Common use of Additional Interest in Lieu of Reporting Default Clause in Contracts

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons and on the same dates as regular interest on the Notes. On the 181st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but the Company does not pay such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 2 contracts

Samples: HCI Group, Inc., HCI Group, Inc.

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Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90365-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day on which such an Event of Default during which first occurs to, but excluding, the 365th day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e), subject to the penultimate paragraph of this Section 6.03. If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but neither the Company does not pay nor the Guarantor, if applicable, pays such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)pursuant to this Section 6.03 or Section 4.06, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 2 contracts

Samples: Encore Capital Group Inc, Encore Capital Group Inc

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding Outstanding for each day during the 90-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day following the date on which such an Event of Default during which first occurs to, and including, the 91st day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 91st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 91st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but the Company does not pay such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 90 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 18090-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)Interest, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 2 contracts

Samples: Indenture (Pacira BioSciences, Inc.), Indenture (Pacira BioSciences, Inc.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90365-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day on which such an Event of Default during which first occurs to, but excluding, the 365th day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but neither the Company does not pay nor the Guarantor, if applicable, pays such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)Interest, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Encore Capital Group Inc)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90365-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day on which such an Event of Default during which first occurs to, but excluding, the 365th day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but the Company Company, if applicable, does not pay such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)Interest, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Portfolio Recovery Associates Inc

Additional Interest in Lieu of Reporting Default. Notwithstanding anything to the contrary in this Indenture or in the Notes to the contraryNotes, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b601(a) shall (the “Reporting Obligations”) shall, for the first three hundred and sixty five (365) calendar days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (i) one quarter of one percent (0.25% %) per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, first one hundred and including, eighty (180) calendar days after the occurrence of such an Event of Default during which such Event and (ii) one half of Default is continuing, and at a rate equal to one percent (0.50% %) per annum of the principal amount of the Notes outstanding for each from, and including, the one hundred and eighty first (181st) calendar day from through, and including, the 91st three hundred and sixty fifth (365th) calendar day until following the 180th day occurrence of such Event of Default, during which such Event of Default is continuing (orcontinuing. Such Additional Interest, if earlierany, shall accrue from, and including, the date on which such an Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)first occurs. If the Company duly so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st three hundred and sixty sixth (366th) calendar day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) the Reporting Obligations is not cured or waived prior to such 181st three hundred and sixty sixth (366th) calendar day), the Notes will be subject to acceleration as provided in Section 6.02402. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 414 or the Company elects to pay make such Additional Interest payment but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02402. For the avoidance of doubt, any Additional Interest that accrues on a Note will be in addition to the stated interest that accrues on such Note and, except as provided in the next sentence, in addition to any Special Interest that accrues on such Note pursuant to Section 911. In no event will Additional Interest, together with any Special Interest, accrue at a combined rate that exceeds one half of one percent (0.50%) per annum, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest or Special Interest. In order to elect to pay Additional Interest as the sole remedy during the first 180 three hundred and sixty five (365) calendar days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day three hundred and sixty five (365)-day period. Upon the failure to timely give such written notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02402. Notwithstanding anything to the contrary in this Indenture or the Notes, this Section 414 shall not affect the rights of Holders in the event of the occurrence of any Event of Default other than an Event of Default relating to the Company’s failure to comply with the Reporting Obligations. In no event shall addition, if Additional Interest accrue under accrues on any Note, then, no later than five (5) Business Days before each date on which such Additional Interest is to be paid, the terms Company will deliver an Officer’s Certificate to the Trustee and the Paying Agent stating (i) that the Company is obligated to pay Additional Interest on such Note on such date of this Indenture payment; and (aggregating ii) the amount of such Additional Interest that is payable on such date of payment. The Trustee will have no duty to determine whether any Additional Interest is payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interestthereof.

