Common use of Additional Interest Clause in Contracts

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):

Appears in 18 contracts

Samples: Registration Rights Agreement (Targa Resources Partners LP), Registration Rights Agreement (Targa Resources Partners LP), Registration Rights Agreement (Targa Resources Partners LP)

AutoNDA by SimpleDocs

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 17 contracts

Samples: Registration Rights Agreement (Omega Healthcare Investors Inc), Registration Rights Agreement (Omega Healthcare Investors Inc), Registration Rights Agreement (Omega Healthcare Investors Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 14 contracts

Samples: Registration Rights Agreement (Johnstone Tank Trucking Ltd.), Registration Rights Agreement (Johnstone Tank Trucking Ltd.), Registration Rights Agreement (Massey Energy Co)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 12 contracts

Samples: Registration Rights Agreement (Lennar Corp /New/), Registration Rights Agreement (Asap Software Express Inc), Registration Rights Agreement (Lennar Corp /New/)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 11 contracts

Samples: Registration Rights Agreement (Flextronics International LTD), Registration Rights Agreement (Gaylord Container Corp /De/), Registration Rights Agreement (Gaylord Container Corp /De/)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 10 contracts

Samples: Registration Rights Agreement (Huntsman Advanced Materials (UK) LTD), Registration Rights Agreement (Anchor Glass Container Corp /New), Registration Rights Agreement (Omega Healthcare Investors Inc)

Additional Interest. (a) The Issuers Notes Issuer and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail Notes Issuer fails to fulfill their respective 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 Issuers agree Notes Issuer agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 8 contracts

Samples: Registration Rights Agreement (Intelsat S.A.), Registration Rights Agreement (Intelsat S.A.), Registration Rights Agreement (Intelsat S.A.)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 7 contracts

Samples: Registration Rights Agreement (Railworks Corp), Registration Rights Agreement (Fleming Companies Inc /Ok/), Registration Rights Agreement (Roma Fort Worth Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers Issuers, jointly and severally, agree to pay, as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect and shall not be duplicative except as otherwise provided below):

Appears in 6 contracts

Samples: Registration Rights Agreement (Tekni Plex Inc), Registration Rights Agreement (Tekni Plex Inc), Registration Rights Agreement (Triton PCS Inc)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 6 contracts

Samples: Registration Rights Agreement (New Skies Satellites Holdings Ltd.), Registration Rights Agreement (New Skies Satellites Holdings Ltd.), Registration Rights Agreement (Warner Music Group Corp.)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”"ADDITIONAL INTEREST") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 4 contracts

Samples: Registration Rights Agreement (PanAmSat Holding CORP), Registration Rights Agreement (Intelsat LTD), Registration Rights Agreement (Intelsat LTD)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”"ADDITIONAL INTEREST") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 4 contracts

Samples: Registration Rights Agreement (Transdigm Holding Co), Registration Rights Agreement (Symons Corp), Registration Rights Agreement (General Automation Inc/Il)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail fails to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 4 contracts

Samples: Registration Rights Agreement (Norcraft Holdings, L.P.), Registration Rights Agreement (William Lyon Homes), Registration Rights Agreement (William Lyon Homes)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 4 contracts

Samples: Registration Rights Agreement (Trump Indiana Inc), Registration Rights Agreement (Trump Indiana Inc), Registration Rights Agreement (Coinmach Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail fails to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 4 contracts

Samples: Registration Rights Agreement (Norcraft Holdings, L.P.), Registration Rights Agreement (Norcraft Capital Corp.), Registration Rights Agreement (Norcraft Companies Lp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):

Appears in 4 contracts

Samples: Registration Rights Agreement (Targa Resources Partners LP), Registration Rights Agreement (Targa Resources Partners LP), Registration Rights Agreement (Targa Resources, Inc.)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given indepen­dent effect):

Appears in 4 contracts

Samples: Registration Rights Agreement (Omega Healthcare Investors Inc), Registration Rights Agreement (Omega Healthcare Investors Inc), Registration Rights Agreement (Omega Healthcare Investors Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 3 contracts

