Common use of Interest Fees and Expenses Clause in Contracts

Interest Fees and Expenses. 1. (a) Interest on the Revolving Loans shall be payable monthly as of the end of each month and shall be an amount equal to (a) the applicable Chase Bank Rate Margin plus the Chase Bank Rate, per annum, on the average of the net balances owing by the Company to CITBC in the Company's account at the close of each day during such month on balances other than Libor Loans and (b) the applicable Libor Margin plus the applicable Libor on each Libor Loan, on a per annum basis, on the average of the net balances owing by the Company to CITBC in the Company's account in respect of such Libor Loan at the close of each day during such month. In the event of any change in said Chase Bank Rate, the rate under clause (a) above shall change, as of the first of the month following any change, so as to remain equal to the new Chase Bank Rate plus the applicable Chase Bank Rate Margin. In addition, the rate applicable under clause (a) or (b) above shall change based upon any change of the applicable Chase Bank Rate Margin or the Libor Margin; provided that any such change in such a margin such be effective on the first Business Day of the month following the month in which the Company shall have delivered, at least five (5) Business Days before the end of the month, to CITBC the financial statements demonstrating the change in EBITDA giving rise to such change in the margin, and any change in the Libor Margin shall affect only Libor Loans not yet funded as of that date. The rate hereunder shall be calculated based on a 360-day year. CITBC shall be entitled to charge the Company's account at the rate provided for herein when due until all Obligations have been paid in full.

Appears in 2 contracts

Samples: Financing Agreement (Diamond Triumph Auto Glass Inc), Financing Agreement (Diamond Triumph Auto Glass Inc)

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Interest Fees and Expenses. 1. (a) Interest on the Revolving Loans (other than Libor Loans) shall be payable monthly as of the end of each month and shall be an amount equal to the sum of the applicable Revolver Non-Libor Margin plus the Chase Manhattan Bank Rate per annum, on the average of the net balances (other than Libor Loans) owing by the Company to the Lenders in the Company's account at the close of each day during such month. Any change in said Chase Manhattan Bank Rate shall be effective as of the first of the month following any change. The rates hereunder shall be calculated on a per annum basis and will be based on a 360-day year. The Agent shall be entitled to charge the Company's account at the rate provided for herein when due until all Obligations have been paid in full. Interest on the Revolving Loans which are Libor Loans shall be payable monthly as of the end of each month and shall be an amount equal to (a) the sum of the applicable Chase Bank Rate Margin plus the Chase Bank Rate, per annum, on the average of the net balances owing by the Company to CITBC in the Company's account at the close of each day during such month on balances other than Libor Loans and (b) the applicable Revolver Libor Margin plus and the applicable Libor on each then outstanding Revolving Loan which is a Libor Loan, on a per annum basis, on the average of the net balances balance owing by the Company to CITBC in the Company's account in respect of on such Libor Loan at the close of each day during such month. The Company may elect to use Libor as to any new or then outstanding Revolving Loans provided x) there is then no unwaived Default or Event of Default, and y) the Company has so advised the Agent of its election to use Libor and the Libor Period selected no later than three (3) Business Days prior to the proposed borrowing or, in the case of a Libor election with respect to a then outstanding Revolving Loan, three (3) Business Days prior to the conversion of any then outstanding Revolving Loans to Libor Loans and z) the election and Libor shall be effective, provided, there is then no unwaived Default or Event of Default, on the fourth Business Day following said notice. The Libor elections must be for $100,000.00 or whole multiples thereof. No more than three (3) Libor elections in the aggregate may be in effect at any one time (including elections relating to Revolving Loans and elections relating to CAPEX Term Loans) unless the Agent agrees otherwise. If no such election is timely made or can be made, then the Agent shall use the Chase Manhattan Bank Rate to compute interest. In the event of any change in said Chase Manhattan Bank Rate, the rate under clause (a) above hereunder shall changechange correspondingly, as of the first of the month following any change, so as to remain equal to the new Chase Bank Rate plus the applicable Chase Bank Rate Margin. In addition, the rate applicable under clause (a) or (b) above shall change based upon any change of the applicable Chase Bank Rate Margin or the Libor Margin; provided that any such change in such a margin such be effective on the first Business Day of the month following the month in which the Company shall have delivered, at least five (5) Business Days before the end of the month, to CITBC the financial statements demonstrating the change in EBITDA giving rise to such change in the margin, and any change in the Libor Margin shall affect only Libor Loans not yet funded as of that date. The rate rates hereunder shall be calculated based on a 360-day year. CITBC The Agent shall be entitled to charge the Company's account at the rate provided for herein when due until all Obligations have been paid in full.