Appears in 1 contract

Samples: Indenture (Renewable Energy Group, Inc.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall shall, for the first 365 days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, following the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects elected to pay make such payment of Additional Interest in accordance with this Section 6.03 but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)Interest, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Shutterfly Inc)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this the Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to (i) the Company’s failure to file with the Trustee pursuant to Section 314(a)(1) of the TIA any documents or reports that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act or (ii) the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.05(a) shall shall, for the first 360 days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-90 day period after the occurrence of such Event of Default and 0.50% per annum of the principal amount of the Notes outstanding beginning on, on and including, including the 91st day following the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 361st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.05(a) is not cured or waived prior to such 181st 361st day), the Notes will be subject to acceleration as provided in Section 6.025.03. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 5.04 or the Company elects elected to pay make such payment of Additional Interest in accordance with this Section 5.04 but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.025.03. In order to elect to pay Additional Interest as the sole remedy during the first 180 360 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180360-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.025.03. In no event shall Additional Interest accrue under payable at the terms of this Indenture (aggregating any Additional Interest payable Company’s election for failure to comply with its reporting obligations pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) 5.04 accrue at a rate per year in excess of 0.50%% per annum, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: First Supplemental Indenture (Opko Health, Inc.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything to the contrary in this the Indenture or in the Notes to the contraryNotes, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.04(a) shall or its obligation set forth in Section 314(a)(1) of the Trust Indenture Act (such obligations, collectively, “Reporting Obligations”) shall, for the first 180 calendar days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (i) 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, first 90 calendar days after the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to (ii) 0.50% per annum of the principal amount of the Notes outstanding for each day from from, and including, the 91st calendar day until through, and including, the 180th calendar day following the occurrence of such Event of Default, during which such Event of Default is continuing (orcontinuing. Such Additional Interest, if earlierany, shall accrue from, and including, the date on which such an Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)first occurs. If the Company duly so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st calendar day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) the Reporting Obligations is not cured or waived prior to such 181st calendar day), the Notes will be subject to acceleration as provided in Section 6.026.02 (and, for the avoidance of doubt, Additional Interest will cease to accrue). In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects to pay make such Additional Interest payment but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 calendar days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under Notwithstanding anything to the terms of this contrary in the Indenture (aggregating any Additional Interest payable pursuant to or the Notes, this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year shall not affect the rights of Holders in excess of 0.50%, regardless the event of the number occurrence of events or circumstances giving rise any Event of Default other than an Event of Default relating to the requirement Company’s failure to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or comply with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional InterestReporting Obligations.

Appears in 1 contract

Samples: Apollo Commercial Real Estate Finance, Inc.

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90365-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day on which such an Event of Default during which first occurs to, but excluding, the 365th day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e), subject to the penultimate paragraph of this Section 6.03. If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but the Company does not pay such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)pursuant to this Section 6.03 or Section 4.06, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Encore Capital Group Inc

Additional Interest in Lieu of Reporting Default. Notwithstanding anything to the contrary in this the Indenture or in the Notes to the contraryNotes, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.04(a) shall or its obligation set forth in Section 314(a)(1) of the Trust Indenture Act (such obligations, collectively, “Reporting Obligations”) shall, for the first 365 calendar days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (i) 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, first 180 calendar days after the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to (ii) 0.50% per annum of the principal amount of the Notes outstanding for each from, and including, the 181st calendar day from through, and including, the 91st 365th calendar day until following the 180th day occurrence of such Event of Default, during which such Event of Default is continuing (orcontinuing. Such Additional Interest, if earlierany, shall accrue from, and including, the date on which such an Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)first occurs. If the Company duly so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 365th calendar day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) the Reporting Obligations is not cured or waived prior to such 181st 365th calendar day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects to pay make such Additional Interest payment but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 calendar days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such written notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under Notwithstanding anything to the terms of this contrary in the Indenture (aggregating any Additional Interest payable pursuant to or the Notes, this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year shall not affect the rights of Holders in excess of 0.50%, regardless the event of the number occurrence of events or circumstances giving rise any Event of Default other than an Event of Default relating to the requirement Company’s failure to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or comply with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional InterestReporting Obligations.

Appears in 1 contract

Samples: Indenture (Renewable Energy Group, Inc.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.06(a) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (i) 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, first 180 days after the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to (ii) 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st 181st day until the 180th 270th day following the occurrence of such Event of Default, during which such Event of Default is continuing (orbeginning on, if earlierand including, the date on which such an Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)first occurs. If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 271st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.06(a) is not cured or waived prior to such 181st 271st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects elected to pay make such Additional Interest payment but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 270 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Resource Capital Corp.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section ‎Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section ‎Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section ‎Section 4.06(d) or Section ‎Section 4.06(e), subject to the second immediately succeeding paragraph. If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons and on the same dates as regular interest on the Notes. On the 181st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section ‎Section 4.06(b) is not cured or waived prior to such 181st day), the Notes will be subject to acceleration as provided in Section ‎Section 6.02. The provisions of this paragraph will not affect the rights of Holders of Notes in the event of the occurrence of any Event of Default other than the Company’s failure to comply with its obligations as set forth in ‎‎‎Section 4.06(b). In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section ‎Section 6.03, or the Company elects to pay such Additional Interest but the Company does not pay such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section ‎Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section ‎Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section ‎Section 6.03 with any Additional Interest payable pursuant to Section ‎Section 4.06(d) or Section ‎Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional InterestInterest (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate delivered to it pursuant to Section 4.06(i).

