equal to the then applicable interest rate on the Notes to the extent lawful; they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest, if any (without regard to any applicable grace period), from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. If an Interest Payment Date any payment with respect to any principal of, premium, if any, on, or the maturity interest, if any, on any Note (including any payment to be made on any date in respect fixed for redemption or purchase of the Securities any Note) is due on a day which is not a Business Day in Day, then the Place of Paymentpayment need not be made on such date, we will pay interest or principal, as the case but may be, be made on the next Business Day. Payments postponed to Day with the next Business Day in this situation will be treated under this Indenture same force and effect as if they were made on the original due such date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on for the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such intervening period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.

Appears in 1 contract

Samples: Indenture (Parsley Energy, Inc.)

Interest. ArcelorMittalLinn Energy, LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (the “Company”), and Linn Energy Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25012.00% per annum from February 28November 20, 2012 2015 until Maturity. maturity and shall pay Additional Interest will be subject payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 June 15 and August 25 December 15 of each year (each an Interest Payment Date) ”), commencing on August 25June 15, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date2016. If an Interest Payment Date or the maturity date in respect of the Securities falls on a day that is not a Business Day in Day, the Place of Payment, we interest payment to be made on such Interest Payment Date will pay interest or principal, as the case may be, be made on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture with the same force and effect as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenturesuch Interest Payment Date, and no additional interest will accrue on the postponed amount from the original due date to the next day that is solely as a Business Dayresult of such delayed payment. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will be calculated face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in accordance with Section 3.10 the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue shall accrue from the date of authentication. The Issuers shall pay (i) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to accrue time on demand at a rate that is 1% higher than the then applicable interest rate on the Securities Notes and (ii) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there is failure in lawful. Interest will be computed on the subsequent payment to the relevant Holders following such notificationbasis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Linn Energy, LLC)

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will The Company promises to pay interest on the unpaid principal amount of the US $500,000,000 Securities this Note at 6.2505.00% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will [and shall pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of as provided in the Indenture (as amended by Article IV of the Sixth Supplemental Indenture Registration Rights Agreement, dated September [16], 2016† referred to below)].* The Company shall pay interest [and Additional Interest, if any,]* semi-annually in arrears on February 25 15 and August 25 15 of each year (each each, an Interest Payment Date”); provided that the first Interest Payment Date shall be February 15, 2017. Interest shall accrue from the most recent date to which interest has been paid on this Note (or one or more Predecessor Notes) commencing or, if no interest has been paid, from and including the date of original issuance of this Note; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 face hereof and August 10, immediately preceding the relevant next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date.† The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate then in effect on this Note to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest, if any,]* (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. If an Interest Payment Date or the maturity a payment date in respect of the Securities is not a Business Day in the Place of PaymentDay, we will pay interest or principal, as the case payment may be, be made on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note was issued in connection with the Exchange Offer pursuant to which the 5.00% Senior Notes due 2022 in like principal amount were exchanged for Exchange Notes. The Exchange Notes rank pari passu in right of payment with the Initial Notes. For any period in which the Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be due and owing on the Securities will accrue from Initial Note in connection with the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationRegistration Rights Agreement.]*

Appears in 1 contract

Samples: Indenture (Range Resources Corp)

Interest. ArcelorMittalBroder Bros., Co., a société anonyme organized under Luxembourg law will Michigan corporation (the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25011.25% per annum from February 28September 22, 2012 2003 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 October 15 and August 25 April 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be April 15, 2004. The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal from time to time on demand at the rate equal to the then applicable interest rate; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the Indenturesame rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 1 contract

Samples: Supplemental Indenture (Broder Bros Co)

Interest. ArcelorMittalParagon Corporate Holdings Inc., a société anonyme organized under Luxembourg law will Delaware corporation, or its successor (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Senior Note at 6.2509 5/8% per annum from February 28April 1, 2012 1998 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Liquidated Damages semi-annually in arrears on February 25 April 1 and August 25 October 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Senior Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Senior Note is authenticated between a record date referred to on the Securities will be calculated face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date is October 15, 1998. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the Indenturethen applicable interest rate on the Senior Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace period) at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year comprised of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Senior Subordinated Senior Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 1 contract

Samples: Indenture (Curtis Sub Inc)

Interest. ArcelorMittalB&G Foods, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2509-5/8% per annum from February 28August 11, 2012 1997 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Liquidated Damages semi-annually in arrears on February 25 1 and August 25 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated February 1, 1998. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 1 contract

Samples: Indenture (RWBV Acquisition Corp)

Interest. ArcelorMittalRialto Holdings, LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (the “Company”), and Rialto Corporation, a Delaware corporation (together with the Company, the “Issuers”), promise to pay or cause to be paid interest on the principal amount of the US $500,000,000 Securities this Note at 6.2507.000% per annum from February 28and including November 14, 2012 2013 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company will Issuers shall pay interest and Additional Amountsinterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), in cash semi-annually in arrears on February 25 June 1 and August 25 December 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid of issuance; provided that the first Interest Payment Date shall be June 1, 2014. The Issuers will pay interest (each such periodincluding post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, an “Interest Period”). Interest if any, from time to time on demand at the rate equal to the then applicable interest rate on the Securities Notes, plus one percent, to the extent lawful; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate equal to the then applicable interest rate on the Notes, plus one percent, to the extent lawful. Payments of the redemption price, Change of Control Payment, principal and interest that are not made when due will be calculated accrue interest per annum at the rate of interest borne by the Notes, plus one percent, from and including, the relevant payment date to, but excluding, the date on which such defaulted amounts shall have been paid by the Company in accordance with Section 3.10 of the Indenture. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year comprised of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Indenture (Lennar Corp /New/)

Interest. ArcelorMittalInterest on Book-Entry Securities will accrue and will be paid at the times and in the manner consistent with the description thereof in the Company's Prospectus Supplement dated _________, 1999 to the Prospectus dated _________, 1999 and the applicable Pricing Supplement thereto. Exchanges: ---------- The Trustee, at the Issuer's request, may deliver to DTC and the CUSIP Service Bureau at any time a société anonyme organized under Luxembourg law written notice of consolidation specifying (a) the CUSIP numbers of two or more Global Securities outstanding on such date that represent (i) Fixed-Rate Book-Entry Notes having the same terms (other than Settlement Dates) or (ii) Floating Rate Book-Entry Securities having the same terms (other than Settlement Dates); (b) a date, at least 30 days after such written notice is delivered and at least 30 days before the next interest Payment Date for the related Book-Entry Notes, on which such Global Security shall be exchanged for a single replacement Global Security; and (c) a new CUSIP number to be assigned to such replacement Global Security. Upon receipt of such a notice, DTC will pay interest send to its participants (including the Trustee) a written reorganization notice to the effect that such exchange will occur on such date. Prior to the specified exchange date, the Trustee will deliver to the CUSIP Service Bureau written notice setting forth such exchange date and the new CUSIP number and stating that, as of such exchange date, the CUSIP numbers of the Global Securities to be exchanged will no longer be valid. On the specified exchange date, the Trustee will exchange such Global Securities and the old CUSIP numbers for a single Global Security bearing the new CUSIP number. The CUSIP numbers of the exchanged Global Securities will, in accordance with CUSIP Service Bureau procedures be canceled and not immediately reassigned. Notwithstanding the foregoing, if the Global Securities to be exchanged exceed $200,000,000 in aggregate principal amount, one replacement Security will be authenticated and issued to represent each $200,000,000 of principal amount of principal amount of the US $500,000,000 exchanged Global Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest and an additional Global Note will be subject authenticated and issued to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed represent any remaining principal amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationGlobal Securities.

