Common use of Interest Rate; Late Charge Clause in Contracts

Interest Rate; Late Charge. During each Interest Period, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at a rate of interest (the "Contract Rate"), equal to the sum of four and three-tenths percent (4.30%) per annum plus the greater of (1) the Libor Rate in effect for such Interest Period, or (2) the Libor Floor Rate. Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month (or, for the initial advance, from the date of such advance). Principal and other amortization payments shall be applied to the Loan balance as and when actually received. If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due, Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the Loan shall bear interest at the Default Rate.

Interest Rate; Late Charge. During each Interest Period, the The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at a rate of interest (the "Contract Rate"), equal to the sum of four and three-tenths percent (4.30%) per annum plus the greater of (1) the Libor Rate in effect for such Interest Period, or (2) the Libor Floor Rate. Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month (or, for the initial advance, from the date of such advance). Principal and other amortization payments shall be applied to the Loan balance as and when actually received. If Borrower fails Borrowers fail to pay any installment of interest or or, if applicable, principal within five (5) days of (and including) after the date on which the same is due, Borrower excluding the final payment due on the Maturity Date, Borrowers shall pay to Administrative Agent, for the account of the Lenders (other than any Defaulting Lender but subject to Section 2.18(c), a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. Administrative Agent shall pay to each Lender (other than any Defaulting Lender but CONA – Healthcare Trust, Inc. subject to Section 2.18(c) its portion of the late charge based on each Lender’s Pro Rata Share of the Loan. The foregoing late charge is intended to compensate each Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by each Lender as a result of such delinquent payment. Borrower agrees Borrowers agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses each Lender will incur by reason of late payment. Borrower Borrowers and each Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default Event of Default arising from the overdue installment, and shall not prevent any Lender from exercising any other rights or remedies available to Lendersuch Lender with respect to such Event of Default. While any Event of Default exists, the Loan shall bear interest at the Default Rate.

Interest Rate; Late Charge. During each Interest Period, the The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at a rate of interest (the "applicable Contract Rate"), equal to the sum of four and three-tenths percent (4.30%) per annum plus the greater of (1) the Libor Rate in effect for such Interest Period, or (2) the Libor Floor Rate. Interest owing for each month at the applicable Contract Rate shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day date of such month (or, for the initial advance, from disbursement under the Loan or the date of such advance). Principal and other amortization payments shall be applied the preceding Payment Date, as the case may be, to the Loan balance as and when actually receiveddate of the next Payment Date or the Maturity Date (which results in more interest being paid than if computed on the basis of a 365-day year). If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) Business Days after the date on which the same is due, due and payable Borrower shall pay to Lender a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default any Event of Default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to LenderLender with respect to such Event of Default. While any Event of Default exists, the Loan shall bear interest at the Default Rate.

Interest Rate; Late Charge. During each Interest Period, the The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at a rate of interest (the "Contract Rate"), equal to the sum of four and three-tenths percent (4.30%) per annum plus the greater of (1) the Libor Rate in effect for such Interest Period, or (2) the Libor Floor Rate. Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month (or, for the initial advance, from the date of such advance). Principal and other amortization payments shall be applied to the Loan balance as and when actually received. If Borrower fails Borrowers fail to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due, Borrower excluding the final payment due on the Maturity Date, Borrowers shall pay to Lender Administrative Agent, for the account of the Lenders, a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. Administrative Agent shall pay to each Lender its portion of the late charge based on each Lender’s Proportionate Share of the Loan in accordance with Section 2.6. The foregoing late charge is intended to compensate each Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by each Lender as a result of such delinquent payment. Borrower agrees Borrowers agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses each Lender will incur by reason of late payment. Borrower Borrowers and each Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default Event of Default arising from the overdue installment, and shall not prevent any Lender from exercising any other rights or remedies available to Lendersuch Lender with respect to such Event of Default. While any Event of Default exists, the Loan shall bear interest at the Default Rate.

Interest Rate; Late Charge. During each Interest Period, the outstanding principal balance of the Loan Loans (including any amounts added to principal under the Loan Documents) shall bear interest at a rate of interest (the "“Contract Rate"), ”) equal to the sum of four and three-tenths percent (4.30%) per annum plus the greater of (1) four and 15/100 percent (4.15%) per annum in excess of the Libor Rate in effect for such Interest Period, or (2) the Libor Floor Ratefour and 65/100 percent (4.65%) per annum. Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month (or, for the initial advance, from the date of such advance). Principal and other amortization payments shall be applied to the Loan balance as and when actually received. If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due, Borrower shall pay to Lender a late charge on such past-due past‑due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees and Lender agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the Loan Loans shall bear interest at the Default Rate.

Interest Rate; Late Charge. During each Interest Period, the The outstanding principal balance of the Loan shall bear interest as follows: (including any amounts added to principal under i) the Tranche A Loan Documents) shall bear interest at a fixed per annum rate equal to Five and 01/100 percent (5.01%) per annum; and (ii) for the Tranche B Loan, Tranche C Loan and Tranche D Loan, at a fixed rate of interest per annum to be determined as of the Closing Date of such Loan in accordance with the terms set forth in the Term Sheet (in each case as applicable, the "“Contract Rate"), equal to the sum of four and three-tenths percent (4.30%) per annum plus the greater of (1) the Libor Rate in effect for such Interest Period, or (2) the Libor Floor Rate. Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month (or, for the initial advance, from the date of such advance”). Principal and other amortization payments shall be applied to the Loan balance as and when actually received. If Borrower fails Borrowers fail to pay any installment of interest or principal (exclusive of the payment due on the Maturity Date) within five (5) days of (and including) after the date on which the same is due, Borrower Borrowers shall pay to Lender Administrative Agent, for the account of the Lenders (other than any Defaulting Lender), a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five three percent (53.0%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The Administrative Agent shall pay to each Lender (other than any Defaulting Lender) its portion of the late charge based on each Lender’s Pro Rata Share of the Loan in accordance with Section 2.6. The foregoing late charge is intended to compensate Lender Lenders for the expenses incident to handling any such delinquent payment and for the losses incurred by each Lender as a result of such delinquent payment. Borrower agrees Borrowers agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses each Lender will incur by reason of late payment. Borrower Borrowers and each Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default Event of Default arising from the overdue installment, and shall not prevent any Lender from exercising any other rights or remedies available to Lendersuch Lender with respect to such Event of Default. While any Event of Default exists, the Loan shall bear interest at the Default Rate.