Common use of Interest Clause in Contracts

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (M & F Worldwide Corp), Indenture (M & F Worldwide Corp)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation Solventum Corporation (the "Company"), ”) promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowdescribed above. The Company will pay Cash interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from from, and including, the most recent date to which interest has been paid paid; or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestFebruary 27, and if 2024. Interest on this Note is authenticated between a record date referred to on will be paid to, but excluding, the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first relevant Interest Payment Date or on such earlier date as the principal amount shall be _____________, 20__become due in accordance with the provisions hereof. The Company will pay interest (including postsemi-petition interest annually in arrears on each Interest Payment Date, beginning on September 23, 2024, and on the Stated Maturity. If any proceeding under any Bankruptcy Law) on overdue principal and Interest Payment Date, Stated Maturity or other payment date with respect to the Notes is not a Business Day, then payment of principal, premium, if any, and interest shall be made on the next succeeding Business Day with the same force and effect as if made on the date such payment was due, and no interest on such payment shall accrue on that payment for the period from time to time on demand at a rate that is 1% per annum in excess of and after such Interest Payment Date, Stated Maturity or other payment date, as the rate then in effect case may be, to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) date of that payment on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulnext succeeding Business Day. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The Company shall pay interest on overdue principal from time to time on demand at the rate borne by the Notes and at the same rate on overdue installments of interest (without regard to any applicable grace periods) to the extent lawful from the dates such amounts are due until such amounts are paid or made available for one payment. All references to any amount of interest or more Regulation S Permanent Global Notesany other amount payable on or with respect to the Notes shall be deemed to include payment of any interest payable as a consequence of the occurrence and continuation of a “Registration Default,” if applicable, as defined in the Registration Rights Agreement, dated as February 27, 2024, among the Company, the Holder hereof shall not be entitled to receive payments Guarantor and the representatives of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled the initial purchasers with respect to the same benefits as other Initial Notes under the Indentureparty thereto.

Appears in 2 contracts

Sources: First Supplemental Indenture (Solventum Corp), First Supplemental Indenture (3m Co)

Interest. ▇▇▇▇▇▇ American Corp.(a) Clear Channel Worldwide Holdings, Inc., a Delaware Nevada corporation (the "Company"“Issuer”), promises to pay interest on the principal amount of this 2017 B Note at 11 3/49.25% per annum from ________________December 23, 20__ 20092 until maturity and shall pay the Liquidated DamagesSpecial Interest, if any, payable pursuant to the 2017 B Registration Rights Agreement referred to below. The Company will Issuer shall pay interest and Liquidated DamagesSpecial Interest, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the 2017 B Notes will shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 11.0% per annum in excess of the interest rate then in effect to otherwise payable on the extent lawful2017 B Notes; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesSpecial Interest, if any, (without regard to any applicable grace periods) from time to time on demand at 1.0% per annum in excess of the same interest rate to otherwise payable on the extent lawful2017 B Notes. Interest will shall be computed on the basis of a 360-day year comprised of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes. (b) Prior to the Issue Date, the Holder hereof Issuer shall not have caused the Trustee to establish an account (the “Trustee Account”) to be entitled maintained by the Trustee for the benefit of the Holders with respect to receive payments of interest hereon; until so exchanged in fullon the 2017 B Notes, this Regulation S Temporary Global Note over which the Trustee shall in all other respects have sole control and dominion. Interest on the 2017 B Notes will accrue, and be entitled payable by or on behalf of the Issuer to the same benefits Trustee, daily; provided that the failure by the Issuer to make or have made any such daily payment to the Trustee on any day will not constitute a Default so long as (a) (x) no payment or other Notes transfer by the Company or any of its Restricted Subsidiaries shall have been made on such day under the Indenture.Cash Management Arrangements or (y) the amount of funds on deposit in the Trustee Account on such day is equal to the amount of interest which has accrued up to and including such day and (b) on each Interest Payment Date the aggregate amount of funds deposited in the Trustee Account is sufficient to pay the aggregate amount of interest on the 2017 B Notes that is payable by the Trustee to Holders of 2017 B Notes on such Interest Payment Date; provided further, however, that payments of interest shall only be deemed to be overdue to the extent that the aggregate amount of funds deposited in the Trustee Account is not sufficient to pay the aggregate amount of interest on the 2017 B Notes that is payable by the Trustee to Holders on the applicable Interest Payment Date. The Issuer or any Guarantor will not be the legal owners of the funds on deposit in the Trustee Account. Such amounts may be in cash in U.S. dollars, in Government Securities or in a combination thereof. Any interest earned on Government Securities held in the Trustee Account will be applied to pay fees and expenses of the Trustee and, to the extent of any excess, returned to the Company. Upon the making by or on behalf of the Issuer of any payment into the Trustee Account, the Issuer’s obligation to pay accrued interest shall be discharged to the extent of the amount so paid. If the Trustee fails to make an interest payment on the 2017 B Notes but the Issuer has deposited the funds with the Trustee, it will not be a Default. 2 With respect to the Initial Notes

Appears in 2 contracts

Sources: Indenture (CC Media Holdings Inc), Indenture (Clear Channel Outdoor Holdings, Inc.)

Interest. ▇▇▇▇▇▇ American Corp.(1) Each Debenture issued hereunder, a Delaware corporation whether issued originally or in exchange for another Debenture, shall bear interest from and including the Issue Date or from and including the last Interest Payment Date on which interest shall have been paid or made available for payment on the Debentures then Outstanding, whichever shall be the later, to but excluding the earlier of: (a) the following Interest Payment Date; (b) if purchased in accordance with Section 3.5, the date of payment; (c) if repurchased in accordance with Section 3.3, the Change of Control Repurchase Date; (d) if converted in accordance with Article 4, the Conversion Date; (e) if redeemed in accordance with any other provision of this Indenture, the Redemption Date; and (f) the Maturity Date; as the case may be (the "CompanyInterest Period"), promises to pay . The interest on the payable per $1,000 principal amount of this Note at 11 3/4% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually Debentures in arrears respect of an Interest Period other than an Interest Period that ends on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay calculated by multiplying $1,000 by the interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1of 12.0% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damagesannum, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year composed of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global NotesFor certainty, the Holder hereof first interest payment will include interest accrued from May 24, 2019 to, but excluding June 30, 2020, which will be equal to $132.33 for each $1,000 principal amount of the Debentures. For each other interest payment representing a semi-annual installment, the interest amount shall not be entitled equal to receive $60 for each $1,000 principal amount of the Debentures. (2) On the Maturity Date, the Corporation shall pay to the Debentureholders all outstanding principal thereon and all accrued and unpaid interest thereto, up to but excluding the Maturity Date. (3) So long as the Debentures or any portion thereof are issued in the form of or represented by Uncertificated Debentures, then all payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note on such Uncertificated Debentures shall in all other respects be entitled made by 11:00 a.m. (Calgary time) at least one Business Day prior to the same benefits as other Notes under related Interest Payment Date by electronic funds transfer to the Trustee for the payment to the Depository or its nominee for subsequent payment to Beneficial Holders of the applicable interests in such Uncertificated Debentures, unless the Corporation and the Depository otherwise agree. (4) For purposes of this Indenture, the effective annual rate of interest will be determined in accordance with generally accepted actuarial practices and principles over the term of the Debentures on the basis of annual compounding of the lawfully permitted rate of interest and, in the event of dispute, a certificate of a Fellow of the Canadian Institute of Actuaries appointed by the Trustee will be prima facie evidence, for the purposes of such determination. (5) In this Indenture, each rate of interest which is calculated with reference to a period (the “deemed interest period”) that is less than the actual number of days in the calendar year of calculation is, for the purposes of the Interest Act (Canada), equivalent to a rate based on a calendar year calculated by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing by the number of days in the deemed interest period. (6) To the extent permitted by applicable Law, the provisions of the Judgment Interest Act (Alberta) will not apply to the Indenture Documents and are hereby expressly waived by the Corporation.

Appears in 2 contracts

Sources: Indenture, Indenture

Interest. ▇▇▇▇▇▇ American Corp.Eagle Parent, Inc., a Delaware corporation (such corporation, and its successors and assigns under the "Company"Indenture hereinafter referred to, being herein called the “Issuer”), promises to pay interest on the principal amount of this Note at 11 3/48.625% per annum from ________________May 16, 20__ 2011 until maturity and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company Issuer will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 every May 1 and December 15 November 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestprovided, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________November 1, 20__2011. The Company will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; specified herein, and it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (including Additional Interest) (without regard to any applicable grace periodsperiod) from time to time on demand at the same rate to the extent lawful. Interest on the Notes will be computed on the basis of a 360-day year comprised of twelve 30-day months. In addition to the rights provided to Holders of the Notes under the Indenture, Holders of Registrable Notes (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of May 16, 2011, among the Issuer, the Guarantor named therein and the other parties named on the signature pages thereto (the “Registration Rights Agreement”), including the right to receive Additional Interest in certain circumstances. If applicable, Additional Interest shall be paid to the same Persons, in the same manner and at the same times as regular interest. [Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.]

Appears in 2 contracts

Sources: Indenture (Epicor International Holdings, Inc.), Indenture (Epicor Software Corp)

Interest. ▇▇▇▇▇▇ American Corp.RFS Partnership, L.P., a Delaware corporation Tennessee limited partnership (the "Company") and RFS 2002 Financing, Inc., a Tennessee corporation ("Finance," and together with the Company, the "Issuers"), promises promise to pay interest on the principal amount of this Note at 11 3/49.75% per annum from ________________, 20__ the Issue Date until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will Issuers shall pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 March 1 and December 15 September 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). The first Interest Payment Date shall be September 1, 2002. Interest on the Notes will shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuanceIssue Date; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date Record Date (defined below) referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will Issuers shall pay interest (including post-petition interest Accrued Bankruptcy Interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest Accrued Bankruptcy Interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will shall be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (RFS Partnership Lp), Indenture (RFS Hotel Investors Inc)

Interest. ▇▇▇▇▇▇ American Corp.(a) Clear Channel Worldwide Holdings, Inc., a Delaware Nevada corporation (the "Company"“Issuer”), promises to pay interest on the principal amount of this 2017 A Note at 11 3/49.25% per annum from ________________December 23, 20__ 20092 until maturity and shall pay the Liquidated DamagesSpecial Interest, if any, payable pursuant to the 2017 A Registration Rights Agreement referred to below. The Company will Issuer shall pay interest and Liquidated DamagesSpecial Interest, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the 2017 A Notes will shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 11.0% per annum in excess of the interest rate then in effect to otherwise payable on the extent lawful2017 A Notes; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesSpecial Interest, if any, (without regard to any applicable grace periods) from time to time on demand at 1.0% per annum in excess of the same interest rate to otherwise payable on the extent lawful2017 A Notes. Interest will shall be computed on the basis of a 360-day year comprised of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes. (b) Prior to the Issue Date, the Holder hereof Issuer shall not have caused the Trustee to establish an account (the “Trustee Account”) to be entitled maintained by the Trustee for the benefit of the Holders with respect to receive payments of interest hereon; until so exchanged in fullon the 2017 A Notes, this Regulation S Temporary Global Note over which the Trustee shall in all other respects have sole control and dominion. Interest on the 2017 A Notes will accrue, and be entitled payable by or on behalf of the Issuer to the same benefits Trustee, daily; provided that the failure by the Issuer to make or have made any such daily payment to the Trustee on any day will not constitute a Default so long as (a) (x) no payment or other Notes transfer by the Company or any of its Restricted Subsidiaries shall have been made on such day under the Indenture.Cash Management Arrangements or (y) the amount of funds on deposit in the Trustee Account on such day is equal to the amount of interest which has accrued up to and including such day and (b) on each Interest Payment Date the aggregate amount of funds deposited in the Trustee Account is sufficient to pay the aggregate amount of interest on the 2017 A Notes that is payable by the Trustee to Holders of 2017 A Notes on such Interest Payment Date; provided further, however, that payments of interest shall only be deemed to be overdue to the extent that the aggregate amount of funds deposited in the Trustee Account is not sufficient to pay the aggregate amount of interest on the 2017 A Notes that is payable by the Trustee to Holders on the applicable Interest Payment Date. The Issuer or any Guarantor will not be the legal owners of the funds on deposit in the Trustee Account. Such amounts may be in cash in U.S. dollars, in Government Securities or in a combination thereof. Any interest earned on Government Securities held in the Trustee Account will be applied to pay fees and expenses of the Trustee and, to the extent of any excess, returned to the Company. Upon the making by or on behalf of the Issuer of any payment into the Trustee Account, the Issuer’s obligation to pay accrued interest shall be discharged to the extent of the amount so paid. If the Trustee fails to make an interest payment on the 2017 A Notes but the Issuer has deposited the funds with the Trustee, it will not be a Default. 2 With respect to the Initial Notes

Appears in 2 contracts

Sources: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Communications Inc)

Interest. ▇▇▇▇▇ ▇▇▇▇▇▇ American Corp.▇▇▇▇▇, a Delaware Inc., an Indiana corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/49% per annum from ________________February 3, 20__ 2005 until maturity maturity; provided, however, that if a Registration Default (as defined in the Registration Rights Agreement) occurs, additional interest shall accrue on this Note from and including the date on which any such Registration Default shall pay occur to but excluding the Liquidated Damagesdate on which all Registration Defaults have been cured at a rate of 0.25% per annum with respect to the first 90-day period following such Registration Default, increasing by an additional 0.25% per annum with respect to each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum amount of additional interest of 1.0% per annum. Reference in this Note to “interest” with respect to this Note shall include additional interest, if any, payable that shall accrue pursuant to the Registration Rights Agreement referred to belowAgreement. The Company will shall pay interest semiannually on February 1 and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 August 1 of each yearyear (each an “Interest Payment Date”), or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")Day. Interest on the Notes will shall accrue from the most recent date to Interest Payment Date on which interest has been paid or, if no interest has been paid, from the date of issuanceFebruary 3, 2005; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________August 1, 20__2005. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of equal to the interest rate on the Notes then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will shall be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Security Agreement (HHG Distributing, LLC), Security Agreement (HHG Distributing, LLC)

Interest. ▇▇▇▇▇▇ American Corp.Innophos, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/48.875% per annum from ________________, 20__ 20 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June August 15 and December February 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__20 . The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Innophos, Inc.), Indenture (Innophos Investment Holdings, Inc.)