Appears in 1 contract

Samples: Indenture (HCI Group, Inc.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (i) 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, first 180 days after the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to (ii) 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st 181st day until the 180th 270th day following the occurrence of such Event of Default, during which such Event of Default is continuing (orbeginning on, if earlierand including, the date on which such an Event of Default is cured or waived as provided for in this Indenture)first occurs. Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 271st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 271st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects elected to pay make such Additional Interest payment but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 270 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Netsuite Inc)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.05(a) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (i) 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, first 180 days after the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to (ii) 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st 181st day until the 180th 270th day following the occurrence of such Event of Default, during which such Event of Default is continuing (orbeginning on, if earlierand including, the date on which such an Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)first occurs. If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 271st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.05(a) is not cured or waived prior to such 181st 271st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects elected to pay make such Additional Interest payment but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 270 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the NotesHolders, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall If Additional Interest accrue under is payable on the terms of this Indenture (aggregating any Notes, the Company will provide an Officer’s Certificate to the Trustee and to the Paying Agent prior to the time such Additional Interest is payable pursuant to this Section 6.03 with any setting forth the amount of such Additional Interest payable pursuant to Section 4.06(d) in reasonable detail. Neither the Trustee nor the Paying Agent shall have any responsibility or Section 4.06(e)) at a rate per year in excess of 0.50%liability for the determination, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent verification or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of any Additional Interest.

Appears in 1 contract

Samples: Indenture (Resource Capital Corp.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90365-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day following the date on which such an Event of Default during which first occurs to, and including, the 366th day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but the Company does not pay such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)Interest, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Encore Capital Group Inc)

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Additional Interest in Lieu of Reporting Default. Notwithstanding anything to the contrary in this the Indenture or in the Notes to the contraryNotes, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.04(a) shall or its obligation set forth in Section 314(a)(1) of the Trust Indenture Act (such obligations, collectively, “Reporting Obligations”) shall, for the first 180 calendar days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (i) 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, first 90 calendar days after the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to (ii) 0.50% per annum of the principal amount of the Notes outstanding for each day from from, and including, the 91st calendar day until through, and including, the 180th calendar day following the occurrence of such Event of Default, during which such Event of Default is continuing (orcontinuing. Such Additional Interest, if earlierany, shall accrue from, and including, the date on which such an Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)first occurs. If the Company duly so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st calendar day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) the Reporting Obligations is not cured or waived prior to such 181st calendar day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects to pay make such Additional Interest payment but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 calendar days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under Notwithstanding anything to the terms of this contrary in the Indenture (aggregating any Additional Interest payable pursuant to or the Notes, this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year shall not affect the rights of Holders in excess of 0.50%, regardless the event of the number occurrence of events or circumstances giving rise any Event of Default other than an Event of Default relating to the requirement Company’s failure to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or comply with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional InterestReporting Obligations.