Appears in 1 contract

Samples: Distribution Agreement (Jostens Inc)

Interest. ArcelorMittalThe interest rate for each Disbursement of the Loan shall be a per annum rate equal to the London Inter-Bank Offered Rate (“LIBOR”) for a one-year deposit in U.S. dollars, as published by the Wall Street Journal (or if the Wall Street Journal is not available, a société anonyme organized under Luxembourg law will pay comparable source) on the date of the applicable Disbursement to Loan Recipient, plus two percent (2%). The interest rate so determined shall apply only to the Disbursed Loan Amount being disbursed on such Disbursement date, and not for the Disbursed Loan Amount outstanding before such Disbursement date. Interest shall be compounded annually on the principal amount of the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended disbursed by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, CIRM from the date it was most recently paid of the applicable Disbursement to Loan Recipient. For each additional year of the Loan Period beyond the fifth anniversary of the Effective Date, the interest rate shall increase from the base rate on the fifth year anniversary (each LIBOR plus 2%) (the “Base Rate”) as follows: one percent (1%) over the Base Rate on the fifth year anniversary in the sixth year; two percent (2%) over the Base Rate on the fifth year anniversary in the seventh year; three percent (3%) over the Base Rate on the fifth year anniversary in the eighth year; four percent (4%) over the Base Rate on the fifth year anniversary in the ninth year; and five percent (5%) over the Base Rate on the fifth year anniversary in the tenth year. If for any reason on a date a Disbursement is required to be made LIBOR is not being published or is not available, any Disbursement required to be made on such period, an “Interest Period”date shall bear interest at the previously established LIBOR rate until LIBOR is available or published (on which date such Disbursement shall begin bearing interest as provided in this Section 4.3). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the Any amount not paid when due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case hereunder shall thereafter bear interest will continue to accrue on the Securities at the rates set forth abovethen-applicable per annum interest rate specified hereunder, as the case may be, until the earlier of plus five percent (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification5%).

Appears in 1 contract

Samples: Loan Agreement (Capricor Therapeutics, Inc.)

Interest. ArcelorMittalLMI Aerospace, Inc., a société anonyme organized under Luxembourg law will Missouri corporation (the “Issuer”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2507.375% per annum from February 28June 19, 2012 2014 until Maturity. maturity and shall pay Additional Interest will be subject to adjustment (as defined in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional AmountsRegistration Rights Agreement), if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture Registration Rights Agreement referred to below), . The Issuer will pay interest semi-annually annually, in arrears arrears, on February 25 January 15 and August 25 July 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be January 15, 2015. The Issuer will be calculated pay interest (including Post-Petition Interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, at a rate that is equal to 1% per annum in excess of the Indenturethen applicable interest rate on the Notes to the extent lawful; it will pay interest (including Post-Petition Interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities basis of a 360-day year comprised of twelve 30-day months. In addition to the rights provided to Holders of the Notes under the Indenture, Holders of Registrable Notes (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of June 19, 2014, among the Issuer, the Guarantors named therein and the other parties named on the due date for their redemptionsignature pages thereto (the “Registration Rights Agreement”), unlessincluding the right to receive Additional Interest in certain circumstances. If applicable, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalAdditional Interest shall be paid to the same Persons, in which case interest will continue to accrue on the Securities same manner and at the rates set forth above, same times as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationregular interest.

Appears in 1 contract

Samples: Indenture (Lmi Aerospace Inc)

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will The Company promises to pay interest on the principal amount of the US $500,000,000 Securities at 6.250the interest rate of 6.5% per annum (the "Interest Rate") from February 28the date of issuance until repayment in full at November 1, 2012 2014, or until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowan earlier repurchase. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Interest on this Security semi-annually in arrears on February 25 May 1 and August 25 November 1 of each year (each each, an "Interest Payment Date"), commencing May 1, 2005. Interest on the Securities shall be computed (i) commencing for any full semi-annual period for which a particular Interest Rate is applicable, on August 25the basis of a 360-day year of twelve 30-day months and (ii) for any period for which a particular Interest Rate is applicable for less than a full semiannual period for which Interest is calculated, 2012on the basis of a 30-day month and, for such periods of less than a month, the actual number of days elapsed over a 30-day month. If this Security is repurchased by the Company on a date that is after the record date and prior to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant corresponding Interest Payment Date. If an Interest Payment , interest and additional amounts, if any, accrued and unpaid hereon to but not including the applicable Repurchase Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principalFundamental Change Repurchase Date, as the case may be, will be paid to the same Holder to whom the Company pays the purchase price of this Security. A Holder of any Security at the close of business on a record date will be entitled to receive interest (and Liquidated Damages, if any) on such Security on the corresponding Interest Payment Date. Interest on Securities converted after a record date but prior to the corresponding Interest Payment Date (other than any Security whose maturity is prior to such Interest Payment Date) will be paid on the next Business Day. Payments postponed succeeding Interest Payment Date to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement Holder of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due record date for their redemption, unlessbut, upon conversion, the converting Holder must pay the Company the interest, and Liquidated Damages, if any, which have accrued to the date of conversion and will be paid on such due dateInterest Payment Date. If the principal amount hereof, any portion thereof, any interest, including the payment of principal Liquidated Damages, if any, or any Repurchase Price, Fundamental Change Repurchase Price, Optional Redemption Price or Make-Whole Premium, if applicable, on any Security is improperly withheld not paid when due (whether upon acceleration pursuant to Section 8.2 of the Indenture, upon the date set for payment of the Repurchase Price, the Fundamental Change Repurchase Price, the Optional Redemption Price or refused the Make-Whole Premium hereof or if default is otherwise made upon the Stated Maturity of this Security), then in respect each such case the overdue amount shall, to the extent permitted by law, bear interest at 1% over the then Interest Rate, which interest shall accrue from the date on which such overdue amount was originally due to the date of payment of principalsuch amount, in which case including interest will continue to accrue thereon, has been made or duly provided for. All such interest shall be payable on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationdemand.

Appears in 1 contract

Samples: Registration Rights Agreement (Integrated Electrical Services Inc)

Interest. ArcelorMittalEldorado Casino Shreveport Joint Venture, a société anonyme organized under Luxembourg law will Louisiana general partnership (the “Partnership”), and Shreveport Capital Corporation, a Louisiana corporation (“Capital” and, together with the Partnership, the “Issuers”), jointly and severally, promise to pay interest Interest on the principal amount of the US $500,000,000 Securities this Note at 6.25010% per annum from February 28June 30, 2012 2005 (the “Initial Accrual Date”) until Maturitymaturity. Interest will be subject to adjustment in accordance with Article III on the Notes, including interest on overdue principal or installments of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amountsinterest, if any, pursuant to Section 10.11 shall be paid in cash or, at the option of the Indenture Issuers, through the issuance of additional Notes the principal amount of which is equal to all or a portion of the interest then due, as determined by the Issuers; provided, however, that the Issuers may exercise the option to issue additional Notes in lieu of cash interest payments for only four semi-annual interest payments, which payments need not be consecutive; provided, further, that the option to issue additional Notes may not be exercised after any Partnership Interests have been redeemed or otherwise acquired by an Issuer, (x) unless the Partnership shall have been required by the holders of Partnership Interest to redeem or, prior to the applicable Interest Payment Date (as amended by Article IV hereinafter defined), the Partnership shall have received notice from the holders of Partnership Interests, which notice shall not have been subsequently revoked, of their intent to require the Partnership to redeem such Partnership Interests, in each case in accordance with the provisions of Section 9.6(a) of the Sixth Supplemental Indenture referred Partnership Agreement or (y) with respect to below)the two Interest Payment Dates immediately succeeding any distribution by the Partnership made in respect of the Preferred Interests prior to the payment in full of the principal amount of all of the Notes and accrued interest thereon. The Issuers will pay Interest, if any, semi-annually in arrears on February 25 1 and August 25 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest PeriodPayment Date”). Interest on the Securities Notes will accrue from the most recent date to which Interest has been paid or, if no Interest has been paid, from the Initial Accrual Date; provided, however, that if there is no existing Default in the payment of Interest, and if this Note is authenticated between a record date referred to on the face hereof (each a “Record Date”) and the next succeeding Interest Payment Date, Interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated in accordance with Section 3.10 of the IndentureFebruary 1, 2006. Interest will cease to accrue be computed on the Securities basis of a 360-day year comprised of twelve 30-day months. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on the due date for their redemptionoverdue principal and premium, unlessif any, upon such due date, payment of principal from time to time on demand at a rate that is improperly withheld or refused or if default is otherwise made 1% per annum in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect excess of the such Securities up rate of the Interest and they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of Interest, (without regard to any applicable grace periods) at a rate that seventh day, except is 1% per annum in excess of the rate of the Interest to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationlawful.