Interest. ▇▇▇▇▇▇ American Corp.Pinnacle Entertainment, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/48 1/4% per annum from ________________, 20__ 20 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June March 15 and December September 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__20 . The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Casino One Corp), Indenture (Pinnacle Entertainment Inc)

Interest. ▇▇▇▇▇▇ American Corp.ICON Health & Fitness, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/411.25% per annum from ________________April 9, 20__ 2002 until maturity and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated DamagesAdditional Interest, if any, semi-annually in arrears on June 15 January 1 and December 15 July 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________July 1, 20__2002. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesAdditional Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

Interest. ▇▇▇▇▇▇ American Corp.DIMAC Holdings, Inc., a Delaware corporation (the "CompanyDIMAC HOLDINGS"), promises to pay interest in cash on the principal amount of this 151/2% Senior Note due October 22, 2009 (this "Note") at 11 3/4151/2% per annum from ________________October 22, 20__ 1998 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company DIMAC Holdings will pay interest and Liquidated Damageson this Note quarterly on March 31, if anyJune 30, semi-annually in arrears on June 15 September 30 and December 15 31 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "INTEREST PAYMENT DATE") to the registered Holder of hereof at the close of business on the March 15, June 15, September 15 or December 15, next preceding the Interest Payment Date"), even if this Note is cancelled after such record date and on or before such Interest Payment Date; PROVIDED, that the first Interest Payment Date shall be December 31, 1998. Notwithstanding the foregoing, with respect to any installment of interest on this Note due on an Interest Payment Date that occurs on or prior to September 30, 2003, in lieu of paying all of such installment of interest in cash, DIMAC Holdings may pay all of such installment (or a portion thereof) by issuing to each such Holder of record an additional Note in an aggregate principal amount equal to the amount of interest due to such Holder on the applicable Interest Payment Date and not paid in cash. Interest on the Notes this Note will accrue from the most recent date to on which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest issuance hereof. DIMAC Holdings shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on all due and unpaid amounts outstanding under the Notes (including overdue principal and installments of principal, premium, if any, or interest), from time to time on demand at a rate that is 1equal to 161/2% per annum in excess of the rate then in effect annum, compounded quarterly, to the extent lawful; it will pay interest (including post-petition interest . PIK Notes issued in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at accordance with the same rate to the extent lawfulterms hereof shall not constitute unpaid amounts hereunder. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Dimac Holdings Inc), Securities Purchase Agreement (DMW Worldwide Inc)

Interest. ▇▇▇▇▇▇ American Corp.RIVERWOOD INTERNATIONAL CORPORATION, a Delaware corporation (such corporation, and its successors and assigns under the Indenture hereinafter referred to, being herein called the "Company"), promises to pay interest on the principal amount of this Note Security at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowshown above. The Company will pay interest interest, semiannually on February 1 and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of August 1 (each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")) of each year. Interest on the Notes Securities will accrue from the most recent date to which interest has been paid or duly provided for or, if no interest has been paidpaid or duly provided for, from the date of issuance; provided that if there is no existing Default in the payment of interestJune 21, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful2001. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is The Company shall pay interest on overdue principal at the rate borne by the Securities, and it shall pay interest on overdue installments of interest at the same rate to the extent lawful. Notwithstanding the foregoing, (i) to the extent interest has been paid or duly provided for with respect to any Initial Security (as defined in the Indenture referred to below) exchanged for one this Security, interest on this Security shall accrue from the most recent Interest Payment Date to which such interest on such Initial Security had been paid or more Regulation S Permanent Global Notesduly provided for, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled and (ii) to the extent that liquidated damages, if any, payable in respect of such Initial Security as provided therein have been paid or duly provided for with respect to such Initial Security such liquidated damages shall accrue from the most recent Interest Payment Date to which such liquidated damages on such Initial Security had been paid or duly provided for and until the date it is no longer payable as provided for in the Registration Rights Agreement. All accrued liquidated damages shall be paid to Securityholders in the same benefits manner as other Notes under interest payments on the IndentureSecurities on semiannual payment dates which correspond to interest payment dates for the Securities.

Appears in 2 contracts

Sources: Indenture (Riverwood Holding Inc), Indenture (Riverwood Holding Inc)

Interest. ▇▇▇▇▇▇▇▇ American Corp.Resources, Inc., a Delaware Nevada corporation (such corporation, and its successors and assigns under the "Indenture hereinafter referred to, begin herein called the “Company"), promises to pay interest on the unpaid principal amount of this Note at 11 3/4the rate of 9 1⁄2% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowannum. The Company will pay interest and Liquidated Damages, if any, in kind semi-annually in arrears on June 15 and December 15 of each yearyear (each an “Interest Payment Date”), or if commencing December 15, 2016. If any such date for payment on the Notes falls on a day that is not a Business Day, such payment may be made on the next succeeding Business Day (eachwith the same force and effect as if made on the due date, an "Interest Payment Date")and no additional interest will accrue solely as a result of such delayed payment. Interest on the Notes will accrue from the most recent date to which interest has been paid orin kind by issuing Additional Notes, if no interest has been paidpaid in kind, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfuloriginal issuance thereof. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The Company shall pay interest on overdue principal at the rate borne by the Notes plus 1% per annum, and it shall pay interest on overdue installments of interest at the same rate to the extent lawful. Interest on the Notes will be payable by issuing additional securities (the “Additional Notes”) in an amount equal to the applicable amount of interest for the interest period (rounded down to the nearest whole dollar). Not later than 10 business days prior to the relevant Interest Payment Date, the Company shall deliver to the Trustee and the Paying Agent (if other than the Trustee), (i) with respect to Notes represented by Definitive Notes, the required amount of Additional Notes represented by Definitive Notes (rounded down to the nearest whole dollar) and a company order to authenticate and deliver such Additional Notes or (ii) with respect to Notes represented by one or more Regulation S Permanent Global Notes, a company order to increase the Holder hereof shall not be entitled to receive payments outstanding principal amount of interest hereon; until so exchanged in full, this Regulation S Temporary such Global Note shall in all other respects be entitled Notes by the required amount (rounded down to the nearest whole dollar) (or, if necessary, pursuant to the requirements of the depositary or otherwise, the required amount of Additional Noted represented by Global Notes (rounded down to the nearest whole dollar) and a company order to authenticate and deliver such new Global Notes). All Additional Notes issued pursuant to an interest payment as described above will mature on June 15, 2020 and will be governed by, and subject to the terms, provisions and conditions of, the Indenture. The Additional Notes shall have the same rights and benefits as other the Notes issued on the Issue Date, and shall be treated together with the Notes as a single class for all purposes under the Indenture. Any Additional Notes shall, after being executed and authenticated pursuant to the Indenture, be (i) if such Additional Notes are Definitive Notes, mailed to the Person entitled thereto as shown on the register maintained by the Note Registrar for the Definitive Notes as of the relevant record date or (ii) if such Additional Notes are Global Notes, deposited into the account specified by the Holder or Holders thereof as of the relevant record date. Alternatively, in connection with any payment of interest, the Company may direct the Paying Agent to make appropriate amendments to the schedule of principal amounts of the relevant Global Notes outstanding for which Additional Notes will be issued and arrange for deposit into the account specified by the Holder or Holders thereof as of the relevant record date. Notwithstanding anything to the contrary herein or in the Indenture, and for the avoidance of doubt, accrued and unpaid interest that is due and payable at the Maturity of this Note, with respect to an optional redemption, or with respect to any requirement of the Company to purchase this Note on the Change of Control Purchase Date or the Purchase Date pursuant to a Change of Control Offer or Prepayment Offer, shall be payable solely in cash (such interest payment, “Cash Interest”).

Appears in 2 contracts

Sources: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)

Interest. ▇▇▇▇▇▇ American Corp.Central European Media Enterprises Ltd., a Delaware corporation company organized under the laws of Bermuda (the "Company"“Issuer”), promises to pay interest on the principal amount of this Note (as defined herein) at 11 3/4the rate of 15.0% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, annum. Interest on this Note will be payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 1 and December 15 of each year1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"“interest payment date”). Interest on the Notes this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including the Issue Date. The Issuer promises to pay such interest on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing the principal amount of the outstanding Notes (“PIK Interest”) on such interest payment date. With respect to interest on the Notes for a semi-annual period due on an interest payment date, the Issuer may elect, at its option, to pay interest due on the Notes on such interest payment date (i) entirely in Cash Interest at the rate of 15.0% per annum (“Cash Interest Payment”) or (ii) entirely in PIK Interest at the rate of 15.0% per annum (“PIK Interest Payment”). In order to elect to pay Cash Interest on any interest payment date, the Issuer must deliver a written notice of its election to the Trustee no later than 10 days prior to such interest payment date (the “Cash Election Deadline”) specifying that it is electing a Cash Interest Payment (and if the Issuer does not deliver such notice on or prior to the Cash Election Deadline, then a PIK Interest Payment shall be made on such interest payment date). Notwithstanding the foregoing, the Issuer shall be deemed to have elected to make a PIK Interest Payment with respect to the entire principal amount of the Notes for all interest payment dates occurring prior to November 15, 2015. PIK Interest on the Notes will be payable in the manner set forth in Section 2.17 of the Indenture. Following an increase in the principal amount of the outstanding Global Notes as a result of the payment of PIK Interest, the Global Notes will bear interest on such increased principal amount from and after the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__payment. The Company will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to on any applicable grace periods) from time to time Additional Amounts as specified in the Indenture. Any interest paid on demand at the same rate this Note shall be increased to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled necessary to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits pay Additional Amounts as other Notes under the Indentureset forth herein.

Appears in 2 contracts

Sources: Indenture (Central European Media Enterprises LTD), Indenture (CME Media Enterprises B.V.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), The Company promises to pay interest on the unpaid principal amount of this Note at 11 3/4% a rate of twelve percent (12%) per annum from ________________, 20__ until maturity and shall pay (the Liquidated Damages, if any, payable pursuant to "Interest Rate") commencing on the Registration Rights Agreement referred to belowdate hereof. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 August 15, 2002 and December February 15 of each yearyear or, or if any such day is not a Business Day, on the next succeeding Business Day (each, an the "Interest Payment Date"), commencing August 15. Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided provided, however, that if there is no existing -------- ------- Default in the payment of interest, and if this Note is authenticated between a record date Record Date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date. Interest shall accrue with respect to principal on this Note to, but not including the date of repayment of such principal; provided further provided, however, that if -------- ------- payment to the first Paying Agent occurs after 10:00 a.m., New York City time, interest shall be deemed to accrue until the following Business Day. On each Interest Payment Date, interest on the Notes will be paid for the immediately preceding accrual period. Any accrued and unpaid interest outstanding on the Maturity Date shall be _____________paid on the Maturity Date concurrently with payment of the Principal. To the extent lawful, 20__. The the Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal and premiumPrincipal, if any, from time to time on demand at a rate that is 1% equal to the sum of the Interest Rate and an additional two percent (2%) per annum in excess of (such sum being referred to herein as the rate then in effect to the extent lawful"Default Rate"), compounded semiannually; it will pay interest and (including post-petition interest in any proceeding under any Bankruptcy Lawii) on overdue installments of interest and Liquidated Damagesinterest, if any, any (without regard to any applicable grace periodsperiod) from time to time on demand at the same rate to the extent lawfulDefault Rate, compounded semiannually. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Cellstar Corp), Indenture (Cellstar Corp)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation Solventum Corporation (the "Company"), ”) promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowdescribed above. The Company will pay Cash interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from from, and including, the most recent date to which interest has been paid paid; or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestFebruary 27, and if 2024. Interest on this Note is authenticated between a record date referred to on will be paid to, but excluding, the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first relevant Interest Payment Date or on such earlier date as the principal amount shall be _____________, 20__become due in accordance with the provisions hereof. The Company will pay interest (including postsemi-petition interest annually in arrears on each Interest Payment Date, beginning on October 30, 2024, and on the Stated Maturity. If any proceeding under any Bankruptcy Law) on overdue principal and Interest Payment Date, Stated Maturity or other payment date with respect to the Notes is not a Business Day, then payment of principal, premium, if any, and interest shall be made on the next succeeding Business Day with the same force and effect as if made on the date such payment was due, and no interest on such payment shall accrue on that payment for the period from time to time on demand at a rate that is 1% per annum in excess of and after such Interest Payment Date, Stated Maturity or other payment date, as the rate then in effect case may be, to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) date of that payment on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulnext succeeding Business Day. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The Company shall pay interest on overdue principal from time to time on demand at the rate borne by the Notes and at the same rate on overdue installments of interest (without regard to any applicable grace periods) to the extent lawful from the dates such amounts are due until such amounts are paid or made available for one payment. All references to any amount of interest or more Regulation S Permanent Global Notesany other amount payable on or with respect to the Notes shall be deemed to include payment of any interest payable as a consequence of the occurrence and continuation of a “Registration Default,” if applicable, as defined in the Registration Rights Agreement, dated as February 27, 2024, among the Company, the Holder hereof shall not be entitled to receive payments Guarantor and the representatives of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled the initial purchasers with respect to the same benefits as other Initial Notes under the Indentureparty thereto.

