Common use of Default Rate Clause in Contracts

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 35 contracts

Sources: Credit Agreement (EGAIN Corp), Credit Agreement (PROS Holdings, Inc.), Credit Agreement (Unifi Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 19 contracts

Sources: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Oclaro, Inc.), Credit Agreement (Federal Signal Corp /De/)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 18 contracts

Sources: Credit Agreement (USA Mobility, Inc), Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Watsco Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 16 contracts

Sources: Credit Agreement (Servicesource International LLC), Credit Agreement (Servicesource International LLC), Credit Agreement (Bell Industries Inc /New/)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 11 contracts

Sources: Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Aegis Communications Group Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) , all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 6 contracts

Sources: Credit Agreement (Unifi Inc), Debt Agreement (Ciber Inc), Credit Agreement (Inventure Foods, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 6 contracts

Sources: Loan and Security Agreement (Silicon Graphics Inc /Ca/), Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Hologic Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been whether or not charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 5 contracts

Sources: Credit Agreement (Baseline Oil & Gas Corp.), Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 5 contracts

Sources: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)

Default Rate. Upon the occurrence and during the continuation continuance of an Event of Default and at the election of Agent or the Required Lenders, Default, (ia) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof Loans then outstanding shall bear interest at a per annum rate equal to 2 the rate otherwise applicable to such Loan plus 2.0 percentage points, and (b) the Letter of Credit Fee shall be increased to 2.0 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee . All amounts payable under this Section 2.4 shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunderdue and payable on demand by Agent.

Appears in 5 contracts

Sources: Credit Agreement (Ares Commercial Real Estate Corp), Credit Agreement (Ares Commercial Real Estate Corp), Credit Agreement (Ares Commercial Real Estate Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all the overdue Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and two (ii2) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder, and (ii) the overdue Letter of Credit Fees shall be increased to two (2) percentage points above the per annum rate otherwise applicable hereunder. Interest at the above referenced rate (the "Default Rate") shall be payable upon demand.

Appears in 5 contracts

Sources: Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the each Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Sources: Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at any time following the election of Agent or the Required LendersTermination Date, (i) the principal amount of all Obligations (except for undrawn Letters of CreditCredit and Bank Products) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 three (3) percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.12 shall be increased to 2 by three (3) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Sources: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (Integrated Electrical Services Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee provided for above shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Sources: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Revolving Loans and all other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Sources: Credit Agreement (Ocz Technology Group Inc), Credit Agreement (Quantum Corp /De/), Credit Agreement (School Specialty Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) the interest rate applicable to all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Sources: Credit Agreement (Connecture Inc), Credit Agreement (Connecture Inc), Credit Agreement (Connecture Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required LendersLender), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Sources: Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the written election of Agent or the Required Supermajority Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Sources: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Loan Agreement (Arg Property Management Corp), Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement (Phonetel Technologies Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Credit Agreement (Wabash National Corp /De), Credit Agreement (Wabash National Corp /De), Exim Guarantied Credit Agreement (Stanadyne Holdings, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations which are due and owing under the Loan Documents (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) , all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunder, and (ii) and the Letter of Credit Fee shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Credit Agreement (SeaSpine Holdings Corp), Credit Agreement (SeaSpine Holdings Corp), Credit Agreement (SeaSpine Holdings Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Loan and Security Agreement (Cray Inc), Loan and Security Agreement (Metalico Inc), Loan and Security Agreement (Microstrategy Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Frontstep Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at upon the election of Agent or the Required Lenders,: (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunder, ; and (ii) the Letter of Credit Fee shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default Default, and at Agent's discretion (or as the election of Agent or is directed by the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the written election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Logistics, LLC)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Sources: Loan and Security Agreement (Peninsula Gaming Co LLC), Loan and Security Agreement (Peninsula Gaming Corp), Loan and Security Agreement (Microstrategy Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Nacco Industries Inc), Credit Agreement (Advanced Energy Industries Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fees provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Stream Global Services, Inc.), Credit Agreement (Stream Global Services, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Default, if elected by Agent or the Required LendersLenders during such time, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Appfolio Inc), Credit Agreement (Appfolio Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Loan and Security Agreement (Old Evangeline Downs Capital Corp), Loan and Security Agreement (Peninsula Gaming Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Bank Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Loans and other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Titan Machinery Inc.), Credit Agreement (Titan Machinery Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (ECA Marcellus Trust I), Credit Agreement (Energy Corp of America)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required LendersLender, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 three (3) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 three (3) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Seitel Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders▇▇▇▇▇▇▇, (i) all Loans, and all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof hereof, shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Birks Group Inc.), Credit Agreement (Birks Group Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points per annum above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points per annum above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Delta Apparel, Inc), Credit Agreement (Delta Apparel, Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Loan and Security Agreement (Silicon Graphics Inc /Ca/), Loan and Security Agreement (DSG International LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all the overdue Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunder, and (ii) the overdue Letter of Credit Fee Fees shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Syndicated Facility Agreement (Cleveland-Cliffs Inc.), Syndicated Facility Agreement (Cliffs Natural Resources Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Navarre Corp /Mn/), Credit Agreement (MDC Partners Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required LendersLender, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Matrix Geophysical, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations which are due and owing under the Loan Documents (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (BOISE CASCADE Co), Credit Agreement (Boise Cascade Holdings, L.L.C.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderthereto, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Debtor in Possession Credit Agreement, Senior Secured, Priming and Superpriority Debtor in Possession Credit Agreement