Appears in 1 contract

Samples: Indenture (NGA Holdco, LLC)

Interest. ArcelorMittalSpectraSite Holdings, Inc., a société anonyme organized Delaware corporation (such corporation, and its successors and assigns under Luxembourg law will the Indenture hereinafter referred to, being herein called the "Issuer"), promises to pay interest on the principal amount of this Note at the US $500,000,000 Securities rate per annum shown above[; provided, however, that if a Registration Default (as defined in the Registration Rights Agreement) occurs, additional cash interest will accrue on this Note at 6.250a rate of 0.50% per annum from February 28and including the date on which any such Registration Default shall occur to but excluding the date on which all Registration Defaults have been cured, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III calculated on the Accreted Value of this Note as of the Sixth Supplemental Indenture referred date on which such interest is payable; provided, however, that in no event shall the aggregate amount of such additional interest exceed 0.50% per annum. Such interest is payable in addition to belowany other interest payable from time to time with respect to this Note. The Company Trustee will pay interest and Additional Amounts, not be deemed to have notice of a Registration Default until it shall have received actual notice of such Registration Default].4 Insert if any, pursuant to Section 10.11 at the time of issuance of the Indenture Exchange Security or Private Exchange Security (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on ) neither the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in Registered Exchange Offer has been consummated nor a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest Shelf Registration Statement has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated declared effective in accordance with Section 3.10 the Registration Rights Agreement. -------------- 4 Insert if at the time of issuance of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld Exchange Security or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, Private Exchange Security (as the case may be) neither the Registered Exchange Offer has been consummated nor a Shelf Registration Statement has been declared effective in accordance with the Registration Rights Agreement. Until April 15, until 2004, the earlier Notes will accrue at a rate of (a) 11 1/4% per annum and be compounded semi-annually on each Semi-Annual Accrual Date with respect to the day Notes, but, except as described herein, will not be payable in cash. Interest on which all sums due the Accreted Value of each Note as of April 15, 2004 will accrue at the same rate but will be paid semi-annually commencing October 15, 2004, to Holders of record at the close of business on the April 1 or October 1 immediately preceding the interest payment date of April 15 and October 15 of each year. The Issuer shall pay interest on overdue principal at 1% per annum in respect excess of such Securities up to that day are received the rate borne by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except Notes to the extent that there is failure in lawful. Interest will be computed on the subsequent payment to the relevant Holders following such notificationbasis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Spectrasite Holdings Inc

Interest. ArcelorMittalThe Scotts Company, a société anonyme organized under Luxembourg law will an Ohio corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2508.625% per annum from February 28January 21, 2012 1999 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will shall pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Liquidated Damages semi-annually in arrears on February 25 January 15 and August 25 July 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities will Notes shall accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated July 15, 1999. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1.0% per annum in excess of the Indenture. Interest will cease rate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to accrue any applicable grace periods) from time to time on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities demand at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there lawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is failure exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in the subsequent payment full, this Regulation S Temporary Global Note shall in all other respects be entitled to the relevant Holders following such notificationsame benefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Scotts Company

Interest. ArcelorMittalOffshore Group Investment Limited, a société anonyme organized under Luxembourg law will Cayman Islands exempted company (the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.250% a rate per annum as set forth below, from February 28, 2012 the Issue Date until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 June 30 and August 25 December 31 of each year (each an Interest Payment Date) year, commencing on August 25June 30, 20122016, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next succeeding Business Day. Payments postponed to Except as otherwise provided in Sections 2.11 and 2.14 of the next Business Day in this situation will be treated under this Indenture as if they were made Indenture, interest on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities Notes will accrue from the Closing most recent Interest Payment Date or, if no interest has already been paid, from the date it was most recently of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a Record Date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal, premium (including the Applicable Premium), if any, and interest (without regard to any applicable grace period), from time to time on demand at a rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Company will notify the Trustee in writing of the amount of interest proposed to be paid on each Note and the date of the proposed payment. All references to “interest” shall mean the initial interest rate borne by the Notes plus any Default Interest. If there has been no demand that the Company pay Default Interest, the Company shall pay Default Interest, if any, in the same manner as other interest, and on the same dates as set forth in the Notes and in the Indenture dated as of [●], 2016 (each such periodthe “Indenture”) among the Company, an “Interest Period”)the Guarantors, the Trustee and the Noteholder Collateral Agent. Interest on this Note will accrue at the Securities rate of 1% per annum prior to the fourth anniversary of the Issue Date. From and after the fourth anniversary of the Issue Date, interest on this Note will accrue at the rate of 12% per annum. All interest payments (other than at the Maturity Date, or as provided in this Note) will be calculated made as PIK Interest; provided, that, for any Notes that have not been converted into Common Shares in accordance with Article 13 prior to the Maturity Date, the final interest payment on the Maturity Date shall be made in cash. All interest payments are subject to rounding and other adjustments in accordance with of Section 3.10 4.01 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.

Appears in 1 contract

Samples: Indenture (Vantage Drilling Netherlands B.V.)

Interest. ArcelorMittalMariposa Merger Sub LLC, a société anonyme organized Delaware limited liability company (“Mariposa” or the “LLC Co-Issuer”), and Mariposa Borrower, Inc., a Delaware corporation (the “Corporate Co-Issuer” and, together with the LLC Co-Issuer and their successors and assigns under Luxembourg law will the Indenture hereinafter referred to, the “Issuers”), promise to pay interest on the principal amount of this Note at the US $500,000,000 Securities rate per annum shown above. The Issuers will pay interest semiannually on April 15 and October 15 of each year, with the first interest payment to be made on April 15, 2014.(3) Interest on the Notes will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from October 21, 2013.(4) Interest on the this Note will accrue at 6.250the rate of 8.750% per annum from February 28in the case of Cash Interest and 9.500% per annum in the case of PIK Interest. The Issuers will pay interest on overdue principal or premium, 2012 until Maturityif any (plus interest on such interest to the extent lawful), at the rate borne by the Notes to the extent lawful. Interest will be subject to adjustment in accordance with Article III computed on the basis of the Sixth Supplemental Indenture referred to belowa 360-day year of twelve 30-day months. The Company Issuers will pay interest and Additional Amounts, if any, pursuant to Section 10.11 on overdue principal at 2.0% per annum in excess of the Indenture (as amended by Article IV above rate and will pay interest on overdue installments of interest at such higher rate to the extent lawful. Interest will be payable, at the election of the Sixth Supplemental Indenture referred to belowLLC Co-Issuer, (a) entirely in cash (“Cash Interest”), semi-annually in arrears on February 25 (b) by increasing the principal amount of the outstanding Note or by issuing PIK Interest Notes (“PIK Interest”) or (c) 50% as Cash Interest and August 25 of each year (each an 50% as PIK Interest. Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day initial two interest periods will be paid in Cash Interest. The Issuers may elect to pay interest in the Place form of PaymentCash Interest, we will pay interest PIK Interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Partial PIK Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of the third interest payment through and including the tenth interest payment; provided, however, that the Issuers may elect to pay interest in the form of principalPIK Interest or Partial PIK Interest with respect to no more than six interest payments in the aggregate. All other interest payments will be in Cash Interest. In the event that LLC Co-Issuer determines to pay PIK Interest for any interest period, in then the LLC Co-Issuer will deliver a notice (a “PIK Notice”) to the Trustee no later than one day prior to the beginning of the relevant interest period, which case notice will state the total amount of interest will continue to accrue be paid on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due Interest Payment Date in respect of such Securities up interest period and the amount of such interest to that day are received be paid as PIK Interest. The Trustee, on behalf of the LLC Co-Issuer, will promptly deliver a corresponding notice provided by the relevant Holder or (b) LLC Co-Issuer to the day falling seven days after the Trustee has notified the Holders of receipt of all sums due Holders. Interest in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.initial two

Appears in 1 contract

Samples: Mariposa Merger Sub (Neiman Marcus Group LTD Inc.)