Appears in 2 contracts

Sources: First Supplemental Indenture (Solventum Corp), First Supplemental Indenture (3m Co)

Interest. ▇▇▇▇▇▇ American Corp.Each of ACME TELEVISION, LCC, a Delaware corporation limited liability company (the "Company"), and ACME FINANCE CORPORATION, a Delaware corporation ("Finance" and, together with the Company, the "Issuers"), promises to pay to the registered holder of this Security, until the principal hereof is paid or duly provided for, interest on the principal amount set forth on the face of this Note Security at 11 3/4a rate of 10-7/8% per annum from ________________commencing September 30, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below2000. The Company will pay interest and Liquidated Damages, if any, semi-annually Accreted Value of the Securities shall increase in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")manner provided in the Indenture. Interest on the Notes Securities will accrue from and including the most recent date to which interest has been paid or duly provided for or, if no interest has been paidpaid or duly provided for, from and including September 30, 2000 through but excluding the date of issuance; on which interest is paid or duly provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding for. Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________payable in arrears on each March 31 and September 30 and at stated maturity, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premiumcommencing March 31, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful2001. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until The principal of this Regulation S Temporary Global Note is exchanged for one Security shall not bear or more Regulation S Permanent Global Notesaccrue interest until September 30, 2000, except in the case of a default in payment of Accreted Value or principal and/or premium, if any, upon acceleration, redemption or purchase and, in such case, the Holder hereof overdue principal and any overdue premium shall bear interest at the rate of 10-7/8% PER ANNUM (compounded semiannually on each March 31 and September 30 (to the extent that the payment of such interest shall be legally enforceable), from the dates such amounts are due until they are paid or duly provided for. To the extent, but only to the extent, interest on amounts in default constituting original issue discount prior to September 30, 2000 is not be entitled permitted by law, original issue discount shall continue to receive payments accrete until paid or duly provided for. On or after September 30, 2000, interest on overdue principal and premium, if any, and, to the extent permitted by law, on overdue installments of interest hereon; will accrue, until so exchanged in fullthe principal and premium, this Regulation S Temporary Global Note if any, is paid or duly provided for, at the rate of 10-7/8% PER ANNUM. Interest on any overdue Accreted Value or principal or premium shall in all other respects be entitled to the same benefits as other Notes under the Indenturepayable on demand.

Appears in 2 contracts

Sources: Indenture (Acme Intermediate Holdings LLC), Indenture (Acme Television LLC)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation Solventum Corporation (the "Company"), ”) promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowdescribed above. The Company will pay Cash interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from from, and including, the most recent date to which interest has been paid paid; or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestFebruary 27, and if 2024. Interest on this Note is authenticated between a record date referred to on will be paid to, but excluding, the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first relevant Interest Payment Date or on such earlier date as the principal amount shall be _____________, 20__become due in accordance with the provisions hereof. The Company will pay interest (including postsemi-petition interest annually in arrears on each Interest Payment Date, beginning on November 15, 2024, and on the Stated Maturity. If any proceeding under any Bankruptcy Law) on overdue principal and Interest Payment Date, Stated Maturity or other payment date with respect to the Notes is not a Business Day, then payment of principal, premium, if any, and interest shall be made on the next succeeding Business Day with the same force and effect as if made on the date such payment was due, and no interest on such payment shall accrue on that payment for the period from time to time on demand at a rate that is 1% per annum in excess of and after such Interest Payment Date, Stated Maturity or other payment date, as the rate then in effect case may be, to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) date of that payment on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulnext succeeding Business Day. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The Company shall pay interest on overdue principal from time to time on demand at the rate borne by the Notes and at the same rate on overdue installments of interest (without regard to any applicable grace periods) to the extent lawful from the dates such amounts are due until such amounts are paid or made available for one payment. All references to any amount of interest or more Regulation S Permanent Global Notesany other amount payable on or with respect to the Notes shall be deemed to include payment of any interest payable as a consequence of the occurrence and continuation of a “Registration Default,” if applicable, as defined in the Registration Rights Agreement, dated as February 27, 2024, among the Company, the Holder hereof shall not be entitled to receive payments Guarantor and the representatives of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled the initial purchasers with respect to the same benefits as other Initial Notes under the Indentureparty thereto.

Appears in 2 contracts

Sources: First Supplemental Indenture (Solventum Corp), First Supplemental Indenture (3m Co)

Interest. ▇▇▇▇▇▇ American Corp.CEMEX Finance LLC, a Delaware corporation limited liability company (together with its successors and assigns, the "Company"“Issuer”), promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowshown above. The Company Issuer will pay interest and Liquidated Damages, if any, semi-annually semiannually in arrears on June 15 and December 15 each Interest Payment Date of each yearyear commencing October 1, or 2014; provided, that if any such day Interest Payment Date is not a Business Day, then such payment shall be made on the next succeeding Business Day (each, an "Interest Payment Date")Day. Interest on the Notes will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from the date of issuanceApril 1, 2014; provided provided, that if there is no existing Default in or Event of Default on the payment of interest, and if this Note is authenticated between a record date Record Date referred to on the face hereof and the next succeeding Interest Payment DateDate (but after April 1, 2014), interest shall accrue from such next succeeding Interest Payment Date; provided further that , except in the first Interest Payment Date case of the original issuance of Notes, in which case interest shall be _____________accrue from April 1, 20__2014. The Company will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time at the then applicable interest rate on demand at a rate that is 1% per annum in excess of the rate then in effect Notes to the extent lawful; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages(“Defaulted Interest”), if any, (without regard to any applicable grace periods) from time to time on demand period, at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note Each interest period shall end on (but not include) the relevant interest payment date. All payments made by the Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Jurisdiction, unless such withholding or deduction is exchanged for one required by law or more Regulation S Permanent Global Notesby the interpretation or administration thereof. In that event, the Issuer will pay to each Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged the Notes Additional Amounts as provided in full, this Regulation S Temporary Global Note shall in all other respects be entitled the Indenture subject to the same benefits as other Notes under limitations set forth in the Indenture.

Appears in 2 contracts

Sources: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), The Company promises to pay interest on the principal amount of this Note at 11 3/47 3/8% per annum from ________________, 20__ the date hereof until maturity [and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to as provided in the Registration Rights Agreement Agreement, dated [April 5, 2010† referred to below. ].* The Company will shall pay interest [and Liquidated DamagesAdditional Interest, if any, ,]* semi-annually in arrears on June 15 April 1 and December 15 October 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid on the Notes (or one or more Predecessor Notes) or, if no interest has been paid, from and including the date of original issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________October 1, 20__2010. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect on the Notes to the extent lawful; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will shall be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global If a payment date is not a Business Day, payment may be made on the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note is was issued in connection with the Exchange Offer pursuant to which the 7 3/8% Senior Notes due 2020 in like principal amount were exchanged for one or more Regulation S Permanent Global Exchange Notes. The Exchange Notes rank pari passu in right of payment with the Initial Notes. For any period in which the Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be due and owing on the Initial Note in connection with the Registration Rights Agreement.]** † For Additional Notes, insert the Holder hereof shall not appropriate Interest Payment Date for those Additional Notes. * Not to be entitled to receive payments of interest hereon; until so exchanged in fullincluded for Exchange Notes. ‡ For Additional Notes, this Regulation S Temporary Global Note shall in all other respects be entitled to insert the same benefits as other Notes under the Indenture.appropriate Interest Payment Date for those Additional Notes. ** For Exchange Notes

Appears in 2 contracts

Sources: Indenture (Continental Resources, Inc), Indenture (Continental Resources Inc)

Interest. ▇▇▇▇▇▇ American Corp.(a) The Additional Series HH Notes will bear interest from December 19, 2013 at a Delaware corporation (floating rate equal to the "Company")Adjusted LIBOR Rate from time to time, promises to pay interest payable quarterly on the principal amount 19th day of this Note each March, June, September and December in each year (commencing March 19, 2014) and at 11 3/4% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement Stated Maturity (each such date being referred to below. The Company will pay interest and Liquidated Damagesas a “Series HH Interest Payment Date,” provided, if any, semi-annually in arrears on June 15 and December 15 of each year, or that if any such day is date shall not be a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Series HH Interest Payment Date shall be _____________, 20__. The Company will pay postponed to be the next Business Day) and shall bear interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal (including any overdue required or optional prepayment of principal), LIBOR Breakage Amount, if any, and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect and (to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Lawlegally enforceable) on any overdue installments installment of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulDefault Rate until paid. Interest will shall be subject to adjustment in accordance with Section 2.07. Interest on the Additional Series HH Notes shall be computed for the actual number of days elapsed on the basis of a 360-day year consisting of twelve 30-day months360 days. Until this Regulation S Temporary Global Note is exchanged The Adjusted LIBOR Rate for one or more Regulation S Permanent Global the Additional Series HH Notes shall be determined by the Calculation Agent with respect to each Series HH Interest Period (other than the first Series HH Interest Period), and notice thereof shall be given by the Calculation Agent to the Issuer and the Holders of the Additional Series HH Notes, together with such information as the Holder hereof Series HH Required Holders may reasonably request for verification, on or promptly after the second London Business Day preceding each Series HH Interest Period (other than the first Series HH Interest Period). The Calculation Agent’s determination of the Adjusted LIBOR Rate shall be conclusive, absent manifest error. For avoidance of doubt, the interest rate on the Additional Series HH Notes for the first Series HH Interest Period shall be the same as the interest rate on the Original Series HH Notes for the same period. (i) The Issuer shall pay to the Paying Agent not later than 3:00 p.m., City of New York time on the Business Day next preceding each Series HH Interest Payment Date for Additional Series HH Notes, an aggregate amount of funds available on the next Business Day in the City of New York, New York, equal to the interest to be paid to all Holders of such Additional Series HH Notes on such Interest Payment Date. The Issuer shall not be entitled required to receive payments establish any reserves for the payment of interest. (ii) All moneys paid to the Paying Agent for the payment of interest hereon; until so exchanged shall be held in full, trust for the payment of such interest by the Paying Agent for the benefit of the Holders specified in subparagraph (b)(iii) of this Regulation S Temporary Global Note shall in all other respects be entitled Section 2.02. Any moneys paid to the same benefits as other Notes under Paying Agent in accordance with the foregoing but not applied by the Paying Agent to the payment of interest, including interest (if any) earned on such moneys (subject to Section 6.6 of the Original Indenture), will, to the extent permitted by law, be repaid to the Issuer at the end of ninety (90) days from the date on which such moneys were to have been so applied, subject to the requirements and protections of Section 10.3 of the Original Indenture. (iii) Each interest payment on Additional Series HH Notes shall be paid on the Series HH Interest Payment Date therefor to the Holders of that series as their names appear on the Security Register on the Business Day next preceding such Series HH Interest Payment Date (the “Regular Record Date”). Interest in arrears for any past Series HH Interest Period may be paid at any time, without reference to any regular Series HH Interest Payment Date, to the Holders as their names appear on the Security Register on such date, not exceeding fifteen (15) days preceding the payment date thereof, as may be fixed by the Issuer, notwithstanding anything to the contrary contained in Section 3.7 of the Original Indenture. Except as set forth in Section 2.02(a), no interest will be payable in respect of any interest payment or payments that may be in arrears. (c) Any Interest Payment made on Additional Series HH Notes shall first be credited against the earliest accrued but unpaid interest due with respect to such Additional Series HH Notes.