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required Lenders, (i1) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii2) the Letter of Credit Fee fee provided for above shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Revolving Loans and all other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Debtor in Possession Credit Agreement (School Specialty Inc), Debtor in Possession Credit Agreement (School Specialty Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required LendersLender, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points Two percent (2.0%) above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points Two percent (2.00%) above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Loan and Security Agreement (OVERSTOCK.COM, Inc), Loan and Security Agreement (Overstock Com Inc)

Default Rate. Upon the occurrence and during the continuation continuance of an a Significant Event of Default and at the election of Agent or the Required LendersDefault, (i) all overdue Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Abl Credit and Guarantee Agreement (Janus International Group, Inc.), Abl Credit and Guarantee Agreement (Janus International Group, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Revolving Loans and all Obligations (except for undrawn Letters of CreditCredit and Bank Product Obligations) that have been charged to the applicable Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the applicable Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Kronos Worldwide Inc), Credit Agreement (Kronos Worldwide Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required LendersLender), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Loan and Security Agreement (Lazy Days R.V. Center, Inc.), Loan and Security Agreement (Anacomp Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, Inc.)

Default Rate. Upon At the election of Agent or the Required Lenders upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all unpaid Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Dip Credit Agreement (Storm Cat Energy CORP), Credit Agreement (Storm Cat Energy CORP)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Administrative Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Inventory Facility Credit Agreement (Anixter International Inc), Credit Agreement (Anixter International Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all the overdue Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and two (ii2) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder, and (ii) the overdue Letter of Credit Fees shall be increased to two (2) percentage points above the per annum rate otherwise applicable hereunder. Interest at the above referenced rate (the “Default Rate”) shall be payable upon demand.

Appears in 2 contracts

Sources: Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Asure Software Inc), Credit Agreement (Asure Software Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Administrative Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at after the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (FleetMatics Group PLC), Credit Agreement (FleetMatics Group PLC)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Cellstar Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election discretion of Agent or the election of the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Remy International, Inc.), Credit Agreement (Remy International, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Metalico Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Sirva Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of any Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been whether or not charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) without duplication, the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (CDC Software CORP)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 four (4) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 four (4) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (FFP Marketing Co Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Loans, and Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof hereof, shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Nuverra Environmental Solutions, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditL/C's) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee L/C fee provided for above shall be increased to 2 two percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Mikohn Gaming Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4.00 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Mercator Software Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election discretion of Agent or the election of the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Dixie Group Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the written election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Internap Network Services Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4.00 percentage points above the per annum rate otherwise applicable thereunderrate, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Kroll Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default Default, and at the election of Agent or the Required Lenders, commencing immediately following notice thereof by Foothill to Borrower, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall prospectively bear interest at a per annum rate equal to 2 4.00 percentage points above the per annum rate otherwise applicable thereunderinterest rate provided in Section 2.6(a), and and (ii) the Letter of Credit Fee fee provided in Section 2.6(b) shall be prospectively increased to 2 percentage points above the 3.50% per annum rate otherwise applicable hereundertimes the amount of the undrawn Letters of Credit.