Appears in 1 contract

Samples: First Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b1.01(b) shall shall, for the first 360 days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-180 day period after the occurrence of such Event of Default and 0.50% per annum of the principal amount of the Notes outstanding beginning on, on and including, including the 181st day following the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d(d) or Section 4.06(e(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 361st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b1.01(b) is not cured or waived prior to such 181st 361st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects elected to pay make such payment of Additional Interest in accordance with this Section 6.03 but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 360 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election in writing prior to the beginning of such 180360-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under payable at the terms of this Indenture (aggregating any Additional Interest payable pursuant Company’s election for failure to this comply with its obligations as set forth in Section 6.03 4.06(b), together with any Additional Interest payable that may accrue pursuant to Section 4.06(d) as a result of the Company’s failure to timely file any document or report that the Company is required to file with the Commission pursuant to Section 4.06(e13 or 15(d) of the Exchange Act, as applicable (after giving effect to all applicable grace periods thereunder and other than reports on Form 8-K)) , accrue at a rate per year in excess of 0.50%% per annum pursuant to this Indenture, regardless of the number of the events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (INFINERA Corp)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall shall, for the first 270 days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-90 day period after the occurrence of such Event of Default and 0.50% per annum of the principal amount of the Notes outstanding beginning on, on and including, including the 91st day following the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 271st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 271st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects elected to pay make such payment of Additional Interest in accordance with this Section 6.03 but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 270 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180270-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Infinera Corp)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this the Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.06(a) shall will, after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90365-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day on which such an Event of Default during which first occurs to, but excluding, the 365th day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this the Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall will be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b4.06(a) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.025.2 of the Base Indenture. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.035.03, or the Company elects to pay such Additional Interest but neither the Company does not pay nor the Guarantor, if applicable, pays such Additional Interest when due, the Notes shall will be immediately subject to acceleration as provided in Section 6.025.2 of the Base Indenture. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall will be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless 5.2 of the number of events or circumstances giving rise to the requirement to pay such Additional InterestBase Indenture. The Trustee shall will not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)pursuant to this Section 5.03 or Section 4.06, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: First Supplemental Indenture (Encore Capital Group Inc)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day following the date on which such an Event of Default during which first occurs to, and including, the 91st day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 91st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 91st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but the Company does not pay such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 90 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 18090-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)Interest, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Pacira Pharmaceuticals, Inc.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (i) 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-day period beginning on, and including, first 90 days after the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to (ii) 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day following the occurrence of such Event of Default, during which such Event of Default is continuing (orbeginning on, if earlierand including, the date on which such an Event of Default is cured or waived as provided for in this Indenture)first occurs. Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e); provided that in no event shall Additional Interest payable pursuant to this Section 6.03, together with any Additional Interest that may be payable pursuant to Section 4.06(d) accrue at a rate in excess of 0.50% per annum of the principal amount of Notes regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects elected to pay make such Additional Interest payment but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to on or before the beginning of such 180-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Global Eagle Entertainment Inc.)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall shall, for the first 360 days after the occurrence of such an Event of Default Default, consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to (1) 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90-180 day period after the occurrence of such Event of Default and (2) 0.50% per annum of the principal amount of the Notes outstanding beginning on, on and including, including the 181st day following the occurrence of such an Event of Default during which such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 361st day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 361st day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, 6.03 or the Company elects elected to pay make such payment of Additional Interest in accordance with this Section 6.03 but the Company does not pay such the Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 360 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election in writing prior to the beginning of such 180360-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under payable at the terms of this Indenture (aggregating any Additional Interest payable pursuant Company’s election for failure to this comply with its obligations as set forth in Section 6.03 4.06(b), together with any Additional Interest payable that may accrue pursuant to Section 4.06(d) as a result of the Company’s failure to timely file any document or report that the Company is required to file with the Commission pursuant to Section 4.06(e13 or 15(d) of the Exchange Act, as applicable (after giving effect to all applicable grace periods thereunder and other than reports on Form 8-K)) , accrue at a rate per year in excess of 0.50%% per annum pursuant to this Indenture, regardless of the number of the events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable), or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Infinera Corp)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90365-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day on which such an Event of Default during which first occurs to, but excluding, the 365th day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but neither the Company does not pay nor the Guarantor, if applicable, pays such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)pursuant to this Section 6.03 or Section 4.06, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Encore Capital Group Inc)

Additional Interest in Lieu of Reporting Default. Notwithstanding anything in this Indenture or in the Notes to the contrary, to the extent the Company elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) shall after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Notes at a rate equal to 0.25% per annum of the principal amount of the Notes outstanding for each day during the 90365-day period on which such Event of Default is continuing beginning on, and including, the occurrence of calendar day on which such an Event of Default during which first occurs to, but excluding, the 365th day following such Event of Default is continuing, and at a rate equal to 0.50% per annum of the principal amount of the Notes outstanding for each day from the 91st day until the 180th day during which such Event of Default is continuing (or, if earlier, the date on which such Event of Default is cured or waived as provided for in this Indenture). Additional Interest payable pursuant to this Section 6.03 shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e). If the Company so elects, such Additional Interest shall be payable in the same manner, to the same Persons manner and on the same dates as regular interest on the Notes. On the 181st 366th day after such Event of Default (if the Event of Default relating to the Company’s failure to comply with its obligations as set forth in Section 4.06(b) is not cured or waived prior to such 181st 366th day), the Notes will be subject to acceleration as provided in Section 6.02. In the event the Company does not elect to pay Additional Interest following an Event of Default in accordance with this Section 6.03, or the Company elects to pay such Additional Interest but the Company Company, if applicable, does not pay such Additional Interest when due, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In order to elect to pay Additional Interest as the sole remedy during the first 180 365 days after the occurrence of any Event of Default described in the immediately preceding paragraph, the Company must notify in writing all Holders of the Notes, the Trustee and the Paying Agent of such election prior to the beginning of such 180365-day period. Upon the failure to timely give such notice, the Notes shall be immediately subject to acceleration as provided in Section 6.02. In no event shall Additional Interest accrue under the terms of this Indenture (aggregating any Additional Interest payable pursuant to this Section 6.03 with any Additional Interest payable pursuant to Section 4.06(d) or Section 4.06(e)) at a rate per year in excess of 0.50%% per annum, regardless of the number of events or circumstances giving rise to the requirement to pay such Additional Interest. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine Additional Interest (including if such interest is due and payable)Interest, or with respect to the nature, extent or calculation of the amount of Additional Interest owed, or with respect to the method employed in such calculation of Additional Interest.

Appears in 1 contract

Samples: Indenture (Pra Group Inc)

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