Appears in 2 contracts

Sources: Supplemental Indenture (Kayne Anderson MLP Investment CO), Supplemental Indenture (Kayne Anderson MLP Investment CO)

Interest. ▇▇▇▇▇▇ American Corp.▇▇▇▇▇ Rental, L.P., a Delaware corporation Pennsylvania limited partnership (the "Company"), promises and ▇▇▇▇▇▇▇ ▇▇▇▇▇ Capital Corporation, a Delaware corporation ("AC Capital Corp." and, together with the Company, the "Issuers"), promise to pay interest on the principal amount of this Note at 11 3/410 3/8% per annum from ________________February 1, 20__ 1999 until maturity and shall pay the Liquidated Damages, if any, Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated Damages, if any, Damages semi-annually in arrears on June 15 February 1 and December 15 August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________February 1, 20__1999. The Company will Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Senior Subordinated Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Anthony Crane Sales & Leasing Lp), Indenture (Anthony Crane Holdings Capital Corp)

Interest. ▇▇▇▇▇▇ American Corp.This Security will bear interest from November 21, a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, 2003 or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid oror duly provided for, if no interest has been paidsemi-annually in arrears on June 1 and December 1 of each year (each, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding an "Interest Payment Date"), interest shall accrue from such next succeeding subject to Section 1.09 of the Indenture, commencing June 1, 2004, at the rate per annum equal to 1.85%. Interest Payment Date; provided further that the first Interest Payment Date on this Security shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed calculated on the basis of a 360-day year composed of twelve 30-day months. Until Interest payable on this Regulation S Temporary Global Note is exchanged Security on any Interest Payment Date will include interest for the immediately preceding Interest Period. The interest so payable and punctually paid or duly provided for on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name this Security (or one or more Regulation S Permanent Global NotesPredecessor Securities) is registered at the close of business on the Regular Record Date for such interest payment, which shall be the May 15 or November 15, as the case may be, immediately preceding the relevant Interest Payment Date. Any interest which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date shall forthwith cease to be payable to the registered Holder hereof on the relevant Regular Record Date by virtue of having been such Holder, and may be paid to the Person in whose name this Security (or one or more Predecessor Securities) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Company, notice whereof shall be given to the Holders of Securities not less than 10 days prior to such Special Record Date, or may be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Securities may be listed, and upon such notice as may be required by such exchange, all as more fully provided in the Indenture. From and after December 1, 2006, the Holder hereof shall not Company will no longer be entitled required to receive payments pay cash interest unless the Company elects prior to any remarketing that following such remarketing the Securities will bear cash interest pursuant to Section 16.02(b) of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture. The Original Principal Amount of this Security shall accrete daily at the Applicable Yield for each Interest Period, which shall be 0% (1) prior to December 1, 2006 and (2) during any period for which the Company has elected pursuant to Section 16.02(b) that the Securities will bear cash interest.

Appears in 2 contracts

Sources: Indenture (American Express Co), Indenture (American Express Co)

Interest. ▇▇▇▇▇▇ American Corp.(a) Commencing on the Issue Date, interest shall be payable on the outstanding Principal Amount and all overdue amounts under this Note from the Issue Date up to (but not including) the fourth (4th) anniversary of the Issue Date, at a Delaware corporation rate of fifteen percent (15.00%) per annum, with such rate to increase by one percent (1.00%) per annum beginning on such fourth (4th) anniversary (the "Company"“Interest Rate”). Interest shall be payable monthly in arrears on the last calendar day of each month (each, promises an “Interest Payment Date”). (b) All interest on this Note shall be paid in cash; provided, that on any Interest Payment Date during the term of this Note, the Issuer shall have the option to pay a portion of the accrued and unpaid interest on this Note on such Interest Payment Date that has accrued at the rate in excess of ten percent (10.00%) per annum either (i) in cash or (ii) by capitalizing such interest and adding it to the then outstanding principal amount of this Note (“PIK Interest”), it being understood and agreed that, unless the Issuer shall notify the Holder at 11 3/4% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant least two Business Days prior to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")Date that it intends to treat some portion of the entire interest due on such Interest Payment Date as PIK Interest, the Issuer shall be deemed to have elected to pay all of the interest in cash. Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) computed based on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day monthsmonths and all PIK Interest on this Note will be compounded quarterly on the last day of each quarter (each, a “PIK Interest Payment Date”). (c) Amounts representing PIK Interest shall be treated as Principal Amount for all purposes under this Note and the Note Purchase Agreement and shall bear interest in accordance with this Section 2.02. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, The obligation of the Holder hereof shall not be entitled Issuer to receive payments of interest hereon; until pay all such PIK Interest so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled added to the same benefits as other Notes under the IndenturePrincipal Amount shall be automatically evidenced by this Note.

Appears in 2 contracts

Sources: Convertible Note Purchase Agreement (DiamondHead Holdings Corp.), Convertible Note Purchase Agreement (DiamondHead Holdings Corp.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation Solventum Corporation (the "Company"), ”) promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowdescribed above. The Company will pay Cash interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from from, and including, the most recent date to which interest has been paid paid; or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestFebruary 27, and if 2024. Interest on this Note is authenticated between a record date referred to on will be paid to, but excluding, the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first relevant Interest Payment Date or on such earlier date as the principal amount shall be _____________, 20__become due in accordance with the provisions hereof. The Company will pay interest (including postsemi-petition interest annually in arrears on each Interest Payment Date, beginning on August 25, 2024, and on the Stated Maturity. If any proceeding under any Bankruptcy Law) on overdue principal and Interest Payment Date, Stated Maturity or other payment date with respect to the Notes is not a Business Day, then payment of principal, premium, if any, and interest shall be made on the next succeeding Business Day with the same force and effect as if made on the date such payment was due, and no interest on such payment shall accrue on that payment for the period from time to time on demand at a rate that is 1% per annum in excess of and after such Interest Payment Date, Stated Maturity or other payment date, as the rate then in effect case may be, to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) date of that payment on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulnext succeeding Business Day. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The Company shall pay interest on overdue principal from time to time on demand at the rate borne by the Notes and at the same rate on overdue installments of interest (without regard to any applicable grace periods) to the extent lawful from the dates such amounts are due until such amounts are paid or made available for one payment. All references to any amount of interest or more Regulation S Permanent Global Notesany other amount payable on or with respect to the Notes shall be deemed to include payment of any interest payable as a consequence of the occurrence and continuation of a “Registration Default,” if applicable, as defined in the Registration Rights Agreement, dated as February 27, 2024, among the Company, the Holder hereof shall not be entitled to receive payments Guarantor and the representatives of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled the initial purchasers with respect to the same benefits as other Initial Notes under the Indentureparty thereto.

Appears in 2 contracts

Sources: First Supplemental Indenture (Solventum Corp), First Supplemental Indenture (3m Co)

Interest. Alon Refining ▇▇▇▇▇ American Corp.Springs, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4131/2% per annum from ________________, 20__ the Issue Date until maturity and shall pay the Liquidated DamagesSpecial Interest, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated DamagesSpecial Interest, if any, semi-annually in arrears on June October 15 and December April 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after the Issue Date), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of the Notes, in which case interest shall accrue from the date of authentication; provided further that the first Interest Payment Date shall be _____________April 15, 20__2010. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesSpecial Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Alon Refining Krotz Springs, Inc.), Indenture (Alon USA Energy, Inc.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), The Company promises to pay interest on the principal amount of this Note at 11 3/44 1/2% per annum from ________________, 20__ the date hereof until maturity [and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to as provided in the Registration Rights Agreement Agreement, dated April 5, 2013† referred to below. ].* The Company will shall pay interest [and Liquidated DamagesAdditional Interest, if any, ,]* semi-annually in arrears on June April 15 and December October 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid on the Notes (or one or more Predecessor Notes) or, if no interest has been paid, from and including the date of original issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________October 15, 20__. 2013.† The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect on the Notes to the extent lawful; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Liquidated DamagesAdditional Interest, if any, ,]* (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will shall be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global If a payment date is not a Business Day, payment may be made on the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note is was issued in connection with the Exchange Offer pursuant to which the 4 1/2% Senior Notes due 2023 in like principal amount were exchanged for one or more Regulation S Permanent Global Exchange Notes. The Exchange Notes rank pari passu in right of payment with the Initial Notes. For any period in which the Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be due and owing on the Initial Note in connection with the Registration Rights Agreement.]** † For Additional Notes, insert the Holder hereof shall not appropriate Interest Payment Date for those Additional Notes. * Not to be entitled to receive payments of interest hereon; until so exchanged in fullincluded for Exchange Notes. ‡ For Additional Notes, this Regulation S Temporary Global Note shall in all other respects be entitled to insert the same benefits as other Notes under the Indenture.appropriate Interest Payment Date for those Additional Notes. ** For Exchange Notes

Appears in 2 contracts

Sources: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc)

Interest. ▇▇▇▇▇▇ American Corp.CPM Holdings, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4% 10⅝% per annum from ________________, 20__ until maturity and shall pay the Liquidated DamagesSpecial Interest, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated DamagesSpecial Interest, if any, semi-annually in arrears on June 15 March 1 and December 15 September 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 12% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesSpecial Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (CPM Holdings, Inc.), Indenture (CPM Holdings, Inc.)

Interest. ▇▇▇▇▇▇ American Corp.Each of ACME TELEVISION, LCC, a Delaware corporation limited liability company (the "Company"), and ACME FINANCE CORPORATION, a Delaware corporation ("Finance" and, together with the Company, the "Issuers"), promises to pay to the registered holder of this Security, until the principal hereof is paid or duly provided for, interest on the principal amount set forth on the face of this Note Security at 11 3/4a rate of 10-7/8% per annum from ________________commencing September 30, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below2000. The Company will pay interest and Liquidated Damages, if any, semi-annually Accreted Value of the Securities shall increase in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")manner provided in the Indenture. Interest on the Notes Securities will accrue from and including the most recent date to which interest has been paid or duly provided for or, if no interest has been paidpaid or duly provided for, from and including September 30, 2000 through but excluding the date of issuance; on which interest is paid or duly provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding for. Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________payable in arrears on each March 31 and September 30 and at stated maturity, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premiumcommencing March 31, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful2001. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until The principal of this Regulation S Temporary Global Note is exchanged for one Security shall not bear or more Regulation S Permanent Global Notesaccrue interest until September 30 2000, except in the case of a default in payment of Accreted Value or principal and/or premium, if any, upon acceleration, redemption or purchase and, in such case, the Holder hereof overdue principal and any overdue premium shall bear interest at the rate of 10-7/8% PER ANNUM (compounded semiannually on each March 31 and September 30) (to the extent that the payment of such interest shall be legally enforceable), from the dates such amounts are due until they are paid or duly provided for. To the extent, but only to the extent, interest on amounts in default constituting original issue discount prior to September 30, 2000 is not be entitled permitted by law, original issue discount shall continue to receive payments accrete until paid or duly provided for. On or after September 30, 2000, interest on overdue principal and premium, if any, and, to the extent permitted by law, on overdue installments of interest hereon; will accrue, until so exchanged in fullthe principal and premium, this Regulation S Temporary Global Note if any, is paid or duly provided for, at the rate of 10-7/8% PER ANNUM. Interest on any overdue Accreted Value or principal or premium shall in all other respects be entitled to the same benefits as other Notes under the Indenturepayable on demand.

Appears in 2 contracts

Sources: Indenture (Acme Intermediate Holdings LLC), Indenture (Acme Television LLC)

Interest. ▇▇▇▇▇▇ American Corp.Compressco Partners, L.P., a Delaware limited partnership (the “Company”), and Compressco Finance Inc., a Delaware corporation (together with the "Company", the “Issuers”), promises jointly and severally promise to pay interest on the principal amount of this Note at 11 3/47.25% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated Damages, if any, semi-annually in arrears on June February 15 and December August 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect equal to the extent lawfulthen applicable interest rate on the Notes; it they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, any (without regard to any applicable grace periods) ), from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)

Interest. ▇▇▇▇▇▇ American Corp.14.1. Interest is charged on any adjustments under this Agreement and on any advances that may be made under section 6 above, a Delaware corporation (as of the "Company"), promises to pay interest last day of each month based on the principal amount daily debit balances in your Funds In Use account for that month, at a rate equal to the sum of this Note at 11 3/4% the Applicable Margin (as defined in the Financing Agreement as defined in Section 17.1 below) plus the Chase Prime Rate (defined below). The Chase Prime Rate is the per annum from ________________rate of interest publicly announced by JPMorganChase Bank (or its successor) in New York, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, New York from time to time as its prime rate, and is not intended to be the lowest rate of interest charged by JPMorganChase Bank to its borrowers. Any change in the rate of interest hereunder due to a change in the Chase Prime Rate will take effect as of the first of the month following such change in the Chase Prime Rate. Interest will be credited as of the last day of each month based on demand the daily credit balances in your Funds In Use account for that month, at a rate that is 1% three percent (3%) per annum below the Chase Prime Rate being used to calculate interest for the period. All interest is calculated on a 360 day year. 14.2. If you, as a client of ours, purchase goods or services from another factored client of ours or another client subject to an ARM Services Agreement, as such term is defined in the Financing Agreement, and your payments on these invoices are not timely received, a late interest payment (but without duplication of other late interest charges to be paid to such client by the Company), at our then late interest rate, will be charged to your account with us and shall be deemed an Obligation under this Agreement. 14.3. In no event will interest charged hereunder exceed the highest lawful rate. In the event, however, that we do receive interest in excess of the rate then in effect highest lawful rate, you agree that your sole remedy would be to the extent lawful; it will pay interest (including post-petition interest in seek repayment of such excess, and you irrevocably waive any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects rights and remedies which may be entitled available to the same benefits as other Notes you under the Indenturelaw or in equity.