Appears in 1 contract

Sources: Loan and Security Agreement (Multigraphics Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default Default, and at following the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above which is 2.00% in excess of the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee shall be increased to 2 percentage points above bear interest at a per annum rate which is 2.00% in excess of the per annum rate otherwise applicable hereunderthereunder.

Appears in 1 contract

Sources: Abl Credit and Guarantee Agreement (ATI Intermediate Holdings, LLC)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at upon the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Vector Group LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Participation Fee shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Stock Building Supply Holdings, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account Accounts pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Big Dog Holdings Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, Default, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 four percentage points (4%) above the per annum rate otherwise applicable thereundercharged rate, and (ii) the Letter of Credit Fee fee provided in Section 2.6(b) shall be increased to 2 by four percentage points (4%) per annum above the per annum otherwise charged rate otherwise applicable hereundertimes the amount of the aggregate undrawn amount of all outstanding Letters of Credit for the benefit of the Lenders.

Appears in 1 contract

Sources: Loan and Security Agreement (RDM Sports Group Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, , (i) all Loans and other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Titan Machinery Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders,Default: (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage 200 basis points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.11(b) shall be increased to 2 percentage 200 basis points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Debtor in Possession Credit Agreement (TXCO Resources Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (SAVVIS, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, Default, (i) all Obligations (except for the amounts undrawn under Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 four (4) percentage points above the applicable per annum rate otherwise applicable thereunderthen in effect under Section 2.6(a), and and (ii) the Letter letter of Credit Fee credit fees provided for in Section 2.6(b) shall be increased to 2 by four (4) percentage points above the per annum rate otherwise applicable hereunder.points;

Appears in 1 contract

Sources: Loan and Security Agreement (Employee Solutions Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Realpage Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, andand ACTIVE 682292377v9 - 17 - (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Unifi Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the any Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee Fees shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Independence Contract Drilling, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 two percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Factory Card Outlet Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders, (i) ), all Obligations (except for undrawn Letters of CreditCredit and Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderto such Obligations hereunder, and (ii) and the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Elgin National Industries Inc)

Default Rate. Upon Immediately upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and and (iiB) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Dip Credit Agreement (Exide Technologies)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunderhereunder, andand 137020431v13 (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Freshpet, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) 1. all Loans and other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, andand 126471205_8 (ii) 2. the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Titan Machinery Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderDefault Rate, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above as set forth in the per annum rate otherwise applicable hereunderLoan Pricing Agreement.

Appears in 1 contract

Sources: Loan and Security Agreement (NewStar Financial, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Asure Software Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required LendersLender), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points 4.00% above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points 4.00% above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Overstock Com Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Digirad Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.5(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Dialogic Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, Default, (i) all non-contingent Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and Base Rate plus 3.00%; and (ii) the Letter of Credit Fee fee provided in Section 2.7(b) shall be increased to 2 percentage points above the 4.50% per annum rate otherwise applicable hereundertimes the amount of the aggregate undrawn amount of all outstanding Letters of Credit.

Appears in 1 contract

Sources: Loan and Security Agreement (Vermont Transit Co Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at (if the election of Agent or the Required LendersLenders so elect), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Party City Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and Lender Hedging Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points four percent (4%) above the per annum rate otherwise applicable thereunderhereunder, and and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points four percent (4%) above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan Agreement (Ram Energy Resources Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 three (3) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 three (3) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Harolds Stores Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Loans, and all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof hereof, shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Sources: Credit Agreement (Birks Group Inc.)