Interest. ArcelorMittalInergy, L.P., a société anonyme organized under Luxembourg law will Delaware limited partnership (the “Company”), and Inergy Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2506.875% per annum from February 282, 2012 2011 until Maturity. maturity and shall pay the Additional Interest will be subject payable pursuant to adjustment in accordance with Article III Section 2(d) of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsInterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 1 and August 25 1 of each year (each an Interest Payment Date) year, commencing on August 251, 20122011, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will be calculated face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in accordance with Section 3.10 the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to accrue time on demand at a rate that is the Securities rate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on demand at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there is failure in lawful. Interest will be computed on the subsequent payment to the relevant Holders following such notificationbasis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Inergy L P)

Interest. ArcelorMittalInteractive Health LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (the “Company”), and Interactive Health Finance Corp., a Delaware corporation (“Co-Issuer” and together with the Company, the “Issuers”), promise to pay interest on the principal amount at maturity of the US $500,000,000 Securities this Note at 6.250% 7¼% per annum from February 28, 2012 20 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages, if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuers will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 April 1 and August 25 October 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be , 20 . The Issuers will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace periods), from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Indenture (Interactive Health, Inc.)

Interest. ArcelorMittaliGATE Corporation, a société anonyme organized Pennsylvania corporation (such corporation, and its successors and assigns under Luxembourg law will the Indenture hereinafter referred to, being herein called the “Issuer”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2504.750% per annum from February 28April 2, 2012 2014 until Maturity. Interest will be subject maturity and shall pay Additional Interest, if any, payable pursuant to adjustment in accordance with Article III of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuer will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 every April 15 and August 25 October 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities will Notes shall accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date of issuance; provided, that the first Interest Payment Date shall be October 15, 2014. The Issuer shall pay interest on overdue principal at the rate specified herein, and it was most recently paid shall pay interest (each such including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (including Additional Interest) (without regard to any applicable grace period, an “Interest Period”)) at the same rate to the extent lawful. Interest on the Securities Notes will be calculated in accordance with Section 3.10 computed on the basis of a 360-day year comprised of twelve 30-day months. In addition to the rights provided to Holders of the Notes under the Indenture. Interest will cease to accrue , Holders of Registrable Notes (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of April 2, 2014, among the Issuer, the Guarantors named therein and the other parties named on the Securities on signature pages thereto (the due date for their redemption“Registration Rights Agreement”), unlessincluding the right to receive Additional Interest in certain circumstances. If applicable, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalAdditional Interest shall be paid to the same Persons, in which case interest will continue to accrue on the Securities same manner and at the rates set forth abovesame times as regular interest. [Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, as the case may beHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, until the earlier of (a) the day on which this Regulation S Temporary Global Note shall in all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.]

Appears in 1 contract

Samples: Indenture (Igate Corp)

Interest. ArcelorMittalNRG Energy, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2503.875% per annum from August 23, 2021 until maturity, subject to the paragraph below. From and including August 15, 2026 (the “Interest Rate Step Up Trigger Date”), the interest rate payable on the Notes shall be increased once by 25 basis points to 4.125% per annum (the “Subsequent Rate of Interest”), to be first paid on the February 2815, 2012 until Maturity. 2027 Interest Payment Date (as defined below), and such Subsequent Rate of Interest will be subject continue to adjustment apply up to, but excluding, the maturity date of the Notes, unless the Company has provided a Satisfaction Notification to the Trustee on or before the Notification Date that, in respect of the year ended December 31, 2025: (i) the Sustainability Performance Target has been satisfied; and (ii) the satisfaction of the Sustainability Performance Target has been confirmed by the External Verifier in accordance with Article III its customary procedures. If, as of the Sixth Supplemental Indenture referred Notification Date, (x) the Company fails, or is unable, to belowprovide the Satisfaction Notification, (y) the Sustainability Performance Target has not been satisfied or (z) the External Verifier has not confirmed satisfaction of the Sustainability Performance Target, the Subsequent Rate of Interest will apply from and including the Interest Rate Step Up Trigger Date and thereafter up to, and including, the maturity date of the Notes. Whenever in this Note there is mentioned, in any context, the payment of amounts based upon the principal amount of this Note or of principal, interest or of any other amount payable under, or with respect to, this Note, such mention shall be deemed to include mention of the payment of interest for this Note calculated at the Subsequent Rate of Interest, as context may require, to the extent that, in such context, interest calculated at the Subsequent Rate of Interest is, was or would be payable in respect thereof. The Company will shall pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 15 and August 25 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities this Note will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated in accordance with Section 3.10 of the IndentureFebruary 15, 2022. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Supplemental Indenture (NRG Energy, Inc.)

Interest. ArcelorMittalThe Resort at Summxxxxx, Xxmited Partnership, a société anonyme organized under Luxembourg law will Nevada limited partnership, and The Resort at Summxxxxx, Xxc., a Nevada corporation (the "Issuers"), jointly and severally, promise to pay interest on the principal amount of this Note at the US $500,000,000 Securities rate and in the manner specified below. The Issuers shall pay, in cash, interest on the principal amount of this Note at 6.250% the rate per annum from February 28of 13%; provided, 2012 until Maturityhowever, that through and including June 15, 1999, on each Interest Payment Date, the Issuers may, at their option and in their sole discretion, in lieu of the payment in whole or in part of interest due on this Note, pay interest on this Note through the issuance of additional Notes in an aggregate principal amount equal to the amount of interest that would be payable with respect to this Note, if such interest were paid in cash. After June 15, 1999, the Issuers shall pay interest on this Note in cash. The Issuers shall notify the Trustee in writing of their election to pay interest on this Note through the issuance of additional Notes not less than 10 nor more than 45 days prior to the record date for the Interest Payment Date on which additional Notes will be issued. Additional Notes shall be governed by, and entitled to the benefits of, the Indenture and shall be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 terms of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, shall be subject to the Holders same terms (including the rate of Securities registered interest from time to time payable thereon) as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principalthis Note (except, as the case may be, with respect to the issuance date and aggregate principal amount). The Issuers will pay interest semiannually in arrears on June 15 and December 15 of each year (each an "Interest Payment Date"), commencing June 15, 1998, or if any such day is not a Business Day on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a succeeding Business Day. Interest will be computed on the Securities will basis of a 360-day year consisting of twelve 30-day months. Interest shall accrue from the Closing most recent Interest Payment Date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof the original issuance of the Notes. To the extent lawful, an “Interest Period”). Interest the Issuers shall pay interest on overdue principal at the rate of 2% per annum in excess of the then applicable interest rate on the Securities will be calculated in accordance with Section 3.10 Notes; it shall pay interest on overdue installments of the Indenture. Interest will cease interest (without regard to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities any applicable grace periods) at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there is failure in the subsequent payment lawful. The rate of interest payable on this Note shall be subject to the relevant Holders following such notification.assessment of additional interest (the "Additional Interest") as follows:

Appears in 1 contract

Samples: Resort at Summerlin Inc

Interest. ArcelorMittalGrande Communications Holdings, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25014% per annum from February 28until maturity and shall pay the Liquidated Damages, 2012 until Maturity. Interest will be subject if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 April 1 and August 25 October 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be October 1, 2004. The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 0.50% per annum in excess of the Indenturerate then in effect; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Note, the due date for their redemptionHolder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made this Regulation S Temporary Global Note shall in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except other respects be entitled to the extent that there is failure in same benefits as other Notes under the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 1 contract

Samples: Supplemental Indenture (Denton Telecom Holdings I, L.L.C.)