Appears in 2 contracts

Sources: Factoring Agreement (Chaus Bernard Inc), Factoring Agreement (Chaus Bernard Inc)

Interest. ▇▇▇▇▇▇ American Corp.Videotron Ltd., a Delaware corporation under the laws of Québec (the "Company"), promises to pay interest (as defined in the Indenture) on the principal amount of this Note at 11 3/45.75% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company will shall pay interest and Liquidated Damages, if any, semi-annually in arrears in equal installments (except as noted below) on June March 15 and December September 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided provided, however, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________March 15, 20__2016. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the interest rate then in effect to under the extent lawfulIndenture and this Note; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) ), from time to time on demand at the same rate to the extent lawful. Interest In the case of the final interest period, if applicable (from September 15, 2025 to January 15, 2026), interest will be computed calculated on the basis of the actual number of days elapsed from September 15, 2025 to (but excluding) January 15, 2026 divided by 365. In the case of any other interest period that is shorter than a full semi-annual interest period due to redemption, interest will be calculated on the basis of a 360365-day year and the actual number of twelve 30-day monthsdays elapsed from (and including) the date of the previous interest payment to (but excluding) the interest payment date for such interest period. Until this Regulation S Temporary Global Note For the purposes of the Interest Act (Canada), whenever interest is exchanged for one or more Regulation S Permanent Global Notescomputed on a basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, the Holder hereof shall not be entitled to receive payments such rate of interest hereon; until so exchanged shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in full, this Regulation S Temporary Global Note shall the calendar year of calculation and dividing it by the number of days in all other respects be entitled to the same benefits as other Notes under the Indenturedeemed year.

Appears in 2 contracts

Sources: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc)

Interest. ▇▇▇▇▇▇ American Corp.CEMEX Finance LLC, a Delaware corporation limited liability company (together with its successors and assigns, the "Company"), “Issuer”) promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowshown above. The Company Issuer will pay interest and Liquidated Damages, if any, semi-annually semiannually in arrears on June 15 and December 15 each Interest Payment Date of each yearyear commencing June 14, or 2010; provided that if any such day Interest Payment Date is not a Business Day, then such payment shall be made on the next succeeding Business Day (each, an "Interest Payment Date")Day. Interest on the Notes will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from the date of issuanceDecember 14, 2009; provided that if there is no existing Default in or Event of Default on the payment of interest, and if this Note is authenticated between a record date Record Date referred to on the face hereof and the next succeeding Interest Payment DateDate (but after December 14, 2009), interest shall accrue from such next succeeding Interest Payment Date; provided further that , except in the first Interest Payment Date case of the original issuance of Notes, in which case interest shall be _____________accrue from December 14, 20__2009. The Company will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time at the then applicable interest rate on demand at a rate that is 1% per annum in excess of the rate then in effect Notes to the extent lawful; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages(“Defaulted Interest”), if any, (without regard to any applicable grace periods) from time to time on demand period, at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note All payments made by the Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Authority, unless such withholding or deduction is exchanged for one required by law or more Regulation S Permanent Global Notesby the interpretation or administration thereof. In that event, the Issuer will pay to each Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged the Notes Additional Amounts as provided in full, this Regulation S Temporary Global Note shall in all other respects be entitled the Indenture subject to the same benefits as other Notes under limitations set forth in the Indenture.

Appears in 2 contracts

Sources: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Interest. ▇▇▇▇▇▇ American Corp.Targa Resources Partners LP, a Delaware limited partnership (“Targa Resources Partners”), and Targa Resources Partners Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with Targa Resources Partners, the "Company"“Issuers”), promises promise to pay interest on the principal amount of this Note at 11 3/45.125% per annum from ________________October 6, 20__ 2016 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 February 1 and December 15 August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________February 1, 20__2017. The Company Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it and they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, any (without regard to any applicable grace periods) ), from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Corp.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), [The Company promises to pay pay]1/[In accordance with the second paragraph of this Section 1,]2 interest on the principal amount of the [●] Bonds represented by this Note certificate [at]1/[shall accrue and compound at 11 3/4a rate of]2 [●]% per annum from ________________the date of issuance, 20__ until up to but not including the last day of the [●] anniversary of the issuance date (the “Maturity Date”) subject to the Company’s option to extend the maturity date of all or any portion of the [●] Bonds, including all or any portion of any series thereof, for up to two additional one-year periods in the Company’s sole discretion. With respect to the maturity or extension thereof of the [●] Bonds, the Company will send to the Bondholder, the Trustee and the Paying Agent (if not the Company) written notice, no more than 210 days and no less than 60 days prior to the Maturity Date for the [●] Bonds, notifying the Bondholder of the [●] Bonds’ pending maturity and that the maturity of the Bonds will or will not be extended, as applicable; provided, that the Company may elect to extend or not extend the [●] Bonds by providing notice as described above at any time prior to the date that is 60 days prior to the Maturity Date (as may have been previously extended) regardless of any election contained in a prior notice to the Bondholder. For the avoidance of doubt, to the extent the Company fails to provide the Bondholder, the Trustee and the Paying Agent (if not the Company) written notice of its election to extend the Maturity Date as described above prior to the date that is 60 days prior to the Maturity Date (as may have been previously extended), the Company shall pay all amounts due under the Liquidated Damages[●] Bonds represented by this certificate on the Maturity Date (as may have been previously extended). [For [●]]2/ [The [●]-1]3 Bonds [will earn interest compounded monthly and not pay monthly cash distributions. At maturity]2, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay [interest and Liquidated Damages, if any, semi-annually due on the Bonds in arrears equal monthly installments on June 15 and December 15 of each yearthe Interest Payment Dates, or if any such day is not a Business Daybusiness day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on business day]1/ [the Notes will accrue from entirety of accrued interest and principal to the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__Bondholder]2. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue [interest,]1 principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand lawful at the same interest rate applicable to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the IndentureBonds.

Appears in 2 contracts

Sources: First Supplemental Indenture (Phoenix Energy One, LLC), First Supplemental Indenture (Phoenix Capital Group Holdings, LLC)

Interest. The ▇▇▇▇▇▇▇ American Corp., a Delaware corporation ▇▇▇▇▇▇ Corporation (the "Company"), “Issuer”) promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowdescribed above. The Company will pay Cash interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid paid; or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestand including July 22, and if 2010. Interest on this Note is authenticated between a will be paid to but excluding the relevant Interest Payment Date or on such earlier date as the principal amount shall become due in accordance with the provisions hereof. Interest will be payable to the Holder of record date referred to on the face hereof and Regular Record Date, provided, however, interest payable on the next succeeding Stated Maturity will be paid to the person to whom the principal will be payable. The Issuer will pay interest semi-annually in arrears on each Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first commencing January 22, 2011. If any Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess or the Stated Maturity of the rate Notes is not a Business Day, then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments related payment of interest and Liquidated Damagesor principal payable, if anyas applicable, (without regard to any applicable grace periods) from time to time on demand at such date will be paid on the next succeeding Business Day with the same rate to the extent lawfulforce and effect as if made on such Interest Payment Date or Stated Maturity and no further interest will accrue as a result of such delay. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, The Issuer shall pay interest on overdue principal from time to time on demand by the Holder hereof shall not be entitled Trustee pursuant to receive payments Section 5.3 of the Base Indenture (defined below) at the rate borne by the Notes and on overdue installments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled (without regard to any applicable grace periods) to the same benefits as other Notes under the Indentureextent lawful.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Schwab Charles Corp), Second Supplemental Indenture (Schwab Charles Corp)

Interest. ▇▇▇▇▇▇ American Corp.JohnsonDiversey, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/49.625% per annum from ________________May 3, 20__ 2002 until maturity and shall pay the Liquidated DamagesSpecial Interest, if any, payable pursuant to Section 2(c) of the Registration Rights Agreement referred to below. The Company will shall pay interest and Liquidated DamagesSpecial Interest, if any, semi-annually in arrears on June May 15 and December November 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________November 15, 20__2002. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesSpecial Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Johnson Polymer Inc), Indenture (Johnson Polymer Inc)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), promises to pay interest i) Interest on this Note shall commence on the Effective Date and shall continue and accrue daily at the applicable rate on the outstanding principal amount of until paid in full or converted in accordance with this Note at 11 3/4% per annum from ________________, 20__ until maturity and Note. (ii) Interest shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-365 days for the actual number of days elapsed. (iii) Accrued and unpaid interest shall be paid by the Company to the Holder in cash on the last day months. Until this Regulation S Temporary Global Note of each calendar quarter (each such date, an “Interest Payment Date”), provided that, at the irrevocable election of the Company (as determined by the independent directors of the Board) made in writing by notice to the Holder at least two (2) business days prior to any Interest Payment Date, and so long as no Event of Default has occurred and is exchanged for one or more Regulation S Permanent Global Notesthen continuing, the Holder hereof shall not be entitled Company may elect to receive payments pay the PIK Amount of such interest hereon; until so exchanged either (at the sole option of the independent directors of the Board) (i) in fullkind by increasing the principal amount of this Note by such PIK Amount, this Regulation S Temporary Global Note shall in all other respects be entitled convertible into shares of the Company’s Common Stock, $0.001 par value per share (“Common Stock”), at the closing price per share on the last business day of such calendar quarter immediately preceding such Interest Payment Date, rounded down to the same benefits nearest whole share on such Interest Payment Date. In no event, shall the conversion price on such PIK Amount be less than $0.10 or (ii) in shares of the Company’s Common Stock, $0.001 par value per share (“Common Stock”), at the closing price per share on the last business day of such calendar quarter immediately preceding such Interest Payment Date, rounded down to the nearest whole share on such Interest Payment Date. The “PIK Amount” shall, in respect of any Interest Payment Date, be an amount equal to one-sixth of the interest otherwise payable on such Interest Payment Date. Any interest paid in kind by adding such interest then due to the unpaid principal amount shall be referred to as other Notes under the Indenture“PIK Interest.

Appears in 2 contracts

Sources: Note Agreement (MusclePharm Corp), Note (MusclePharm Corp)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), The Company promises to pay interest on the principal amount of this Note at 11 3/491/2% per annum from ________________, 20__ the date hereof until maturity [and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to as provided in the Registration Rights Agreement Agreement, dated January 20, 2011+ referred to below. ].* The Company will shall pay interest [and Liquidated DamagesAdditional Interest, if any, ,] semi-annually in arrears on June 15 February 15th and December 15 August 15th of each year, or if any such day is not a Business Day, on the next succeeding Business Day year (each, each an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid on the Notes (or one or more Predecessor Notes) or, if no interest has been paid, from the date of original issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________[August 15, 20__2011]:. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to borne by the extent lawfulNotes; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Liquidated Damages, if any, Additional Interest] (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will shall be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global If an Interest Payment Date is not a Business Day, payment may be made on the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note is was issued in connection with the Exchange Offer pursuant to which the 9½% Senior Notes due 2019 in like principal amount were exchanged for one or more Regulation S Permanent Global Exchange Notes. The Exchange Notes rank pari passu in right of payment with the Initial Notes. For any period in which the Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be due and owing on the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged Initial Note in full, this Regulation S Temporary Global Note shall in all other respects be entitled to connection with the same benefits as other Notes under the IndentureRegistration Rights Agreement.]**

Appears in 2 contracts

Sources: Indenture (Laredo Petroleum Holdings, Inc.), Indenture (Laredo Petroleum, Inc.)

