Common use of Additional Interest Clause in Contracts

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 9 contracts

Samples: Registration Rights Agreement (Nortek Holdings Inc), Registration Rights Agreement (Nortek Inc), Registration Rights Agreement (Gci Inc)

AutoNDA by SimpleDocs

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 7 contracts

Samples: Registration Rights Agreement (Dan River Inc /Ga/), Registration Rights Agreement (Istar Financial Inc), Registration Rights Agreement (Istar Financial Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effecteffect and shall not be duplicative):

Appears in 7 contracts

Samples: Registration Rights Agreement (Navistar Financial Corp), Registration Rights Agreement (Navistar International Corp /De/New), Registration Rights Agreement (Navistar International Corp /De/New)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders of Notes will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 5 contracts

Samples: Registration Rights Agreement (Hermes Europe Railtel B V), Registration Rights Agreement (Global Telesystems Europe B V), Registration Rights Agreement (Hermes Europe Railtel B V)

Additional Interest. (a) The Company and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") ------------------- under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Therma Wave Inc)

Additional Interest. (a) The Company and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):that if:

Appears in 2 contracts

Samples: Registration Rights Agreement (Forbes Energy Services Ltd.), Registration Rights Agreement (Forbes Energy Services Ltd.)

Additional Interest. (a) The Company Company, the Guarantors and the ------------------- Initial Purchasers agree that the Holders will suffer damages if the Company fails and the Guarantors fail to fulfill its their obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees and the Guarantors agree to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") ------------------- under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Cadmus Communications Corp/New), Registration Rights Agreement (Canandaigua B V)

Additional Interest. (a) The Company and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Istar Financial Inc), Registration Rights Agreement (Istar Financial Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional InterestADDITIONAL INTEREST") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Big Flower Holdings Inc/), Registration Rights Agreement (Big Flower Press Holdings Inc /Pred/)

Additional Interest. (a) The Company Company, the Guarantors and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Company fails and the Guarantors fail to fulfill its their obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees and the Guarantors agree to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Doe Run Resources Corp), Registration Rights Agreement (SCV Epi Vineyards Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional cash interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Nn Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effectwithout duplication):

Appears in 1 contract

Samples: Registration Rights Agreement (Globalsantafe Corp)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill certain of its obligations under Section 2 hereof or Section 3 hereof otherwise permits certain circumstances to exist and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, pay additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect; each a "Registration Default"):

Appears in 1 contract

Samples: Registration Rights Agreement (RCN Corp /De/)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, jointly and severally, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Omnova Solutions Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):the

Appears in 1 contract

Samples: Registration Rights Agreement (FWT Inc)

Additional Interest. (a) The Company Issuers and the Initial Purchasers agree that the Holders will suffer financial damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such financial damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):that if:

Appears in 1 contract

Samples: Registration Rights Agreement (Transmontaigne Inc)

Additional Interest. (a) The Company and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Gci Inc)

Additional Interest. (a) )...... The Company and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Icn Pharmaceuticals Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders of Notes will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof (including by virtue of its exercise of its rights under Section 3(d) hereof) and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") ------------------- under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Tci Satellite Entertainment Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on (the Notes ("Additional Interest") in respect of the Notes under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Idt Corp)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof hereof, and that it would is not be feasible to ascertain the extent of such damages with precisiondamages. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under shall become payable in respect of the circumstances Securities and to the extent set forth below New Securities affected thereby, not as a penalty but as liquidated damages, if any of the following events occurs (each of which shall be given independent effectsuch event described in clauses (i) through (iii) below, a "Registration Default"):

Appears in 1 contract

Samples: Kellogg Co

Additional Interest. (a) The Company and Holdings and the Initial Purchasers agree that the Holders will suffer damages if the Company fails or Holdings fail to fulfill its their respective obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Del Monte Foods Co)

Additional Interest. (a) The Company Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof as applicable and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):that if:

Appears in 1 contract

Samples: Registration Rights Agreement (Us Oncology Inc)

AutoNDA by SimpleDocs

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, pay as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Exide Technologies)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders of Notes will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each such event referred to in clauses (i) through (iii) below, a "Registration Default" and each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Heartland Wireless Communications Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders of Notes will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof (including by virtue of its exercise of its rights under Section 3(d) hereof) and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional ---------- Interest") under the circumstances and to the extent set forth below (each of -------- which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Tci Satellite Entertainment Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its their obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):that if:

Appears in 1 contract

Samples: Registration Rights Agreement (NTK Holdings, Inc.)

Additional Interest. (a) The Company Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):that if

Appears in 1 contract

Samples: Registration Rights Agreement (Ipsco Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill certain of its obligations under Section 2 hereof or Section 3 hereof otherwise permits certain circumstances to exist and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, pay additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect; each a “Registration Default”):

Appears in 1 contract

Samples: Registration Rights Agreement

Additional Interest. (a) The Company Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):that if:

Appears in 1 contract

Samples: Registration Rights Agreement (Euramax International PLC)

Additional Interest. (a) The Company and the Initial Purchasers Xxxxx agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional InterestADDITIONAL INTEREST") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Marathon Power Technologies Co)

Additional Interest. (a) The Company and the Initial Purchasers Purchaser agree that the Holders of Registrable Debentures will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damagesdamages and as the sole and exclusive remedy therefor, additional interest on the Notes Debentures ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):below:

Appears in 1 contract

Samples: Exchange and Registration Rights Agreement (Comforce Corp)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders of Convertible Notes will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes Registrable Securities ("Additional Interest") under as follows if any of the circumstances and to the extent set forth below following events occur (each of which shall be given independent effectsuch event in clauses (i) through (iii) below, a "Registration Default"):

Appears in 1 contract

Samples: Registration Rights Agreement (American Tower Corp /Ma/)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders of Notes will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effecteffect and shall not be duplicative):

Appears in 1 contract

Samples: Exchange and Registration Rights Agreement (Axia Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, pay as liquidated damages, additional interest on the Notes ("Additional InterestADDITIONAL INTEREST") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Metals Usa Inc)

Additional Interest. (a) The Company and the Initial Purchasers Holders agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional cash interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Nn Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on the Notes ("Additional Interest") under the circumstances and to the extent set forth below (each of which shall be given independent effect):that if:

Appears in 1 contract

Samples: Registration Rights Agreement (Cpi Holdco Inc)

Additional Interest. (a) The Company and the Initial Purchasers agree that the Holders will suffer damages if the Company fails and the Subsidiary Guarantors fail to fulfill its their obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional interest on (the Notes ("Additional Interest") in respect of the Notes under the circumstances and to the extent set forth below (each of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Sitel Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.