Interest. ArcelorMittalPetco Holdings, Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the “Issuer”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2508.500% per annum with respect to Cash Interest and 9.250% with respect to PIK Interest from February 28October 10, 2012 20122 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowmaturity. The Company Issuer will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 April 15 and August 25 October 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid of issuance; provided that the first Interest Payment Date shall be April 15, 2013. The Issuer will pay interest (each such periodincluding post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, an “Interest Period”). Interest if any, from time to time on demand at the interest rate on the Securities will be calculated Notes; it shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the Indentureinterest rate on the Notes. Interest will cease to accrue be computed on the Securities basis of a 360-day year comprised of twelve 30-day months. Except as provided in this paragraph 1 and the definition of “Applicable Amount” in this paragraph 1, interest on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made Notes shall be payable entirely in respect of payment of principal, in which case interest will continue to accrue Cash Interest. Interest payable on the Securities Notes on each of the first Interest Period and the final Interest Period ending at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due stated maturity shall be paid entirely in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days Cash Interest. For any Interest Period after the Trustee has notified initial Interest Period (other than the Holders of receipt of all sums due in respect of final Interest Period ending at stated maturity), if the Applicable Amount as determined on the Determination Date for such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.Interest Period shall:

Appears in 1 contract

Samples: Indenture (Petco Holdings Inc)

Interest. ArcelorMittalNeiman Marcus Group LTD LLC, a société anonyme organized Delaware limited liability company (the “Issuer”), and The Neiman Marcus Group LLC, a Delaware limited liability company (the “LLC Co-Issuer”), Mariposa Borrower, Inc., a Delaware corporation (the “Corporate Co-Issuer”), and The NMG Subsidiary LLC, a Delaware limited liability company (the “New Co-Issuer Subsidiary” and, together with the Corporate Co-Issuer and the LLC Co-Issuer and their successors and assigns under Luxembourg law will the Indenture hereinafter referred to, the “Co-Issuers” and, together with the Issuer, the “Issuers”) promise to pay interest on the principal amount of this Note at the US $500,000,000 Securities at 6.250% rate per annum shown above. The Issuers will pay interest semiannually on April 15 and October 15 of each year, with the first interest payment to be made on October 15, 2019.(5) Interest on the Notes will accrue from February 28the most recent date to which interest has been paid on the Notes or, 2012 until Maturityif no interest has been paid, from June 7, 2019.(6) Interest on the Notes will accrue at (1) an annual rate of 8.00 % payable in cash (“Cash Interest”), plus (2) an annual rate of 6.00 % (the “PIK Interest”) payable by increasing the principal amount of the outstanding Notes represented by one or more book entry Notes or Global Notes or, with respect to Notes represented by individual certificates, if any, by issuing additional notes (each, a “PIK Interest Note”), in certificated form, in each case by rounding down to the nearest $1.00. The Issuers will pay interest on overdue principal or premium, if any (plus interest on such interest to the extent lawful), at the rate borne by the Notes to the extent lawful. Interest will be subject to adjustment in accordance with Article III computed on the basis of the Sixth Supplemental Indenture referred to belowa 360-day year of twelve 30-day months. The Company Issuers will pay interest and Additional Amounts, if any, pursuant to Section 10.11 on overdue principal at 2.0% per annum in excess of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 above rate and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement overdue installments of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each at such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except higher rate to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationlawful.

Appears in 1 contract

Samples: Neiman Marcus Group LTD LLC

Interest. ArcelorMittaliStar Financial Inc., a société anonyme organized under Luxembourg law will Maryland corporation (the “Company”), promises to pay interest on the principal amount of this note quarterly in arrears on March 9, June 9, September 9 and December 9 of each year, or if any such day is not a Business Day, on the US $500,000,000 Securities next succeeding Business Day (each an “Interest Payment Date”) at 6.250the rate per annum, reset quarterly (the “interest reset period” and the first date in such period, the “interest reset date”), equal to three-month LIBOR (as defined below) plus 0.35% per annum to be determined by the calculation agent. Interest on the notes will accrue from February 28the most recent date to which interest has been paid or, 2012 until Maturityif no interest has been paid, from March 9, 2007; provided that if there is no existing default in the payment of interest, and if this note is authenticated between a record date referred to on the face hereof and the next succeeding interest payment date, interest shall accrue from such next succeeding interest payment date; provided, further, that the first interest payment date shall be June 9, 2007. The Company shall pay interest (including post-petition interest in any proceeding under any bankruptcy law) on overdue principal and premium, if any, from time to time on demand at the rate then in effect; it shall pay interest (including post-petition interest in any proceeding under any bankruptcy law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be subject computed on the basis of a 360-day year using the actual number of days elapsed from and including an interest payment date to adjustment in accordance with Article III of but excluding the Sixth Supplemental Indenture referred to below. The Company will pay next succeeding interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Datepayment date. If an Interest Payment Date or any interest payment date on the Notes other than the maturity date in respect of the Securities is not a Business Day in the Place of PaymentDay, we such interest payment date will pay interest or principal, as the case may be, on the next Business Day. Payments be postponed to the next succeeding Business Day, except that if such Business Day falls in this situation the next succeeding calendar month, such interest payment date will be treated under this Indenture as if they were the immediately preceding Business Day: If the maturity date of the Notes falls on a day that is not a Business Day, the required payment of principal and interest will be made on the original due date. Postponement of this kind will not result in a default under next succeeding Business Day as if made on the Securities or this Indenturedate such payment was due, and no interest will accrue on such payment for the postponed amount period from and after the original due maturity date to the date of such payment on the next day that is a succeeding Business Day. Interest The interest rate on the Securities will accrue from Notes applicable to each interest reset period commencing on the Closing Date orrelated interest reset date, if or the original issue date in the case of the initial interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated the rate determined as of the applicable interest determination date. The “interest determination date” will be the second London business day immediately preceding the original issue date, in the case of the initial interest reset period, or thereafter the applicable interest reset date. US Bank Trust National Association, or its successor appointed by the Company, will act as calculation agent. Three-month LIBOR will be determined by the calculation agent as of the applicable interest determination date in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notification.provisions:

Appears in 1 contract

Samples: Istar Financial Inc

Interest. ArcelorMittal(a) From (and including) the Issue Date to (but excluding) June 15, 2026 the interest rate on the Securities shall be 6.125% per annum (the “Initial Interest Rate”). From and including each Reset Date to (but excluding) the next following Reset Date (each such period, a société anonyme organized under Luxembourg law “Reset Period”), the applicable per annum interest rate (the “Subsequent Interest Rate”) will, subject to Section 2.02(b) herein, be equal to the sum, as determined by the Calculation Agent, of the then prevailing U.S. Treasury Rate on the relevant Reset Determination Date and 5.867% (the “Margin”). Each Subsequent Interest Rate shall be determined in compliance with the relevant Capital Regulations. Subject to Sections 3.12 and 3.13 of the Base Indenture and the penultimate sentence of this paragraph, interest, if any, shall be payable quarterly in arrear on March 15, June 15, September 15 and December 15 of each year (each, an “Interest Payment Date”), commencing on December 15, 2020; provided that if such Interest Payment Date is not a Business Day, the Interest Payment Date shall be postponed to the next Business Day, but interest on that payment will not accrue during the period from and after the Interest Payment Date. Subject to Sections 3.12 and 3.13 of the Base Indenture, the interest rate on the Securities, if any, will be computed on the basis of a year of 360 days consisting of 12 months of 30 days each and, in the case of an incomplete month, the actual number of days elapsed. The first date on which interest may be paid will be December 15, 2020 for the period commencing on (and including) August 12, 2020 and ending on (but excluding) December 15, 2020 (and thus a long first interest period). If a date of redemption is not a Business Day, the Company may pay interest (if any) and principal on the next Business Day, but interest on that payment will not accrue during the period from and after the date of redemption. In addition to any other restrictions on payments of principal and interest contained in the Indenture, no repayment of the principal amount of the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no payment of interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from shall become due and payable after the Closing Date or, if interest has already been paid, from exercise of any U.K. Bail-in Power by the date it was most recently paid (each Relevant U.K. Resolution Authority unless such period, an “Interest Period”). Interest on repayment or payment would be permitted to be made by the Securities will be calculated in accordance with Section 3.10 Company under the laws and regulations of the Indenture. Interest will cease to accrue on United Kingdom and the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except European Union applicable to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationCompany.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Barclays PLC)

