Common use of Concerning Interest Clause in Contracts

Concerning Interest. 2.11.1 Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures, all Debentures issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures which are interest bearing, shall bear interest (i) from and including their respective issue date, or (ii) from and including the last Interest Payment Date in respect of which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such Debentures, in all cases, to but excluding the next Interest Payment Date. All interest shall accrue from day to day and shall be payable in arrears for the actual number of days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually in arrears on each Interest Payment Date. Interest on all Debentures issued hereunder shall cease to accrue on payment in full of all amounts owing thereunder on, but not including, the maturity date of such Debentures, Redemption Date or Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after any default and judgment, with overdue interest at the same rate, payable on each subsequent Interest Payment Date.

Concerning Interest. 2.11.1 Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction (a) All Notes of the Corporation in respect of a each series of Debentures, all Debentures issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures which are interest bearingNotes (including for certainty Notes issued under Sections 2.9 and 2.10), shall bear interest interest: (i) from and including their respective issue date, or (ii) from and including the last Interest Payment Date in respect of which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such Debenturesoutstanding Notes, whichever shall be the later, in all cases, to but and excluding the next Interest Payment DateDate therefor. All interest shall accrue from day to day and shall be payable in arrears for the actual number of days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually in arrears on each Interest Payment Date. (b) Interest on all Debentures issued hereunder shall a Note of any series will cease to accrue on payment in full from the Maturity of all amounts owing thereunder on, but not such Note (including, for certainty, if such Note was called for redemption, the maturity date Redemption Date); unless upon due presentation and surrender of such DebenturesNote for payment on or after the Maturity thereof, Redemption Date or Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after (c) If the date for payment of any default and judgmentamount of principal, with overdue premium or interest in respect of a Note of any series is not a Business Day at the same rateplace of payment, then payment thereof will be made on the next Business Day and the Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day. (d) The Holder of any Note of any series at the close of business on any Record Date applicable to a particular series with respect to any Interest Payment Date for such series shall be entitled to receive the interest, if any, payable on each such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Issuer Defaults in the payment of the interest due on such Interest Payment Date for such series, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail or email by or on behalf of the Issuer to the Holders of all affected Notes not less than 15 days preceding such subsequent Record Date. The term “Record Date” as used with respect to any Interest Payment Date (except a date for payment of defaulted interest) for the Notes of any series shall mean the date specified as such in the terms of the Notes of such series established as contemplated by Section 2.2, in respect of the Series A Second Lien Notes shall have the meaning specified in Section 3.1 and in respect of the Series B Second Lien Notes shall have the meaning specified in Section 4.1.

Concerning Interest. 2.11.1 (a) Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction and subject to Section 2.1(c) with respect to the calculation of the Corporation interest in respect of a series of the initial interest payment to be paid on the Debentures, all Debentures issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures which are interest bearing, shall bear interest (i) from and including their respective issue date, or (ii) from and including the last Interest Payment Date in respect of which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such the outstanding Debentures, whichever shall be the later, in all cases, to but and excluding the next Interest Payment Date. All interest shall accrue from day to day and shall be payable in arrears for the actual number of days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually monthly in arrears on each Interest Payment Datearrears. Interest on all Debentures issued hereunder shall cease to accrue on payment in full of all amounts owing thereunder on, but not including, the maturity date of such DebenturesMaturity Date, Redemption Date or Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after any default and judgment, with overdue interest at the same rate, payable on each subsequent Interest Payment Date.

Concerning Interest. 2.11.1 (a) Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures and subject to Section 2.4(b) with respect to the calculation of interest in respect of the initial interest payment to be paid on the Initial Debentures, all Debentures issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures which are interest bearing, shall bear interest (i) from and including their respective issue datedate provided that all the Initial Debentures (including the Initial Debentures that may be issued after the date hereof if the Over-Allotment Option is exercised) shall bear interest from and including the date hereof, or (ii) from and including the last Interest Payment Date in respect of which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such Debentures, in all cases, to but excluding the next Interest Payment Date. All interest shall accrue from day to day and shall be payable in arrears for the actual number of days lapsed in the relevant interest periodarrears. Interest payable in a calendar year shall be payable semi-annually semi -annually in arrears on each Interest Payment Datearrears. Interest on all Debentures issued hereunder shall cease to accrue on payment in full of all amounts owing thereunder onup to, but not including, including the maturity date specified in the relevant Debenture (and in the case of such the Initial Debentures, the Maturity Date), the Redemption Date or the Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after any default and judgment, with overdue interest at the same rate, payable on each subsequent Interest Payment Date.

Concerning Interest. 2.11.1 (a) Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series the Notes and subject to Section 2.2(b) with respect to the calculation of Debenturesinterest in respect of the initial interest payment to be paid on the Notes, all Debentures Notes issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures Notes which are interest bearing, shall bear interest (i) from and including their respective issue datedate provided that all the Notes shall bear interest from and including the date hereof, or (ii) from and including the last Interest Payment Date in respect of which interest shall have been paid or made available for payment on the outstanding Debentures of that seriesNotes, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such Debentures, in all cases, to but excluding the next Interest Payment Date. All interest shall accrue from day to day and shall be payable in arrears for the actual number of days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually in arrears on each Interest Payment Datearrears. Interest on all Debentures Notes issued hereunder shall cease to accrue on payment in full of all amounts owing thereunder onup to, but not includingincluding the Maturity Date, the maturity date of such Debentures, Redemption Date or the Date of Conversion, as applicable, for such DebenturesNotes, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after any default and judgment, with overdue interest at the same rate, payable on each subsequent Interest Payment Date.