Appears in 1 contract

Samples: Financing Agreement (JTS Corp)

Interest Fees and Expenses. 1. (a) Interest on the Revolving Loans (other than Libor Loans) shall be payable monthly as of the end of each month and shall be an amount equal to the sum of the applicable Revolver Non-Libor Margin plus the Chase Manhattan Bank Rate per annum, on the average of the net balances (other than Libor Loans) owing by the Company in the Company's account at the close of each day during such month. The rates hereunder shall be calculated on a per annum basis and will be based on a 360-day year. Interest on the Revolving Loans which are Libor Loans shall be payable monthly as of the end of each month and shall be an amount equal to (a) the sum of the applicable Chase Bank Rate Margin plus the Chase Bank Rate, per annum, on the average of the net balances owing by the Company to CITBC in the Company's account at the close of each day during such month on balances other than Libor Loans and (b) the applicable Revolver Libor Margin plus and the applicable Libor on each then outstanding Revolving Loan which is a Libor Loan, on a per annum basis, on the average of the net balances owing by the Company to CITBC in the Company's account in respect of on such Libor Loan at the close of each day during such month. The Company may elect to use Libor as to any new or then outstanding Revolving Loans provided x) there is then no unwaived Event of Default (after giving effect to any cure period expressly provided for herein), and y) the Company has so advised the Agent of its election to use Libor and the Libor Period selected no later than three (3) Business Days prior to the proposed borrowing or, in the case of a Libor election with respect to a then outstanding Revolving Loan, three (3) Business Days prior to the conversion of any then outstanding Revolving Loans to Libor Loans and z) the election and Libor shall be effective, provided, there is then no unwaived Event of Default, on the fourth Business Day following said notice. The Libor elections must be for $100,000 or whole multiples thereof. If no such election is timely made or can be made, then the Agent shall use the Chase Manhattan Bank Rate to compute interest. In the event of any change in said Chase Manhattan Bank Rate, the rate under clause (a) above hereunder shall changechange correspondingly, as of the first of the month following any change, so as to remain equal to the new Chase Bank Rate plus the applicable Chase Bank Rate Margin. In addition, the rate applicable under clause (a) or (b) above shall change based upon any change of the applicable Chase Bank Rate Margin or the Libor Margin; provided that any such change in such a margin such be effective on the first Business Day of the month following the month in which the Company shall have delivered, at least five (5) Business Days before the end of the month, to CITBC the financial statements demonstrating the change in EBITDA giving rise to such change in the margin, and any change in the Libor Margin shall affect only Libor Loans not yet funded as of that date. The rate rates hereunder shall be calculated based on a 360-day year. CITBC The Agent shall be entitled to charge the Company's account at the rate provided for herein when due until all Obligations have been paid in full.

Appears in 1 contract

Samples: Financing Agreement (Gart Sports Co)

Interest Fees and Expenses. 17.1. (a) Interest on the Revolving Loans (other than Libor Loans) shall be payable monthly as of the end of each month and shall be an amount equal to the sum of the applicable Revolver Non-Libor Margin plus the Chase Manhattan Bank Rate per annum, on the average of the net balances (other than Libor Loans) owing by the Company in the Company's account at the close of each day during such month. The rates hereunder shall be calculated on a per annum basis and will be based on a 360-day year. Interest on the Revolving Loans which are Libor Loans shall be payable monthly as of the end of each month and shall be an amount equal to (a) the sum of the applicable Chase Bank Rate Margin plus the Chase Bank Rate, per annum, on the average of the net balances owing by the Company to CITBC in the Company's account at the close of each day during such month on balances other than Libor Loans and (b) the applicable Revolver Libor Margin plus and the applicable Libor on each then outstanding Revolving Loan which is a Libor Loan, on a per annum basis, on the average of the net balances owing by the Company to CITBC in the Company's account in respect of on such Libor Loan at the close of each day during such month. The Company may elect to use Libor as to any new or then outstanding Revolving Loans provided (x) there is then no unwaived Event of Default (after giving effect to any cure period expressly provided for herein), and y) the Company has so advised the Agent of its election to use Libor and the Libor Period selected no later than three (3) Business Days prior to the proposed borrowing or, in the case of a Libor election with respect to a then outstanding Revolving Loan, three (3) Business Days prior to the conversion of any then outstanding Revolving Loans to Libor Loans and (z) the election and Libor shall be effective, provided, there is then no unwaived Event of Default, on the fourth Business Day following said notice. The Libor elections must be for $100,000 or whole multiples thereof. If no such election is timely made or can be made, then the Agent shall use the Chase Manhattan Bank Rate to compute interest. In the event of any change in said Chase Manhattan Bank Rate, the rate under clause (a) above hereunder shall changechange correspondingly, as of the first of the month following any change, so as to remain equal to the new Chase Bank Rate plus the applicable Chase Bank Rate Margin. In addition, the rate applicable under clause (a) or (b) above shall change based upon any change of the applicable Chase Bank Rate Margin or the Libor Margin; provided that any such change in such a margin such be effective on the first Business Day of the month following the month in which the Company shall have delivered, at least five (5) Business Days before the end of the month, to CITBC the financial statements demonstrating the change in EBITDA giving rise to such change in the margin, and any change in the Libor Margin shall affect only Libor Loans not yet funded as of that date. The rate rates hereunder shall be calculated based on a 360-day year. CITBC The Agent shall be entitled to charge the Company's account at the rate provided for herein when due until all Obligations have been paid in full.