Interest. ArcelorMittalLFS-Merger Sub, Inc., a société anonyme organized Texas corporation (such corporation, and its successors and assigns under Luxembourg law will the Indenture hereinafter referred to, being herein called the “Company”), promises to pay interest on the principal amount of this Security at the US $500,000,000 Securities at 6.250% rate per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to belowshown above. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 15 and August 25 of each year (each an Interest Payment Date) 15, commencing on August 2515, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day2005. Interest on the Securities will accrue from the Closing Date most recent date to which interest has been paid on the Securities or, if no interest has already been paid, from February 4, 2005. The Company shall pay interest on overdue principal, and on overdue premium, if any (plus interest on such interest to the extent lawful), at the rate borne by the Securities to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. If an exchange offer (the “Exchange Offer”) registered under the Securities Act is not consummated or a shelf registration statement (the “Shelf Registration Statement”) under the Securities Act with respect to resales of the Securities, if required by the Registration Rights Agreement, is not declared effective by the SEC on or before the date it was most recently paid that is 255 days after the Closing Date (each such period, an the Interest PeriodTarget Registration Date). Interest on the Securities will be calculated ) in accordance with Section 3.10 the terms of the Indenture. Interest will cease Registration Rights Agreement to accrue on be dated as of the Closing Date, among the Company and the Initial Purchasers, the annual interest rate borne by the Securities on shall be increased from the due date rate shown above by (i) 0.25% per annum for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in the first 90-day period immediately following the Target Registration Date and (ii) an additional 0.25% per annum with respect of payment of principalto each subsequent 90-day period, in which each case interest will continue to accrue on until the Exchange Offer is completed or the Shelf Registration Statement, if required, is declared effective by the SEC or the Securities at become freely tradable under the rates set forth aboveSecurities Act, as up to a maximum of 1.00% per annum of additional interest. If the case may beCompany receives a request (a “Shelf Request”) from an Initial Purchaser requesting that a Shelf Registration Statement be filed due to an unsold allotment of Securities held by such Initial Purchaser, until and the earlier Shelf Registration Statement is not declared effective by the SEC by the later of (ax) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven 210 days after the Trustee has notified Closing Date and (y) 90 days after the Holders delivery of receipt of all sums due in such Shelf Request (the “Shelf Additional Interest Date”), the annual interest rate borne by the Securities shall be increased from the rate shown above by (i) 0.25% per annum for the first 90-day period immediately following the Shelf Additional Interest Date and (ii) an additional 0.25% per annum with respect of to each subsequent 90-day period until the such Securities Shelf Registration Statement is declared effective, up to that seventh day, except a maximum of 1.00% per annum of additional interest. The Holder of this Security will be entitled to the extent that there is failure in the subsequent payment to the relevant Holders following benefits of such notificationRegistration Rights Agreement.

Appears in 1 contract

Samples: Indenture (Eye Care Centers of America Inc)

Interest. ArcelorMittalGrey Global Group Inc., a société anonyme organized under Luxembourg law will Delaware corporation (the "COMPANY"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Debenture at 6.2505.0% per annum from February October 28, 2012 2003 until Maturity. Interest will be subject maturity and shall pay the Additional Amounts, if any, payable pursuant to adjustment in accordance with Article III Section 3 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and, if applicable, Contingent Interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 April 15 and August 25 October 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may bebusiness day, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next succeeding business day that is a Business Day(each an "INTEREST PAYMENT DATE"). Interest on the Securities Debentures will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date of issuance; provided that the first Interest Payment Date shall be April 15, 2004. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Subject to the accrual, record date and payment provisions above, contingent interest ("CONTINGENT INTEREST") will accrue during any six-month interest period (a "CONTINGENT INTEREST PERIOD") beginning with the six-month interest period commencing on October 15, 2013, if the average Trading Price of the Debentures for the five trading days (as defined in the Indenture) ending on the third trading day immediately preceding the first day of the applicable Contingent Interest Period equals $1,200 or more per $1,000 principal amount of Debentures. During any period in which Contingent Interest accrues, it was most recently paid will be payable per $1,000 principal amount of Debentures at a rate per annum equal to 0.50% of such average Trading Price. The Company will pay Contingent Interest, if any, in the same manner as it will pay interest as described above. Upon determination that Contingent Interest on the Debentures will accrue during any relevant six-month period, on or prior to the start of such six-month period, the Company shall issue a press release announcing the payment of such Contingent Interest and shall notify the Trustee in writing. So long as the Company is not in default in the payment of interest on the Debentures, the Company shall have the right to extend the interest payment period (each such extended period, an “Interest "EXTENSION PERIOD"), including the payment of Contingent Interest, from time to time for a period not exceeding 10 consecutive semi-annual interest periods, provided that such Extension Period shall terminate upon the occurrence of a Default or Event of Default, and provided further that no Extension Period shall extend beyond October 15, 2033. No interest shall be due and payable during an Extension Period”), except at the end thereof, provided that interest (including Compounded Interest) shall accrue. Interest on During any Extension Period, the Securities will be calculated in accordance Company shall not (i) declare or pay any dividends on, or redeem, purchase, acquire or make a distribution or liquidation payment with Section 3.10 respect to, any of the Indenture. Interest Company's common stock or preferred stock or make any guarantee payments with respect thereto (provided that the foregoing will cease not apply (a) to accrue on repurchases, redemptions or other acquisitions of shares of the Securities on Company's capital stock in connection with any employment contract, benefit plan or other similar arrangement with or for the due date benefit of employees, officers, directors or consultants, which contract, plan or arrangement is approved by the Company's Board of Directors, (b) as a result of an exchange or conversion of any class or series of the Company's capital stock for their redemptionany other class or series of the Company's capital stock, unless(c) to the purchase of fractional interests in shares of the Company's capital stock pursuant to the conversion or exchange provisions of such capital stock or the security being converted or exchanged or (d) to stock dividends or other stock distributions (including rights, upon such due date, payment of principal is improperly withheld warrants or refused options to purchase capital stock) paid by the Company) or if default is otherwise made in respect of (ii) make any payment of principal, interest or premium, if any, on or repay, repurchase or redeem any of the Company's debt securities that rank in which case right of payment pari passu with, or junior to, the Debentures. Prior to the termination of any such Extension Period, the Company may further extend the interest will continue payment period; provided that such Extension Period together with all such previous and further extensions thereof may not exceed 10 consecutive semi-annual interest payment periods or extend beyond October 15, 2033. On the first Interest Payment Date occurring on or after the end of each Extension Period, the Company shall pay to accrue the Holders of Debentures of record on the Securities record date for such Interest Payment Date (regardless of who the Holders of record may have been on other dates during the Extension Period) all accrued and unpaid interest (including Contingent Interest, if any) on the Debentures, together with Compounded Interest. Upon the termination of any Extension Period and the payment of all amounts then due, the Company may commence a new Extension Period, subject to the above requirements. The Company may also prepay at any time all or any portion of the rates set forth aboveinterest accrued during an Extension Period. Consequently, as there could be multiple Extension Periods of varying lengths throughout the case term of the Debentures, not to exceed 10 consecutive semi-annual interest payment periods; provided, that no such period may beextend beyond October 15, until 2033. If at any time other than an Interest Payment Date the Company elects to prepay all or a portion of the interest accrued during an Extension Period, the Company will (a) if the debentures are listed on a national securities exchange or quoted on The NASDAQ National Market, make payment of such deferred interest in accordance with the regulations of the principal exchange or market on which the Debentures are listed or quoted, if any, or (b) deliver an irrevocable notice to the Holders of the Debentures notifying such holders of the prepayment date, which date shall be not less than 30 days nor more than 60 days after the delivery of such notice. The notice shall state, among other things, the amount of deferred interest to be paid on such prepayment date and shall establish a special record date for the prepayment of such deferred interest (the "SPECIAL RECORD DATE"). The Special Record Date shall be no less than 10 days nor more than 15 days prior to the prepayment date. The Company will pay such deferred interest to the Holders of Debentures of record on the Special Record Date (regardless of who the Holders of record may have been on other dates during the Extension Period). The Company shall give notice to the Trustee of its election of an Extension Period ten business days prior to the earlier of (ai) the day on which all sums due in respect next succeeding Interest Payment Date or (ii) the date the Company is required to give notice to The NASDAQ National Market (if the Debentures are then listed thereon) or other applicable self-regulatory organization or to Holders of the Debentures of the record or payment date of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationrelated interest payment.

