Direct Payment. (a) The Company will pay or cause to be paid all amounts payable with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 11:00 a.m., Pacific time), by federal funds bank wire transfer to each Holder's account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior thereto. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable on a Legal Holiday, then the Company shall pay such amount on the next succeeding Business Day, and interest shall accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall be made concurrently with the payment of such amount, provided that the Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall accrue on such amount. Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a Legal Holiday, then the Company shall pay such interest on the next succeeding Business Day, and such extension of time shall be included in the computation of the interest payment, provided that the Company may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time may, at the Company's option, be included in the computation of the interest payment.
Appears in 5 contracts
Sources: Convertible Subordinated Note Purchase Agreement (Regent Assisted Living Inc), Convertible Subordinated Note Purchase Agreement (Regent Assisted Living Inc), Convertible Subordinated Note Purchase Agreement (Regent Assisted Living Inc)
Direct Payment. (a) The Company will pay or cause to be paid all amounts payable in cash with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 11:00 a.m.3:00 p.m., Pacific timeNew York time on the date when due in accordance with this Agreement and the Note), by intra-bank or federal funds bank wire transfer to each Holder's ’s account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior theretoto the applicable payment. Each Purchaser’s initial bank account for this purpose is on such Purchaser’s signature page hereto, and if no notice is given pursuant to the previous sentence hereof, such transfer shall be made to such initial bank account.
(b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable on a Legal Holiday, then the Company shall will pay such amount on the next succeeding Business Day, and interest shall will accrue on such amount until up to, but excluding, the date on which such amount is paid and payment of such accrued interest shall will be made concurrently with the payment of such amount, ; provided that the Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall will accrue on such amount. .
(c) Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a Legal Holiday, then the Company shall will pay such interest amount on the next succeeding Business Day. In such event, and such extension of time shall be included in the computation of the interest payment, amount payable will include interest calculated from the last scheduled interest payment date up to but excluding such next succeeding Business Day; provided that the Company may elect to pay in full (but not in part) any such interest amount on the last Business Day prior to the date such payment otherwise would be due, and no such diminution in time may, at the Company's option, be included in the computation of the additional interest paymentwill accrue on such amount.
Appears in 2 contracts
Sources: Purchase Agreement (NextWave Wireless Inc.), Note Purchase Agreement (NextWave Wireless Inc.)
Direct Payment. (a) The Company will pay or cause to be paid all amounts payable with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 11:00 a.m., Pacific time), by federal funds bank wire transfer to each Holder's account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior thereto.
(b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable on a Legal Holiday, then the Company shall pay such amount on the next succeeding Business Day, and interest shall accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall be made concurrently with the payment of such amount, provided PROVIDED that the Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall accrue on such amount. Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a Legal Holiday, then the Company shall pay such interest on the next succeeding Business Day, and such extension of time shall be included in the computation of the interest payment, provided PROVIDED that the Company may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time may, at the Company's option, be included in the computation of the interest payment.
Appears in 1 contract
Sources: Convertible Subordinated Note Purchase Agreement (LTC Healthcare Inc)