Samples: Registration Rights Agreement (CNH International SA), Registration Rights Agreement (CNH Belgium N.V.), Registration Rights Agreement (3019693 Nova Scotia U.L.C.)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree Company agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 3 contracts

Samples: Registration Rights Agreement (Magnum Hunter Resources Inc), Registration Rights Agreement (Magnum Hunter Resources Inc), Registration Rights Agreement (Safety Components Fabric Technologies Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill their respective obligations under Section 2 or Section 3 hereof hereto and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 3 contracts

Samples: Registration Rights Agreement (Restaurant Co of Minnesota), Registration Rights Agreement (Cogent Management Inc), Registration Rights Agreement (Aas Capital Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 3 contracts

Samples: Registration Rights Agreement (Alere Inc.), Registration Rights Agreement (Alere Inc.), Registration Rights Agreement (Alere Inc.)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplication):

Appears in 3 contracts

Samples: Registration Rights Agreement (Aerojet Ordnance Tennessee Inc), Registration Rights Agreement (Town Sports International Inc), Registration Rights Agreement (Mobile Mini Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill their respective obligations under Section 2 or Section 3 hereof and that it would not be feasible possible to ascertain the extent of such damages with precision. Accordingly, the Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 2 contracts

Samples: Registration Rights Agreement (Seitel Inc), Registration Rights Agreement (Seitel Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Intelsat CORP), Registration Rights Agreement (Intelsat LTD)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect and shall not be duplicative):

Appears in 2 contracts

Samples: Registration Rights Agreement (United Auto Group Inc), Registration Rights Agreement (United Auto Group Inc)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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, in the Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):event that:

Appears in 2 contracts

Samples: Registration Rights Agreement (Healthsouth Corp), Registration Rights Agreement (Healthsouth Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, pay additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Heritage Property Investment Trust Inc), Registration Rights Agreement (Heritage Property Investment Limited Partnership)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplication):below:

Appears in 2 contracts

Samples: Registration Rights Agreement (LNR Property Corp), Registration Rights Agreement (LNR Property Corp)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):below:

Appears in 2 contracts

Samples: Registration Rights Agreement (LNR Property Corp), Registration Rights Agreement (LNR Property Corp)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, pay as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Kronos International Inc), Registration Rights Agreement (Kronos International Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree agree, to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”"ADDITIONAL INTEREST") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Vertis Inc), Registration Rights Agreement (Big Flower Digital Services Delaware Inc)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective its obligations under Section SECTION 2 or Section SECTION 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, in the Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):event that:

Appears in 2 contracts

Samples: Registration Rights Agreement (Healthsouth Corp), Registration Rights Agreement (Healthsouth Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):

Appears in 2 contracts

Samples: Registration Rights Agreement (Mobile Mini Inc), Registration Rights Agreement (Mobile Mini Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to paythat, as liquidated damages, additional the interest rate on the Registrable Securities Notes will increase (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Total Gas & Electricity (PA) Inc), Registration Rights Agreement (Us Lec Corp)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):below:

Appears in 2 contracts

Samples: Registration Rights Agreement (LNR Property Corp), Registration Rights Agreement (LNR Property Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”"ADDITIONAL INTEREST") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 2 contracts

Samples: Registration Rights Agreement (Commemorative Brands Inc), Registration Rights Agreement (Anchor Glass Container Corp /New)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):with

Appears in 2 contracts

Samples: Registration Rights Agreement (Hli Operating Co Inc), Registration Rights Agreement (Tultex Corp)

Additional Interest. (a) The Issuers Each Issuer and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail any Issuer fails to fulfill their respective 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplication):below:

Appears in 2 contracts

Samples: Registration Rights Agreement (Tokheim Corp), Registration Rights Agreement (Tokheim Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers and the Dealer Managers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):

Appears in 1 contract

Samples: Registration Rights Agreement (Targa Resources Partners LP)

Additional Interest. (ad) The Issuers and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):

Appears in 1 contract

Samples: Registration Rights Agreement (Targa Resources, Inc.)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") ------------------- under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Everest One Ipa Inc)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplication):below:

Appears in 1 contract

Samples: Registration Rights Agreement (LNR Property Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (BWAY Holding CO)

Additional Interest. (a) The Issuers and the Initial Purchasers Dealer Manager agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):

Appears in 1 contract

Samples: Registration Rights Agreement (Targa Resources Partners LP)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail fails to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 1 contract

Samples: Registration Rights Agreement (Inverness Medical Innovations Inc)

AutoNDA by SimpleDocs

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (THCR Management Services LLC)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to payagree, as liquidated damagesjointly and severally, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 1 contract

Samples: Registration Rights Agreement (Amerco /Nv/)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Intelsat LTD)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, pay as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Nl Industries Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders of the Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree Company agrees to pay, as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (America Bank Note Holographics Inc)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective its obligations under Section 2 or Section 3 hereof hereto and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Issuers agree Issuer agrees to pay, as liquidated damages, in accordance with Section 4(b) below, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Advanced Accessory Holdings Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):each of which shall be given independent effect) as a reasonable estimate of such damages and the sole remedy of the Holders with respect thereto:

Appears in 1 contract

Samples: Registration Rights Agreement (Intcomex Holdings, LLC)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill their respective obligations under Section 2 or Section 3 hereof hereto and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (PAS, Inc.)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree Company agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):"Additional

Appears in 1 contract

Samples: Registration Rights Agreement (Sickinger Co)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree Company agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Atc Group Services Inc /De/)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree agree, to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”) under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Vertis Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”"ADDITIONAL INTEREST") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Emergency Medical Services CORP)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders of Registrable Securities will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities ("Additional Interest") under the circumstances and to the extent set ------------------- forth below (without duplicationeach of which shall be given independent effect and shall not be duplicative):

Appears in 1 contract

Samples: Registration Rights Agreement (Kilovac International Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree Company agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set ------------------- forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (RSC Duval Inc)

Additional Interest. (a) A. The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):that if:

Appears in 1 contract

Samples: Registration Rights Agreement (CNH International SA)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Erico Products Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Graham Packaging Holdings Co)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damagesdamages and not as a penalty, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Philipp Brothers Chemicals Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Marathon Power Technologies Co)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree agree, jointly and severally, to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Abraxas Petroleum Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”) under the circumstances and to the extent set forth below (without duplication):

Appears in 1 contract

Samples: Registration Rights Agreement (3003969 Nova Scotia LTD)

Additional Interest. (a) The Issuers Issuer and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail Issuer fails to fulfill their respective 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 Issuers agree Issuer agrees to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Bway Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, pay additional interest on the Registrable Securities Notes (“Additional Interest”"ADDITIONAL INTEREST") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Heritage Property Investment Limited Partnership)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, jointly and severally, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”"ADDITIONAL INTEREST") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Inn of the Mountain Gods Resorts & Casino)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") ------------------- under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (PSS Holding Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill their respective obligations under Section 2 or Section 3 4 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes (“Additional Interest”"ADDITIONAL INTEREST") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Hanger Orthopedic Group Inc)

Additional Interest. (a) The Issuers and the Initial Purchasers Purchaser agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree to pay, as liquidated damages, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Railworks Corp)

Additional Interest. (a) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill 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 Issuers agree that if the Issuers are required to pay, as liquidated damages, additional interest on the Registrable Securities (“Additional Interest”consummate an Exchange Offer pursuant to Section 2(a) under the circumstances hereof and to the extent set forth below (without duplication):either:

Appears in 1 contract

Samples: Registration Rights Agreement (Dresser-Rand Group Inc.)

Additional Interest. (a1) The Issuers and the Initial Purchasers agree that the Holders will suffer damages if the Issuers fail to fulfill their respective obligations under Section 2 Section_2 or Section 3 Section_3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Issuers agree Company agrees to pay, as liquidated damages, without duplication, additional interest on the Registrable Securities Notes ("Additional Interest") under the circumstances and to the extent set forth 20 S-1 below (without duplicationeach of which shall be given independent effect):

Appears in 1 contract

Samples: Registration Rights Agreement (Eye Care Centers of America Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!