Common use of Contract Rate Adjustments and Payments Clause in Contracts

Contract Rate Adjustments and Payments. The Contract Rate shall be calculated on the last business day of each month hereafter until the Maturity Date (each a "Determination Date") and shall be subject to adjustment as set forth herein. If (i) the Borrower shall have registered the shares of the Borrower's common stock underlying each of the conversion of the Note and that certain warrant issued to Holder on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) trading days immediately preceding a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be reduced by 25 basis points (25 b.p.) (0.25.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Contract Rate be less than zero percent (0%). Interest shall be (i) calculated on the basis of a 360 day year, and (ii) payable monthly, in arrears, commencing on September 1, 2004 and on the first business day of each consecutive calendar month thereafter until the Maturity Date (and on the Maturity Date), whether by acceleration or otherwise (each, a "Contract Rate Payment Date").

Appears in 1 contract

Sources: Secured Convertible Note (Global Digital Solutions Inc)

Contract Rate Adjustments and Payments. The Contract Rate shall be calculated on the last business day of each month hereafter until the Maturity Date (each a "Determination Date") and shall be subject to adjustment as set forth herein. If (i) the Borrower HSPR shall have registered the shares of HSPR's common (i) HSPR shall not have registered the Borrowershares of the HSPR's common stock underlying each of the conversion of the Note Minimum Borrowing Notes and that certain warrant issued to Holder on a registration statement declared effective by the Securities SEC and Exchange Commission (the "SEC")which remains effective, and (ii) the market price (the "Market Price") Price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) principal market for the five (5) trading days immediately preceding a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Contract Rate for the succeeding calendar month shall automatically be reduced decreased by 25 100 basis points (25 100 b.p.) (0.25.%1.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Contract Rate be less than zero percent (0%). Interest shall be (i) calculated on the basis of a 360 day year, and (ii) payable monthly, in arrears, commencing on September November 1, 2004 and on the first business day of each consecutive calendar month thereafter until the Maturity Date (and on the Maturity Date), whether by acceleration or otherwise (each, a "Contract Rate Payment Date").

Appears in 1 contract

Sources: Secured Convertible Minimum Borrowing Note (Hesperia Holding Inc)

Contract Rate Adjustments and Payments. The Contract Rate shall be calculated on the last business day of each calendar month hereafter (other than for increases or 1.1) until the Maturity Date (each a "Determination Date") and shall be subject to adjustment as set forth herein. If If (i) the Borrower Parent shall have registered the shares of the Borrower's common stock Common Stock underlying each of the conversion of the each Minimum Borrowing Note and that certain warrant issued to Holder each Warrant on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) trading days immediately preceding a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty twenty-five percent (25%), the Interest Contract Rate for the succeeding calendar month shall automatically be reduced by 25 200 basis points (25 200 b.p.) (0.25.%2%) for each incremental twenty twenty-five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Contract Rate be less than zero percent (0%). Interest shall be (i) calculated on the basis of a 360 day year, and (ii) payable monthly, in arrears, commencing on September April 1, 2004 2005 and on the first business day of each consecutive calendar month thereafter until the Maturity Date (and on the Maturity Date), whether by acceleration or otherwise (each, a "Contract Rate Payment Date")otherwise.

Appears in 1 contract

Sources: Secured Revolving Note (Dynamic Health Products Inc)

Contract Rate Adjustments and Payments. The Contract Rate shall be calculated on the last business day of each calendar month hereafter (other than for increases or 1.1) until the Maturity Date (each a "Determination Date") and shall be subject to adjustment as set forth herein. If If (i) the Borrower Company shall have registered the shares of the Borrower's common stock Common Stock underlying each of the conversion of the this Note and that certain warrant issued to Holder each Warrant on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) trading days immediately preceding a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty twenty-five percent (25%), the Interest Contract Rate for the succeeding calendar month shall automatically be reduced by 25 200 basis points (25 200 b.p.) (0.25.%2%) for each incremental twenty twenty-five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Contract Rate at any time be less than zero percent (0%). Interest shall be (i) calculated on the basis of a 360 day year, and (ii) payable monthly, in arrears, commencing on September 1, 2004 and on the first business day of each consecutive calendar month thereafter until the Maturity Date (and on the Maturity Date), whether by acceleration or otherwise (each, a "Contract Rate Payment Date").

Appears in 1 contract

Sources: Secured Convertible Term Note (Accentia Biopharmaceuticals Inc)