Appears in 1 contract

Samples: Financing Agreement (Gart Sports Co)

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Interest Fees and Expenses. 1. 8.1 (a) Interest on the Revolving Loans Loans, whether bearing interest based on the Chase Bank Rate or LIBOR, shall be payable monthly in arrears as of the end of each month and month. The rate hereunder for the Chase Bank Rate Loans shall increase or decrease by an amount equal to each increase or decrease, respectively, in the Chase Bank Rate, effective as of the date of each such change. The rate hereunder for Chase Bank Rate Loans shall be calculated based on a 360-day year. CIT shall be entitled to charge the Company's Revolving Loan Account for such interest when due at the rate provided for herein until all Obligations have been paid in full. The rate hereunder for Chase Bank Rate Loans shall be an amount equal to (a) the applicable Chase Bank Rate Margin plus the a "Chase Bank Rate, Rate Margin" of one quarter of one percent (0.25%) per annum, annum on the average of the net balances owing by the Company to CITBC CIT in the Company's account at the close of each day during such month on balances other than Libor Loans and (b) the applicable Libor Margin plus the applicable Libor on each Libor Loan, on a per annum basis, on the average of the net balances owing by the Company to CITBC in the Company's account in respect of such Libor Revolving Loan Account at the close of each day during such month. In Upon receipt of the event quarterly financial statement following the end of any change in said Chase Bank Ratethe Company's fourth fiscal quarter ending December 31, 2000, the rate under clause (a) above for Chase Bank Rate Loans shall changebe based upon the following and shall be adjusted quarterly on a trailing four-quarter basis thereafter based upon the following: CHASE BANK RATE EBITDA MARGIN Less than $0 0.50% Between $0 and $10 million 0.25% $10 million or greater, as of up to, but not including $15 million 0.00% $15 million or greater 0.00% Notwithstanding any provision herein to the first of contrary, the month following any change, so as to remain rate hereunder for Chase Bank Rate Loans against Contract Receivables shall be an amount equal to the new Chase Bank Rate plus one percent (1%) and will not be subject to the applicable Chase Bank Rate Marginadjustment set forth above nor subject to LIBOR election. In additionFor purposes of interest rate calculation, all Revolving Loans shall first be attributed to the rate applicable under clause (a) or (b) above shall change based upon any change non-Contract Receivable portion of the applicable Chase Bank Rate Margin or Borrowing Base and Revolving Loans only shall be attributed to the Libor Margin; provided that any such change in such a margin such be effective on the first Business Day Contract Receivable portion of the month following the month in which the Company shall have delivered, at least five (5) Business Days before the end Borrowing Base when no further non-Contract Receivable portion of the month, to CITBC the financial statements demonstrating the change in EBITDA giving rise to such change in the margin, and any change in the Libor Margin shall affect only Libor Borrowing Base remains. All repayments of Revolving Loans not yet funded as of that date. The rate hereunder first shall be calculated based on a 360-day year. CITBC shall be entitled applied to charge Revolving Loans attributed to the Company's account at the rate provided for herein when due until all Obligations have been paid in fullContract Receivables.

Appears in 1 contract

Samples: Financing Agreement (3 D Systems Corp)

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