Concerning Interest. 2.11.1 (a) Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures and subject to Section 2.4(c) with respect to the calculation of interest in respect of the initial interest payment to be paid on the Initial Debentures, all Debentures issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures which are interest bearing, shall bear interest (i) from and including their respective issue date, or (ii) from and including the last Interest Payment Date in respect of to which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such Debentures, in all cases, to but and excluding the next Interest Payment Date. All interest shall accrue from day to day and shall be payable in arrears for the actual number of days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually in arrears on each Interest Payment Datearrears. Interest on all Debentures issued hereunder shall cease to accrue on payment in full of all amounts owing thereunder on, but not including, the maturity date of such DebenturesMaturity Date, Redemption Date or Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after any default and judgment, with overdue interest at the same rate, payable on each subsequent Interest Payment Date.

Concerning Interest. 2.11.1 (a) Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series the Note and subject to Section 2.1(a) with respect to the calculation of Debenturesinterest in respect of the initial interest payment to be paid in PIK Interest on the Note, all Debentures the Note issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures Note which are interest bearing, shall bear interest interest, in all instances to be PIK Interest, (i) from and including their respective issue datethe date hereof, or (ii) from and including the last Interest Payment Date in respect of which interest shall have been paid or made available for payment in PIK Interest on the outstanding Debentures of that seriesNote, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such Debentures, in all cases, to but excluding the next Interest Payment Date. All interest shall accrue from day to day and shall be payable in arrears for the actual number of days lapsed in the relevant interest periodarrears. Interest payable in a calendar year shall be PIK Interest only, payable semi-annually in arrears on each Interest Payment Datearrears. Interest on all Debentures the Note issued hereunder shall cease accrue up to accrue on payment in full of all amounts owing thereunder onthe Redemption Date for the Note, but not including, including the maturity date of such Debentures, Redemption Date or Date of Conversion, as applicable, for such DebenturesMaturity Date, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after any default and judgment, with overdue interest at the same rate, payable on each subsequent Interest Payment Date.

Concerning Interest. 2.11.1 (a) Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures and subject to Section 2.4(c) with respect to the calculation of interest in respect of the initial interest payment to be paid on the Initial Debentures, all Debentures issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures which are interest bearing, shall bear interest (i) from and including their respective issue date, or (ii) from and including the last Interest Payment Date in respect of to which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such Debentures, in all cases, to but and excluding the next Interest Payment Date. All interest shall accrue from day to day and shall be payable in arrears for the actual number of days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually in arrears on each Interest Payment Datearrears. Interest on all Debentures issued hereunder shall cease to accrue on payment in full of all amounts owing thereunder on, but not including, the maturity date of such DebenturesMaturity Date, Redemption Date or Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after any default and judgment, with overdue interest at the same rate, payable on each subsequent Interest Payment Date.

Concerning Interest. 2.11.1 Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures, all All Debentures issued hereunder, whether originally or upon exchange or in substitution for previously issued Debentures which are interest bearing, shall bear interest (i) from and including their respective issue date, or (ii) from and including the last Interest Payment Date in respect of which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such the outstanding Debentures, whichever shall be the later, in all cases, to but and excluding the next Interest Payment Date. All interest shall accrue from day to day and Interest for any period shall be payable in arrears for computed on the basis of a year of 365 days and the actual number of days lapsed elapsed in such period. For the purposes of disclosure under the Interest Act (Canada), whenever interest is computed on the basis of a year (the "deemed year") which contains fewer days than the actual number of days in the relevant interest period. Interest payable in a calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in such calendar year of calculation and dividing it by the number of days in the deemed year. Notwithstanding anything herein to the contrary, in no event will any interest rate or rates referred to herein (together with other fees payable semi-annually hereunder which are construed by a court of competent jurisdiction to be interest or in arrears on each Interest Payment Datethe nature of interest) exceed the maximum interest rate permitted by Applicable Law or would result in the receipt by the Trustee or any holder of Debentures of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)). Interest on all Debentures issued hereunder shall cease to accrue on payment in full of all amounts owing thereunder on, but not includingIf such maximum interest rate would be exceeded by the terms hereof, the maturity date rates of interest payable hereunder will be reduced to the extent necessary so that such rates (together with other fees payable hereunder which are construed by a court of competent jurisdiction to be interest or in the nature of interest) equal the maximum interest rate permitted by Applicable Law, and any overpayment of interest received by the Trustee or any holder of Debentures theretofore will be applied, forthwith after determination of such Debenturesoverpayment, Redemption Date or Date of Conversionto pay all then outstanding interest, and thereafter to pay outstanding principal, as applicable, for such Debentures, unless, upon due presentation, if the same were a payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused. Interest shall accrue and be payable before and after any default and judgment, with overdue interest at the same rate, payable on each subsequent Interest Payment Datetreated accordingly hereunder.