Interest. ▇▇▇▇▇▇ American ▇▇▇▇▇▇ Holdings Corp., a Delaware corporation (the "Company"), promises and the entities listed on the “Schedule of Co-Issuers” hereto (the “Co-Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note at 11 3/49.750% per annum from ________________July 24, 20__ 2012 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company and the Co-Issuers, jointly and severally, will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 February 1 and December 15 August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; issuance;1 provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__20 . The Company and the Co-Issuers, jointly and severally, will pay interest (including post-petition interest in any proceeding under any Bankruptcy LawCode) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy LawCode) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Harland Clarke Holdings Corp), Indenture (Harland Clarke Holdings Corp)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), promises to pay interest Beginning on the principal amount issuance date of this Note (the “Issuance Date”), the outstanding principal balance of this Note shall bear interest, in arrears, at 11 3/4% a rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if anyequal to ten percent (10%), payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest quarterly on October 1, January 1, April 1 and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 July 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day year (each, an "Interest Payment Date"), commencing April 1, 2009, and on the Maturity Date. Interest on shall be payable at the Notes will accrue from option of the most recent date Maker in (A) cash or (B) in registered shares of the Maker’s common stock, par value $0.001 per share (the “Common Stock”); provided, however, (i) payment of interest in shares of Common Stock may only occur if during the 20 Trading Days immediately prior to which interest has been paid or, if no interest has been paid, from the applicable Interest Payment Date and through and including the date such shares of issuance; provided that if there is no existing Default Common Stock are issued to the Holder all of the Equity Conditions, unless waived by the Holder in writing, have been met and the payment of interestMaker shall have given the Holder notice in accordance with the notice requirements set forth below, and if this Note is authenticated between a record date referred (ii) as to on the face hereof and the next succeeding such Interest Payment Date, interest shall accrue from on or prior to such next succeeding Interest Payment Date; provided further that , the first Maker shall have delivered to the Holder’s account with The Depository Trust Company a number of shares of Common Stock to be applied against such interest payment equal to the quotient of (x) the applicable interest payment divided by (y) 90% of the average VWAP for the five (5) Trading Days immediately preceding the Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulDate. Interest will shall be computed on the basis of a 360-day year of twelve (12) 30-day months, shall compound monthly and shall accrue commencing on the Issuance Date. Until this Regulation S Temporary Global Furthermore, upon the occurrence of an Event of Default (as defined in Section 2.1 hereof), the Maker will pay interest to the Holder, payable on demand, on the outstanding principal balance of and unpaid interest on the Note from the date of the Event of Default until such Event of Default is exchanged for one or more Regulation S Permanent Global cured at the rate of the lesser of eighteen percent (18%) and the maximum applicable legal rate per annum. Notwithstanding the above, the Maker may not issue a number of shares of Common Stock in excess of the Maximum Monthly Interest Share Amount toward the payment of Interest, as to all outstanding Series A Notes and Series B Notes, in the Holder hereof shall not be entitled to receive payments aggregate, during any rolling twenty (20) Trading Day period. For purposes hereof, “Maximum Monthly Interest Share Amount” means 20% of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the principal Trading Market over the twenty (20) consecutive Trading Day period immediately prior to the same benefits as other Notes under the Indentureapplicable Interest Payment Date.

Appears in 2 contracts

Sources: Senior Secured Convertible Promissory Note (Urigen Pharmaceuticals, Inc.), Senior Secured Convertible Promissory Note (Urigen Pharmaceuticals, Inc.)

Interest. ▇▇▇▇▇▇ American Corp.ArcelorMittal, a Delaware corporation (the "Company"), promises to société anonyme organized under Luxembourg law will pay interest on the principal amount of this Note the US $500,000,000 Securities at 11 3/46.250% per annum from ________________February 28, 20__ 2012 until maturity and shall pay Maturity. Interest will be subject to adjustment in accordance with Article III of the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement Sixth Supplemental Indenture referred to below. The Company will pay interest and Liquidated DamagesAdditional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on June 15 February 25 and December 15 August 25 of each yearyear (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or if any such day the maturity date in respect of the Securities is not a Business DayDay in the Place of Payment, we will pay interest or principal, as the case may be, on the next succeeding Business Day. Payments postponed to the next Business Day (eachin this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, an "Interest Payment Date")and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Notes Securities will accrue from the most recent date to which interest has been paid Closing Date or, if no interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of issuance; provided that if there is no existing Default in the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of interestprincipal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, and if this Note is authenticated between a record date referred in which case interest will continue to accrue on the face hereof and Securities at the next succeeding Interest Payment Daterates set forth above, interest shall accrue from as the case may be, until the earlier of (a) the day on which all sums due in respect of such next succeeding Interest Payment Date; provided further Securities up to that day are received by the first Interest Payment Date shall be _____________, 20__. The Company will pay interest relevant Holder or (including post-petition interest b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess respect of the rate then in effect such Securities up to that seventh day, except to the extent lawful; it will pay interest (including post-petition interest that there is failure in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate subsequent payment to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenturerelevant Holders following such notification.

Appears in 2 contracts

Sources: Indenture (ArcelorMittal), Indenture (ArcelorMittal)

Interest. ▇▇▇▇▇▇ American Corp.Change Healthcare Holdings, LLC, a Delaware limited liability company (such Person, and its respective successors and assigns under the Indenture hereinafter referred to, being herein called the “Issuer”), Change Healthcare Finance, Inc., a Delaware corporation (such Person, and its respective successors and assigns under the "Company"Indenture hereinafter referred to, being herein called the “Co-Issuer” and, together with the Issuer, the “Issuers”), promises jointly and severally, promise to pay interest on the principal amount of this Note at 11 3/4% a rate per annum of 5.75% from ________________February 15, 20__ 20173 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company Issuers will pay interest and Liquidated Damages, if any, on this Note semi-annually in arrears on June 15 March 1 and December 15 September 1 of each year, or beginning September 1, 2017, or, if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"”). The Issuers will make each interest payment to the Holder of record of this Note on the immediately preceding February 15 and August 15 (each, a “Record Date”). Interest on the Notes this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. issuance.4 The Company Issuers will pay interest (including post-petition postpetition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to borne by this Note; the extent lawful; it will Issuers shall pay interest (including post-petition postpetition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulborne by this Note. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Change Healthcare Inc.), Indenture (Change Healthcare Inc.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), The Company promises to pay interest on the principal amount of this Note at 11 3/4% 9½% per annum from ________________, 20__ the date hereof until maturity [and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to as provided in the Registration Rights Agreement Agreement, dated January 20, 2011+ referred to below. ].* The Company will shall pay interest [and Liquidated DamagesAdditional Interest, if any, ,] semi-annually in arrears on June 15 February 15th and December 15 August 15th of each year, or if any such day is not a Business Day, on the next succeeding Business Day year (each, each an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid on the Notes (or one or more Predecessor Notes) or, if no interest has been paid, from the date of original issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________[August 15, 20__2011]:. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to borne by the extent lawfulNotes; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Liquidated Damages, if any, Additional Interest] (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will shall be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global If an Interest Payment Date is not a Business Day, payment may be made on the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note is was issued in connection with the Exchange Offer pursuant to which the 9½% Senior Notes due 2019 in like principal amount were exchanged for one or more Regulation S Permanent Global Exchange Notes. The Exchange Notes rank pari passu in right of payment with the Initial Notes. For any period in which the Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be due and owing on the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged Initial Note in full, this Regulation S Temporary Global Note shall in all other respects be entitled to connection with the same benefits as other Notes under the IndentureRegistration Rights Agreement.]**

Appears in 2 contracts

Sources: Indenture (Laredo Petroleum Holdings, Inc.), Indenture (Laredo Petroleum, Inc.)

Interest. ▇▇▇▇▇▇ American Corp.UAL Corporation, a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note as follows: Interest will accrue on this Note at 11 3/4a rate of [___]% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to on which interest has been paid or, if no interest has been paid, from the date of issuance; [Effective Date] and shall be payable in cash (except as provided that if there is no existing Default below) semi-annually in the payment of interest, and if this Note is authenticated between a record date referred to arrears on the face hereof and the next succeeding each Interest Payment Date, commencing June 30, 2006; provided, that the Company may elect on any Interest Payment Date on or prior to December 31, 2011 to pay such interest shall accrue from in Common Stock having a Market Price as of the close of business on the Business Day immediately preceding such next succeeding Interest Payment Date equal to the amount of the installment of interest which is due on such Interest Payment Date; provided further that such shares of Common Stock shall be freely transferable by the first Holders thereof, subject to any transfer restrictions contained in the Company’s Restated Certificate of Incorporation. The Company shall notify the Trustee and the Holders within five days prior to an Interest Payment Date if the Company shall be _____________, 20__. The Company will elect to pay interest (including post-petition such interest in any proceeding under any Bankruptcy Law) Common Stock on overdue principal and premiumsuch Interest Payment Date and, if anyin the case of payment in Common Stock, from time the Company shall certify to time the Trustee on demand at a rate that is 1% per annum in excess such Interest Payment Date the Market Price of the rate then in effect to Common Stock as of the extent lawful; it will pay Close of business on the Business Day immediately preceding such Interest Payment Date. All interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof The Company shall not be entitled to receive payments pay interest on overdue principal and on overdue installments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled from time to time on demand at the rate borne by the Notes plus 1.0% per annum and on overdue installments of interest (without regard to any applicable grace periods) to the same benefits as other Notes under the Indentureextent lawful.

Appears in 2 contracts

Sources: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), This Security shall accrue interest at an initial rate of 4.0% per annum. The Company promises to pay interest on the principal amount Securities in cash semiannually on each May 23 and November 23, commencing November 23, 2003, to Holders of this Note at 11 3/4% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, record on the next succeeding Business Day (eachimmediately preceding May 1 and November 1, an "Interest Payment Date")respectively. Interest on the Notes Securities will accrue from the most recent date to which interest has been paid orpaid, or if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Issue Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that until the first Interest Payment Date shall be _____________, 20__principal amount is paid or duly made available for payment. The Company will pay interest (including post-petition interest in on any proceeding under any Bankruptcy Law) on overdue principal amount at the interest rate borne by the Securities at the time such interest on the overdue principal amount accrues, compounded semiannually, and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, any (without regard to any applicable grace periods) from time to time on demand period), at the same interest rate to the extent lawfulcompounded semiannually. Interest (including Contingent Interest, if any) on the Securities will be computed on the basis of a 360-day year comprised of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The Company shall pay additional interest ("Contingent Interest") to the Holders during any six-month period (a "Contingent Interest Period") from May 23 to, but excluding, November 23 and from November 23 to, but excluding, May 23, with the initial six-month period commencing May 23, 2008, if the average of the Security Trading Price for one the five Trading Days ending on the third Trading Day immediately preceding the first day of the applicable Contingent Interest Period equals $1,200 or more Regulation S Permanent Global Notesmore. The amount of Contingent Interest payable per $1,000 principal amount of Securities in respect of any Contingent Interest Period shall equal 0.50% per annum on $1,000 of Securities. The Company will pay Contingent Interest, if any, in the Holder hereof shall not same manner as it will pay interest as described above. Upon determination that Holders will be entitled to receive payments of interest hereon; until so exchanged in fullContingent Interest for a Contingent Interest Period, this Regulation S Temporary Global Note shall in all other respects be entitled on or prior to the same benefits as other Notes under first day of such Contingent Interest Period, the IndentureCompany shall issue a press release and publish such information on its web site at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.

Appears in 2 contracts

Sources: Indenture (Kaydon Corp), Indenture (Kaydon Corp)

Interest. ▇▇▇▇▇▇ American Corp.ICON Health & Fitness, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/411.25% per annum from ________________April 9, 20__ 2002 until maturity and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated DamagesAdditional Interest, if any, semi-annually in arrears on June 15 July 1 and December 15 January 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________July 1, 20__2002. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesAdditional Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

Interest. ▇▇▇▇▇▇ American Corp.ArcelorMittal, a Delaware corporation (the "Company"), promises to société anonyme organized under Luxembourg law will pay interest on the principal amount of this Note the US $500,000,000 Securities at 11 3/44.500% per annum from ________________February 28, 20__ 2012 until maturity and shall pay Maturity. Interest will be subject to adjustment in accordance with Article III of the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement Sixth Supplemental Indenture referred to below. The Company will pay interest and Liquidated DamagesAdditional Amounts, if any, pursuant to Section 10.11 of the Indenture (as amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on June 15 February 25 and December 15 August 25 of each yearyear (each an Interest Payment Date) commencing on August 25, 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or if any such day the maturity date in respect of the Securities is not a Business DayDay in the Place of Payment, we will pay interest or principal, as the case may be, on the next succeeding Business Day. Payments postponed to the next Business Day (eachin this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, an "Interest Payment Date")and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Notes Securities will accrue from the most recent date to which interest has been paid Closing Date or, if no interest has already been paid, from the date it was most recently paid (each such period, an “Interest Period”). Interest on the Securities will be calculated in accordance with Section 3.10 of issuance; provided that if there is no existing Default in the Indenture. Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of interestprincipal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, and if this Note is authenticated between a record date referred in which case interest will continue to accrue on the face hereof and Securities at the next succeeding Interest Payment Daterates set forth above, interest shall accrue from as the case may be, until the earlier of (a) the day on which all sums due in respect of such next succeeding Interest Payment Date; provided further Securities up to that day are received by the first Interest Payment Date shall be _____________, 20__. The Company will pay interest relevant Holder or (including post-petition interest b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess respect of the rate then in effect such Securities up to that seventh day, except to the extent lawful; it will pay interest (including post-petition interest that there is failure in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate subsequent payment to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenturerelevant Holders following such notification.