Appears in 1 contract

Samples: 2000 Loan Agreement (Grey Global Group Inc)

Interest. ArcelorMittalEnergy Future Intermediate Holding Company LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (“EFIH”), and EFIH Finance Inc., a Delaware corporation (collectively, the “Issuer”), promise to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.250% a rate per annum set forth below from February 28December 5, 2012 until Maturity. Interest will be subject maturity and shall pay Additional Interest, if any, payable pursuant to adjustment in accordance with Article III of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company Issuer will pay interest and (including Additional AmountsInterest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), ) semi-annually in arrears on February 25 June 1 and August 25 December 1 of each year year, commencing on June 1, 2013, or if any such day is not a Business Day, on the next succeeding Business Day (each each, an Interest Payment Date) commencing without interest accruing on August 25, 2012, to the Holders of Securities registered as amount then so payable from such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day that is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a until such Business Day. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from and including December 5, 2012. The Issuer will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the date interest rate on the Notes; it was most recently paid shall pay interest (each such periodincluding post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (including Additional Interest, an “if any)(without regard to any applicable grace periods) from time to time on demand at the interest rate on the Notes. Interest Period”)will be computed on the basis of a 360-day year comprised of twelve 30-day months. Cash Interest on the Securities Notes will accrue at a rate of 11.25% per annum and be payable in cash. PIK Interest on the Notes will accrue at a rate of 12.25% per annum and be payable (x) with respect to Notes represented by one or more global notes registered in the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant Record Date, by increasing the principal amount of the outstanding global Note by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest $1,000) (or, if necessary, pursuant to the requirements of DTC or otherwise, to authenticate new global Notes executed by the Issuer with such increased principal amounts) and (y) with respect to Notes represented by certificated notes, by issuing PIK Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable period (rounded up to the nearest whole dollar), and the Trustee will, at the request of the Issuer, authenticate and deliver such PIK Notes in certificated form for original issuance to the Holders on the relevant Record Date, as shown by the records of the register of Holders. In the event that the Issuer elects to pay Partial PIK Interest for any interest period, each Holder will be calculated in accordance with Section 3.10 of the Indenture. entitled to receive Cash Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment 50% of principal, in which case interest will continue to accrue the principal amount of the Notes held by such Holder on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due relevant Record Date and PIK Interest in respect of 50% of the principal amount of the Notes held by such Securities up to that day are received by Holder on the relevant Holder or (b) Record Date. Following an increase in the day falling seven days principal amount of the outstanding global Notes as a result of a PIK Payment, the global Notes will bear interest on such increased principal amount from and after the Trustee has notified the Holders date of receipt of all sums due such PIK Payment. Any PIK Notes issued in respect certificated form will be dated as of the applicable Interest Payment Date and will bear interest from and after such Securities up date. All Notes issued pursuant to that seventh daya PIK Payment will mature on December 1, except 2018 and will be governed by, and subject to the extent that there is failure in terms, provisions and conditions of, the subsequent payment to Indenture and shall have the relevant Holders following same rights and benefits as the Notes issued on the Issue Date. Any certificated PIK Notes will be issued with the description PIK on the face of such notificationPIK Note.

Appears in 1 contract

Samples: Second Supplemental Indenture (Energy Future Intermediate Holding CO LLC)

Interest. ArcelorMittalTransDigm Inc., a société anonyme organized Delaware corporation (such corporation, and its successors and assigns under Luxembourg law will the Indenture, being herein called the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2507.50% per annum from February 28July 1, 2012 2013 until Maturity. Interest maturity; provided that, if a Registration Default (as defined in the Registration Rights Agreement) occurs, additional interest (the “Additional Interest”) of $0.05 per week per $1,000 principal amount of Notes will be subject accrue on the Notes for the first 90-day period immediately following the occurrence of a Registration Default (increasing by an additional $0.05 per week per $1,000 principal amount of Notes with respect to adjustment in accordance with Article III each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum additional interest rate of the Sixth Supplemental Indenture referred to below1.00% per annum). The Company will shall pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), Interest semi-annually in arrears on February 25 January 15 and August 25 July 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an “Interest Payment Date”). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that, an “Interest Period”). Interest if there is no existing Default in the payment of interest, and if this Note is authenticated after July 15, 2013 and between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be calculated January 15, 2014. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is equal to the interest rate on the Note then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on demand at the Indenturesame rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: TransDigm Group INC

Interest. ArcelorMittalTesoro Petroleum Corporation, a société anonyme organized under Luxembourg law will Delaware corporation (the "Company"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.2509 5/8% per annum annum, from February 28November 6, 2012 2001 until Maturity. Interest will be subject maturity and shall pay the Liquidated Damages payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 May 1 and August 25 November 1 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day(each an "Interest Payment Date"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof original issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will be calculated face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in accordance with Section 3.10 the case of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment original issuance of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalNotes, in which case interest will continue shall accrue from date of authentication; provided, further, that the first Interest Payment Date shall be May 1, 2002. The Company shall pay interest (including postpetition interest in any proceeding under the Bankruptcy Code) on overdue principal and premium, if any, from time to accrue time on demand at the rate borne on the Securities Notes; it shall pay interest (including post-petition interest in any proceeding under the Bankruptcy Code) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate to the extent that there is failure in lawful. Interest will be computed on the subsequent payment to the relevant Holders following such notificationbasis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Tesoro Alaska Co)

Interest. ArcelorMittalAeroflex Incorporated, a société anonyme organized under Luxembourg law will Delaware corporation (the “Company”), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25011.75% per annum from February 28________________, 2012 20__ until Maturity. Interest will be subject maturity and shall pay the Special Interest, if any, payable pursuant to adjustment in accordance with Article III Section 5 of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsSpecial Interest, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 15 and August 25 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as (each, an “Interest Payment Date”). Interest and Special Interest, if they were made any, on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; provided that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and Special Interest, if any, and if this Note is authenticated between a record date referred to on the Securities face hereof and the next succeeding Interest Payment Date, interest and Special Interest, if any, shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will be calculated pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal on demand at a rate that is equal to 1% per annum in excess of the Indenture. Interest will cease to accrue interest rate then in effect on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except Notes to the extent that there is failure lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Special Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the subsequent payment same rate to the relevant Holders following such notificationextent lawful. Interest and Special Interest, if any, will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Aeroflex Inc

Interest. ArcelorMittalFLORIDA PANTHERS HOLDINGS, INC., a société anonyme organized under Luxembourg law will Delaware corporation (the "COMPANY"), promises to pay interest on the principal amount of the US $500,000,000 Securities this Note at 6.25097/8% per annum from February 28April 15, 2012 1999 until Maturity. Interest will be subject maturity and shall pay Liquidated Damages payable pursuant to adjustment in accordance with Article III of the Sixth Supplemental Indenture Registration Rights Agreement referred to below. The Company will pay interest and Additional AmountsLiquidated Damages, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 April 15 and August 25 October 15 of each year (each an Interest Payment Date) commencing on August 25year, 2012, to the Holders of Securities registered as or if any such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities day is not a Business Day in the Place of Payment, we will pay interest or principal, as the case may beDay, on the next Business Day. Payments postponed to the next succeeding Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture(each, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Dayan "INTEREST PAYMENT DATE"). Interest on the Securities Notes will accrue from the Closing Date most recent date to which interest has been paid or, if no interest has already been paid, from the date it was most recently paid (each such periodof issuance; PROVIDED that if there is no existing Default in the payment of interest, an “Interest Period”). Interest and if this Note is authenticated between a record date referred to on the Securities will face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; PROVIDED, FURTHER, that the first Interest Payment Date shall be calculated October 15, 1999. The Company shall pay interest (including post-petition interest in accordance with Section 3.10 any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the Indenturerate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace periods), from time to time on demand at the same rate to the extent lawful. Interest will cease to accrue be computed on the Securities on the due date for their redemption, unless, upon such due date, payment basis of principal is improperly withheld or refused or if default is otherwise made in respect a 360-day year of payment of principal, in which case interest will continue to accrue on the Securities at the rates set forth above, as the case may be, until the earlier of (a) the twelve 30-day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationmonths.