Appears in 2 contracts

Sources: Indenture (ArcelorMittal), Indenture (ArcelorMittal)

Interest. North Atlantic Drilling Ltd., an exempted company limited by shares incorporated under the laws of Bermuda, with its registered trade offices at ▇▇▇-▇▇-▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇-▇▇-▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ American Corp.▇▇ ▇▇, a Delaware corporation Bermuda and registered with the Bermuda Registrar of Companies under number 45094 (the "Company"“Issuer”), promises to pay interest on the principal amount of this Note at 11 3/46.25% per annum from ________________January 31, 20__ 2014 until maturity and shall pay the Liquidated DamagesAdditional Amounts, if any, payable pursuant to Section 4.17 of the Registration Rights Agreement referred to belowIndenture. The Company Issuer will pay interest and Liquidated Damages, Additional Amounts (if any, ) semi-annually in arrears on June 15 February 1 and December 15 August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________August 1, 20__2014. The Company will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time at the rate equal to time on demand at a rate that is 1% per annum in excess of the then applicable interest rate then in effect on the Notes to the extent lawful; it will . The Issuer shall pay interest (including post-petition post‑petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodsperiod) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day 360‑day year of twelve 30-day 30‑day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: 2019 Notes Indenture (North Atlantic Drilling Ltd.), 2019 Notes Indenture (North Atlantic Drilling Ltd.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (a) Each Note will bear interest at the rate of _______ % per annum (the "CompanyCoupon Rate"), promises to pay interest on ) from the original date of issuance until the principal amount thereof becomes due and payable, and on any overdue principal and (to the extent that payment of this Note such interest is enforceable under applicable law) on any overdue installment of interest at 11 3/4% per annum from the Coupon Rate, compounded quarterly and payable (subject to the provisions of Article IV) quarterly in arrears on ______, ______, ______ and ______, of each year (each, an "Interest Payment Date", commencing on ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________), 20__to the person in whose name such Note or any predecessor Note is registered, at the close of business on the Regular Record Date for such interest installment, which shall be the close of business on the Business Day next preceding that Interest Payment Date. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy LawIf pursuant to the provisions of Section 2.11(c) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to Indenture the extent lawful; it will pay Notes are no longer represented by a Depository Note, the Company may select a Regular Record Date for such interest installment which shall be any date at least fifteen days before an Interest Payment Date. (including post-petition interest in any proceeding under any Bankruptcy Lawb) on overdue installments The amount of interest and Liquidated Damages, if any, (without regard to payable for any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest period will be computed (i) for any full 90-day quarterly interest payment period, on the basis of a 360-day year of twelve 30-day monthsmonths and (ii) for any period shorter than a full 90-day quarterly interest payment period for which interest payments are computed, on the basis of a 30-day month, and for periods of less than a month, the actual number of days elapsed per 30-day month. Until this Regulation S Temporary Global Note In the event that any date on which interest is exchanged for one payable on the Notes is not a Business Day, then payment of interest payable on such date will be made on the next succeeding day which is a Business Day (and without any interest or more Regulation S Permanent Global other payment in respect of any such delay), except that, if such Business Day is in the next succeeding calendar year, such payment shall be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date. (c) If at any time while the Property Trustee is the Holder of any Notes, the Holder hereof Trust or the Property Trustee is required to pay any taxes, duties, assessments or governmental charges of whatever nature (other than withholding taxes) imposed by the United States, or any other taxing authority, then, in any case, the Company will pay as additional interest ("Additional Interest") on the Notes held by the Property Trustee, such additional amounts as shall not be entitled to receive payments of interest hereon; until required so exchanged in fullthat the net amounts received and retained by the Trust and the Property Trustee after paying such taxes, this Regulation S Temporary Global Note shall in all duties assessments or other respects governmental charges will be entitled equal to the same benefits as amounts the Trust and the property Trustee would have received had no such taxes, duties, assessments or other Notes under the Indenturegovernment charges been imposed.

Appears in 2 contracts

Sources: Supplemental Indenture (Household International Inc), Supplemental Indenture (Household Capital Trust Vi)

Interest. ▇▇▇▇▇▇ American Corp.APCOA/Standard Parking, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/414% per annum from ________________January 11, 20__ 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 7 of the Registration Rights Agreement referred to below. Interest in the amount of 10% per annum will be paid in cash, and interest in the amount of 4% per annum will be paid in additional Notes (the "PIK Notes"). The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "" Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of such Notes issuance; provided PROVIDED that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further PROVIDED, FURTHER, that the first Interest Payment Date shall be _____________June 15, 20__2002. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global PIK Notes will be issued in denominations of $100.00 principal amount and integral multiples thereof. The amount of PIK Notes issued to any Holder will be rounded down to the nearest $100.00 with any fractional amount paid to such Holder in cash. PIK Notes will bear interest (including interest paid on the date of maturity of the Notes) and Liquidated Damages, the Holder hereof shall not be entitled if any, in a manner identical to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes issued under the Indenture. On the maturity date the Company will pay to the Holder 105% of the principal amount hereof, plus interest and Liquidated Damages, if any, then due.

Appears in 2 contracts

Sources: Indenture (Ap Holdings Inc), Indenture (Apcoa Standard Parking Inc /De/)

Interest. ▇▇▇▇▇▇ American Corp.Tops Holding Corporation, a Delaware corporation (the "Company"”) and Tops Markets, LLC, a New York limited liability company (“Tops Markets” and, together with the Company, the “Issuers”), promises promise to pay interest on the principal amount of this Note at 11 3/48.875% per annum from ________________December 20, 20__ 2012 until maturity and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated DamagesAdditional Interest, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________June 15, 20__2013. The Company Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a the interest rate that is 1% per annum in excess of on the rate then in effect to the extent lawfulNotes; it will they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesAdditional Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same interest rate to on the extent lawfulNotes. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. Until this Regulation Regulations S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as the other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Tops Markets Ii Corp), Indenture (Tops Holding Corp)

Interest. ▇▇▇▇▇▇ American Corp.CPM Holdings, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4% 10⅝% per annum from ________________, 20__ until maturity and shall pay the Liquidated DamagesSpecial Interest, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated DamagesSpecial Interest, if any, semi-annually in arrears on June 15 March 1 and December 15 September 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 12% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesSpecial Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (CPM Holdings, Inc.), Indenture (CPM Holdings, Inc.)

Interest. ▇▇▇▇▇▇ American Corp.Antero Resources Finance Corporation, a Delaware corporation (such corporation, and its successors and assigns under the "Company"Indenture hereinafter referred to, being herein called the “Issuer”), promises to pay interest on the principal amount of this Note Security at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowshown above. The Company Issuer will pay interest semiannually on August 1 and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 February 1 of each yearyear commencing February 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")2012. Interest on the Notes Securities will accrue from the most recent date to which interest has been paid on the Securities or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestAugust 1, 2011. The Issuer shall pay interest on overdue principal, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time premium (plus interest on demand at a rate that is 1% per annum in excess of the rate then in effect such interest to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages), if any, (without regard to any applicable grace periods) from time to time on demand at the same rate borne by the Securities to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until If an exchange offer (the “Exchange Offer”) registered under the Securities Act is not consummated or a shelf registration statement (the “Shelf Registration Statement”) under the Securities Act with respect to resales of the Securities is not declared effective by the SEC or does not become automatically effective on or before the date that is 400 days after the Issue Date (the “Target Registration Date”) in accordance with the terms of the Registration Rights Agreement, dated as of August 1, 2011 (the “Registration Rights Agreement”), among the Issuer, the Guarantors and the initial purchasers named therein, the annual interest rate borne by the Securities shall be increased from the rate shown above by 1.00% per annum thereafter, until the Exchange Offer is completed or the Shelf Registration Statement is declared effective or becomes automatically effective. The Holder of this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the benefits of such Registration Rights Agreement. Additional Interest shall be paid to the same benefits Persons, in the same manner and at the same times as other Notes under the Indentureregular interest.

Appears in 2 contracts

Sources: Indenture (Antero Resources LLC), Indenture (Antero Resources Finance Corp)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation Solventum Corporation (the "Company"), ”) promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowdescribed above. The Company will pay Cash interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from from, and including, the most recent date to which interest has been paid paid; or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestFebruary 27, and if 2024. Interest on this Note is authenticated between a record date referred to on will be paid to, but excluding, the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first relevant Interest Payment Date or on such earlier date as the principal amount shall be _____________, 20__become due in accordance with the provisions hereof. The Company will pay interest (including postsemi-petition interest annually in arrears on each Interest Payment Date, beginning on September 1, 2024, and on the Stated Maturity. If any proceeding under any Bankruptcy Law) on overdue principal and Interest Payment Date, Stated Maturity or other payment date with respect to the Notes is not a Business Day, then payment of principal, premium, if any, and interest shall be made on the next succeeding Business Day with the same force and effect as if made on the date such payment was due, and no interest on such payment shall accrue on that payment for the period from time to time on demand at a rate that is 1% per annum in excess of and after such Interest Payment Date, Stated Maturity or other payment date, as the rate then in effect case may be, to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) date of that payment on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulnext succeeding Business Day. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The Company shall pay interest on overdue principal from time to time on demand at the rate borne by the Notes and at the same rate on overdue installments of interest (without regard to any applicable grace periods) to the extent lawful from the dates such amounts are due until such amounts are paid or made available for one payment. All references to any amount of interest or more Regulation S Permanent Global Notesany other amount payable on or with respect to the Notes shall be deemed to include payment of any interest payable as a consequence of the occurrence and continuation of a “Registration Default,” if applicable, as defined in the Registration Rights Agreement, dated as February 27, 2024, among the Company, the Holder hereof shall not be entitled to receive payments Guarantor and the representatives of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled the initial purchasers with respect to the same benefits as other Initial Notes under the Indentureparty thereto.

Appears in 2 contracts

Sources: First Supplemental Indenture (Solventum Corp), First Supplemental Indenture (3m Co)

Interest. ▇▇▇▇▇▇ American Corp.Viavi Solutions Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note Security at 11 3/4% a rate per annum from ________________, 20__ until maturity equal to 4.00% with respect to interest paid in cash (“Cash Interest”) and shall pay the Liquidated Damages, if any, payable pursuant 4.50% with respect to the Registration Rights Agreement referred to belowPIK Interest. The Company will pay interest and Liquidated Damagesinterest, if any, payable semi-annually in arrears arrears, on June 15 [●] and December 15 [●] of each year, or if any such day is not a Business Daybeginning on [●], on the next succeeding Business Day (each, an "Interest Payment Date")2024. Interest on the Notes Securities will accrue from on the principal amount from, and including, the most recent date to which interest has been paid or provided for or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestfrom, and if this Note is authenticated between a record date referred to on the face hereof and including, [●], 2024) in each case to, but excluding, the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The Company shall determine at least seven Business Days prior to any Interest Payment Date to pay Cash Interest or PIK Interest for one or more Regulation S Permanent Global Notesthe related interest period; provided that prior to any such election, the Holder hereof Company is deemed to have selected Cash Interest. In the event that the Company shall not be entitled determine to receive payments of pay PIK Interest for any interest hereon; until so exchanged in fullperiod, this Regulation S Temporary Global Note then the Company shall in all other respects be entitled deliver a notice (a “PIK Notice”) to the Trustee not less than seven (7) Business Days prior to the applicable Interest Payment Date. The Trustee, on behalf of the Company, shall promptly deliver a corresponding notice prepared by and provided by the Company to the Holders. For the avoidance of doubt, interest on the Securities in respect of any interest period for which a PIK Notice is not delivered in accordance with this paragraph must be paid entirely in cash. Any PIK Interest on the Securities will be payable to Holders and (x) with respect to the Global Securities, by increasing the principal amount of the outstanding Global Securities by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar), and the Trustee will, upon receipt of an authentication order from the Company, record such increase in principal amount and (y) with respect to Physical Securities, by issuing PIK Securities in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar), and the Trustee will, upon receipt of an authentication order from the Company, authenticate and deliver such PIK Securities in certificated form for original issuance to the Holders on the relevant record date, as shown by the records of the register of Holders. Following an increase in the principal amount of the outstanding Global Securities as a result of a PIK Payment, the Global Securities will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Securities issued in certificated form will be distributed to Holders, will be dated as of the applicable Interest Payment Date and will bear interest from and after such date. All Securities issued pursuant to a PIK Payment will mature on the Maturity Date and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as other Notes under the IndentureSecurities issued on the Issue Date. Any certificated PIK Security will be issued with the description “PIK Security” on the face of such PIK Security. Notwithstanding anything to the contrary, the payment of accrued interest in connection with any repurchases of the Securities as described in Article 3 of the Indenture shall be made solely in cash. The Company shall pay, in cash, interest on any overdue amount (including, to the extent permitted by applicable law, overdue interest) at the rate applicable to PIK Interest borne by the Securities. In certain circumstances, Special Interest will be payable in accordance with Section 6.01 of the Indenture (as defined below). Any reference to “interest” shall be deemed to include any such PIK Interest and/or Special Interest.

Appears in 2 contracts

Sources: Investment Agreement, Investment Agreement (Viavi Solutions Inc.)