Appears in 1 contract

Samples: Indenture (Wright Bilt Corp)

Interest. ArcelorMittalEach of Digicel Intermediate Holdings Limited, an exempted company with limited liability incorporated under the laws of Bermuda (“Holdings”), Digicel International Finance Limited, an exempted company with limited liability incorporated under the laws of Bermuda (the “Company”), and DIFL US LLC, a société anonyme organized under Luxembourg law will Delaware limited liability company (“DIFL US” and together with Holdings and the Company, the “Issuers”), for value received promises to pay cash interest on the principal amount of the US $500,000,000 Securities this Note from [issue date], 2023, at 6.250a rate of 9.00% per annum, which interest shall accrue at a per annum rate of 9.00% from February 28the Issue Date. In addition to the cash interest payable as provided above, 2012 each of Issuers, jointly and severally, promises to pay interest in kind by increasing the principal amount of the outstanding Notes or by issuing Notes (such notes, “PIK Notes”) (rounded up to the nearest $1.00) (“PIK Interest”), having the same terms and conditions as the Notes (in each case, a “PIK Payment”). PIK Interest on the Notes will accrue at a per annum rate of (i) from the Issue Date until Maturitythe day prior to the first anniversary thereof, 1.50%, (ii) from the first anniversary of the Issue Date until the day prior to the second anniversary thereof, 2.25%, and (iii) from the second anniversary of the Issue Date and thereafter, 3.00%; provided that, at the Issuers’ option, the Issuers may, upon notice of such election no later than 10 Business Days prior to the applicable interest payment record date, pay all interest accruing on the Notes for any interest period in cash; provided, further, that if Newco at any time provides written notice to the Trustee and the Issuers, pursuant to the indenture governing the New Take-Back Notes, that Newco intends to pays cash interest under the New Take-Back Notes during an interest period from and after the second anniversary of the issue date of the New Take-Back Notes, all interest on the Notes for such interest period shall be payable in cash, and the Issuers shall not be permitted to pay PIK Interest for such interest period. Interest will be subject to adjustment in accordance with Article III computed on the basis of the Sixth Supplemental Indenture referred to belowa 360-day year of twelve 30-day months. The Company Issuers will pay interest on overdue principal at the interest rate borne by the Notes compounded semiannually, and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on February 25 and August 25 of each year (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or the maturity date in respect of the Securities is not a Business Day in the Place of Payment, we will they shall pay interest or principal, as the case may be, on the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the Securities other overdue amounts at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the such Securities up to that seventh day, except same rate compounded semiannually to the extent lawful. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth in this Note. The calculation of PIK Interest will be made by the Issuers or on behalf of the Issuers by such Person as the Issuers shall designate, and such calculation and the correctness thereof shall not be a duty or obligation of the Trustee. Following the Issue Date, if any Issuer or any Subsidiary enters into a Credit Facility secured by the Collateral constituting Pari Passu Debt permitted by clause (y) of Section 4.06(b)(i) (any such indebtedness, “Specified Debt”) or enters into any amendment or modification of any Specified Debt, in each case that there is failure results in such Specified Debt having an All-In Yield (the All-In Yield of such Specified Debt, the “Specified Debt All-in Yield”) that is, as of the date of incurrence, 0.50% per annum or more higher than the interest rate of the Notes issued on the Issue Date, then the interest rate of the Notes will be increased to an amount equal to the Specified Debt All-in Yield as of the date immediately following such incurrence, minus 0.50% per annum (the amount of such increase, the “Interest Rate Increase”) as more fully set forth in the subsequent payment to the relevant Holders following such notificationIndenture.

Appears in 1 contract

Samples: Indenture (Transact LTD)

Interest. ArcelorMittal, a société anonyme organized under Luxembourg law will pay The Notes bear interest on at the principal amount of the US $500,000,000 Securities at 6.250% rate per annum shown above from February 28[September 16, 2012 until Maturity. 2013] [date of issuance of any Additional Notes] or from the most recent Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture Payment Date (as amended by Article IV of the Sixth Supplemental Indenture referred defined below) to below)which interest has been paid or provided for, semi-annually payable semiannually in arrears on February 25 March 16 and August 25 September 16 of each year (each such date, an Interest Payment Date) ”), commencing on August 25[March 16, 20122014] [first interest payment date relating to any Additional Notes]. Interest on the Notes shall be computed on the basis of a 360-day year of twelve 30-day months. [In the event that either the exchange offer registered under the Securities Act (the “Exchange Offer”) is not completed or the shelf registration statement (the “Shelf Registration Statement”), to if required by the Holders of Securities registered as such Registration Rights Agreement, dated as of close of business September 16, 2013, among the Company, the Guarantor and the Initial Purchasers (the “Registration Rights Agreement”), is not declared effective by the date that is 270 days after the Issue Date (the “Target Registration Date”), the interest rate on February 10 the Securities will be increased by (A) 0.25% per annum for the first 90-day period immediately following the Target Registration Date and August 10(B) an additional 0.25% per annum with respect to each subsequent 90-day period, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date in each case until Exchange Offer is completed or the maturity date in respect of Shelf Registration Statement, if required by the Securities Registration Rights Agreement, is not a Business Day in declared effective by the Place of Payment, we will pay interest or principalSEC, as the case may be, on or until the next Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default Securities become freely tradable under the Securities or this IndentureAct, up to a maximum of 0.5% per annum of additional interest. In the event the Company receives a request pursuant to Section 2(b)(iii) of the Registration Rights Agreement (a “Shelf Request”), and no interest will accrue on the postponed amount from Shelf Registration Statement required to be filed thereby is not declared effective by the original due later of (x) the date to the next day that is a Business Day. Interest on the Securities will accrue from 150 days after the Closing Date oror (y) 90 days after the delivery of such Shelf Request (such later date, if interest has already been paid, from the date it was most recently paid (each such period, an Shelf Additional Interest PeriodDate”). Interest , then the interest rate on the Securities will be calculated increased by (1) 0.25% per annum for the first 90-days period immediately following the Shelf Additional Interest Date and (2) and additional 0.25% per annum with respect to each subsequent 90-day period, in accordance with Section 3.10 each case until the Shelf Registration Statement is declared effective, up to a maximum of 0.5% per annum of additional interest. If the Indenture. Interest will cease Shelf Registration Statement, if required by the Registration Rights Agreement, has been declared effective and thereafter either ceases to accrue be effective or the Prospectus contained therein ceases to be usable, in each case whether or not permitted by this Agreement, at any time during the Shelf Effectiveness Period (as defined in the Registration Rights Agreement), and such failure to remain effective or usable exists for more than 45 days (whether or not consecutive) in any 3-month period or 90 days (whether or not consecutive) in any 12-month period, then the interest rate on the Securities will be increased by 0.25% per annum (which rate will be increased by an additional 0.25% per annum for each subsequent 90-day period) commencing on the due date for their redemption46th or 91st day, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principalas applicable, in which case such 3-month or 12-month period and ending on such date that the Shelf Registration Statement has again become effective or the Prospectus again becomes usable. For the avoidance of doubt, any increase in the interest will continue rate pursuant to accrue on the Securities at two preceding paragraphs shall not be cumulative. The Holder of this security is entitled to the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect benefits of the such Securities up to that seventh day, except to the extent that there is failure in the subsequent payment to the relevant Holders following such notificationRegistration Rights Agreement.]*

Appears in 1 contract

Samples: Indenture (Embraer S.A.)

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