Interest. ▇▇▇▇▇▇ American Corp.SFX Entertainment, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/49-1/8% per annum from ________________February 11, 20__ 1998 until maturity and shall pay the Liquidated Damages, if any, Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, Damages semi-annually in arrears on June 15 February 1 and December 15 August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________August 1, 20__1998. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (SFX Broadcasting Inc), Indenture (SFX Entertainment Inc)

Interest. ▇▇▇▇▇▇ American Corp.Ventas Realty, a Delaware corporation Limited Partnership and Ventas Capital Corporation (collectively, the "CompanyIssuers"), promises promise to pay interest on the principal amount of this Note at 11 3/4___% per annum from ________________, 20__ 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 ___________ and December 15 ___________ of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________, 20200__. The Company Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to effect; the extent lawful; it Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 2 contracts

Sources: Indenture (Ventas Inc), Indenture (Ventas Inc)

Interest. ▇▇▇▇▇▇ American Corp.Covad Communications Group, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/413 1/2 % per annum from ________________annum. Interest will not accrue until March 15, 20__ until maturity and 2003. Thereafter, the Company shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated DamagesA2-4 additional Interest, if any, semi-annually in arrears on June March 15 and December 15 of each yearSeptember 15, commencing on September 15, 2003, and Additional Interest , or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuanceFull Accretion Date; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________September 15, 20__2003. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Accreted Value will accrete between the date hereof and March 15, 2003, on a semi-annual bond equivalent basis using a 360-day year comprised of twelve 30-day months. All references in this Note and in the Indenture to "interest" shall be deemed to include any Additional Interest that may become payable thereon according to the provisions of the Indenture. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Covad Communications Group Inc)

Interest. ▇▇▇▇▇▇ American Corp.LPL Holdings, Inc., a Delaware corporation (the "Company"“Issuer”), promises to pay interest on the principal amount of this Note at 11 3/410,75% per annum from ________________December 28, 20__ 2005 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company Issuer will pay interest and Liquidated Damagesinterest, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________June 15, 20__2006. The Company will pay If, at any time prior to the first day on which the Initial Purchasers shall fail to own at least a majority in aggregate principal amount of the Notes then outstanding (exclusive of any Notes then held by the Issuer or any of its Affiliates), unless waived by the Initial Purchasers, a default in the payment when due of interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue on, principal and of, or premium, if any, from time to time on demand at a rate that on, the Notes or an Event of Default has occurred and is 1% per annum in excess of the rate continuing, then in effect each case this Note will accrue interest at the stated interest rate on this Note plus the Default Interest Rate until such time as no such Default or such Event of Default shall be continuing (to the extent lawful; it that the payment of such interest shall be legally enforceable). At any other time, any amounts payable under or in respect of this Note not paid when due will pay accrue interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same stated interest rate on this Note plus the Default Interest Rate until such time as such overdue amounts are paid in full, including any interest thereon (to the extent lawfulthat the payment of such interest shall be legally enforceable). Default Interest shall be payable in cash on demand. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenturemonths and actual days elapsed.

Appears in 1 contract

Sources: Indenture (LPL Investment Holdings Inc.)

Interest. ▇▇▇▇▇▇ American Corp.Automotive Group, Inc., a Delaware corporation (the "CompanyCOMPANY"), promises to pay interest on the principal amount of this Note at 11 3/49% per annum A2-2 from ________________June 5, 20__ 2002 until maturity and shall pay the Liquidated Damages, if any, Special Interest payable pursuant to Section 2 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, Special Interest semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment DateINTEREST PAYMENT DATE"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________December 15, 20__2002. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Special Interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Temporary Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Temporary Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Crown Battleground LLC)

Interest. ▇▇▇▇▇▇ American Corp.TransDigm Inc., a Delaware corporation (such corporation, and its successors and assigns under the "Indenture, being herein called the “Company"), promises to pay interest on the principal amount of this Note at 11 3/4% 7¾% per annum from ________________, 20__ 20 until maturity and shall pay the Liquidated Damages, maturity; provided that if any, payable pursuant to a Registration Default (as defined in the Registration Rights Agreement referred Agreement) occurs, additional interest (the “Additional Interest”) of $0.05 per week per $1,000 principal amount of Notes will accrue on the Notes for the first 90-day period immediately following the occurrence of a Registration Default (increasing by an additional $0.05 per week per $1,000 principal amount of Notes with respect to beloweach subsequent 90-day period until all Registration Defaults have been cured, up to a maximum additional interest rate of 1.00% per annum). The Company will shall pay interest and Liquidated Damages, if any, Additional Interest semi-annually in arrears on June January 15 and December July 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________, 20__20 . The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of equal to the interest rate on the Note then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Additional Interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Transdigm Inc)

Interest. ▇▇▇▇▇▇ American Corp.Insight Communications Holdings, Inc., a Delaware corporation (the "CompanyIssuer"), promises to pay interest on the principal amount of this Note at 11 3/412 1/4% per annum from ________________February 15, 20__ 2006 until maturity and shall pay the Liquidated Damages, if any, Damages payable pursuant to, and to the extent required by, Section 5 of the Registration Rights Agreement referred to below. No interest will accrue on the Notes prior to February 15, 2006. Instead, the Accreted Value of each Note will increase (representing amortization of original issue discount) between the date of original issuance and February 15, 2006, at a rate of 12 1/4% calculated on a semi-annual bond equivalent basis using a 360-day year comprised of twelve 30-day months, such that the Accreted Value on February 15, 2006 will be equal to the full principal amount at maturity of the Notes. Beginning on February 15, 2006, interest on the Notes will accrue at a rate of 12 1/4% per annum The Company Issuer will pay interest and Liquidated Damages, if any, Damages semi-annually in arrears on June February 15 and December August 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuanceFebruary 15, 2006; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________August 15, 20__2006. The Company will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to effect; the extent lawful; it will Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Senior Discount Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Insight Communications Co Inc)

Interest. ▇▇▇▇▇▇ American Corp.This Security will bear interest from October 6, a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, 2009 or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid oror duly provided for, if no interest has been paidsemi-annually in arrears on February 15 and August 15 of each year (each, from an "INTEREST PAYMENT DATE"), subject to Section 1.08 of the date of issuance; provided that if there is no existing Default in Indenture, commencing February 15, 2010, at the payment of interestrate per annum equal to 4.125%, and if to but excluding August 15, 2010. Interest on this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date Security shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed calculated on the basis of a 360-day year composed of twelve 30-day months. Until Interest payable on this Regulation S Temporary Global Note is exchanged Security on any Interest Payment Date will include interest for the immediately preceding Interest Period. The interest so payable and punctually paid or duly provided for on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name this Security (or one or more Regulation S Permanent Global NotesPredecessor Securities) is registered at the close of business on the Regular Record Date for such interest, which shall be the February 1 or August 1, as the case may be, immediately preceding the relevant Interest Payment Date. Any interest which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date shall forthwith cease to be payable to the registered Holder hereof on the relevant Regular Record Date by virtue of having been such Holder, and may be paid to the Person in whose name this Security (or one or more Predecessor Securities) is registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Company, notice whereof shall be given to the Holders of Securities not less than 10 days prior to such Special Record Date, or may be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Securities may be listed, and upon such notice as may be required by such exchange, all as more fully provided in the Indenture. From and after August 15, 2010, the Company will no longer be required to pay cash interest. The Original Principal Amount of this Security shall accrete daily at the Applicable Yield on a semiannual bond equivalent basis using a 360-day year composed of twelve 30-day months. The Applicable Yield shall be 0% prior to August 15, 2010 and 4.125% per annum on and after August 15, 2010, until Stated Maturity. At Stated Maturity, the Holder hereof shall not be entitled to of this Security will receive payments $1,700.28 for each $1,000 Original Principal Amount of interest hereon; until so exchanged in fullSecurities, which is the fully Accreted Principal Amount of this Regulation S Temporary Global Note shall in all other respects be entitled to Security on such date, unless the same benefits as other Notes under the IndentureSecurity has been earlier redeemed, purchased or converted.

Appears in 1 contract

Sources: Supplemental Indenture (DST Systems Inc)

Interest. ▇▇▇▇▇▇ American Corp.(a) Interest payable on any Interest Payment Date, a Delaware corporation the Maturity Date or, if applicable, the Redemption Date, with respect to each series of Notes shall be the amount of interest accrued from, and including, the immediately preceding Interest Payment Date in respect of which interest has been paid or duly provided for (or from and including the "Company"original issue date of March 19, 2019, if no interest has been paid or duly provided for with respect to the series of Notes) to, but excluding, such Interest Payment Date, Maturity Date or, if applicable, Redemption Date, as the case may be (each, an “Interest Period”), promises to pay interest . (i) Interest on the principal amount of this Note at 11 3/4% per annum 2024 Notes shall accrue from ________________March 19, 20__ until maturity 2019 and shall pay the Liquidated Damages, if any, be payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 March 19 and December 15 September 19 of each yearyear (each, a “2024 Notes Interest Payment Date”), beginning on September 19, 2019 to, but excluding, the 2024 Notes Maturity Date or, if applicable, the 2024 Notes Redemption Date, of the 2024 Notes. (ii) Interest on the 2029 Notes shall accrue from March 19, 2019 and shall be payable semi-annually in arrears on March 19 and September 19 of each year (each, a “2029 Notes Interest Payment Date”), beginning on September 19, 2019 to, but excluding, the 2029 Notes Maturity Date or, if applicable, the 2029 Notes Redemption Date, of the 2029 Notes. (iii) Interest shall be payable to the Persons in whose names the relevant Notes of each series are registered at the close of business on the March 4 or if any such day is September 4 (whether or not a Business Day), on the next succeeding Business Day respectively, immediately prior to each Interest Payment Date (each, an "a “Record Date”) at the annual rate of 4.375% per year in the case of the 2024 Notes and 5.150% per year in the case of the 2029 Notes, except as provided in Section 2.05(b) hereof and in Section 2.04 of the Base Indenture. (iv) The amount of interest payable for any full semi-annual Interest Payment Date"). Interest on the Period in respect of a series of Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed calculated on the basis of a 360-day year consisting of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged The amount of interest payable for one or more Regulation S Permanent Global Notesany period shorter than a full semi-annual Interest Period in respect of a series of Notes will be calculated on the basis of a 30-day month and, for any period less than a month, the Holder hereof shall amount of interest will be calculated on the basis of the actual number of days elapsed per 30-day month. If any scheduled Interest Payment Date for a series of Notes falls on a day that is not a Business Day, then payment of interest payable on such Interest Payment Date will be entitled postponed to receive the next succeeding day that is a Business Day (and no interest on such payment will accrue for the period from and after such scheduled Interest Payment Date). (v) In the event that the Maturity Date or a Redemption Date for any Note falls on a day that is not a Business Day, then the related payments of principal, premium, if any, and interest hereon; until so exchanged will be made on the next succeeding day that is a Business Day (and no additional interest will accrue on the amount payable for the period from and after such Maturity Date or Redemption Date, as the case may be). (b) Interest due on the Maturity Date or a Redemption Date (in fulleach case, this Regulation S Temporary Global Note shall in all other respects whether or not an Interest Payment Date) of any Notes will be entitled paid to the same benefits as other Person to whom principal of such Notes under the Indentureis payable.

Appears in 1 contract

Sources: Eighth Supplemental Indenture (Synchrony Financial)

Interest. The ▇▇▇▇▇▇▇ American Corp., a Delaware corporation ▇▇▇▇▇▇ Corporation (the "Company"), “Issuer”) promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowdescribed above. The Company will pay Cash interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid paid; or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestand including March 2, and if 2017. Interest on this Note is authenticated between a will be paid to but excluding the relevant Interest Payment Date or on such earlier date as the principal amount shall become due in accordance with the provisions hereof. Interest will be payable to the Holder of record date referred to on the face hereof and Regular Record Date, provided, however, interest payable on the next succeeding Stated Maturity will be paid to the person to whom the principal will be payable. The Issuer will pay interest semi-annually in arrears on each Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first commencing September 2, 2017. If any Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess or the Stated Maturity of the rate Notes is not a Business Day, then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments related payment of interest and Liquidated Damagesor principal payable, if anyas applicable, (without regard to any applicable grace periods) from time to time on demand at such date will be paid on the next succeeding Business Day with the same rate to the extent lawfulforce and effect as if made on such Interest Payment Date or Stated Maturity and no further interest will accrue as a result of such delay. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, The Issuer shall pay interest on overdue principal from time to time on demand by the Holder hereof shall not be entitled Trustee pursuant to receive payments Section 5.3 of the Base Indenture (defined below) at the rate borne by the Notes and on overdue installments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled (without regard to any applicable grace periods) to the same benefits as other Notes under the Indentureextent lawful.

Appears in 1 contract

Sources: Eighth Supplemental Indenture (Schwab Charles Corp)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (a) Each Debenture will bear interest at the rate of 10.125% per annum (the "CompanyCoupon Rate")) from and including June 21, promises to pay 2001 until the principal thereof becomes due and payable, and will bear interest on any overdue principal at the principal amount Coupon Rate and (to the extent that payment of this Note such interest is enforceable under applicable law) on any overdue installment of interest at 11 3/4% per annum from ________________the Coupon Rate ("Additional Interest") until paid, 20__ until maturity and shall pay the Liquidated Damages, if anycompounded quarterly, payable pursuant (subject to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually provisions of Article IV) quarterly in arrears on the 15th day of September, December, March and June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day year (each, an "Interest Payment Date"). Interest , commencing on September 15, 2001 to the Person in whose name such Debenture is registered at the close of business on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the Record Date next preceding such Interest Payment Date. The "Record Date" for payment of interest, and if this Note is authenticated between a record date referred to on interest will be one Business Day before the face hereof and the next succeeding Interest Payment Date, unless such Debenture is registered to a holder other than the Property Trustee or a nominee of the Depositary, in which case the Record Date for payment of interest shall accrue from such next succeeding will be the fifteenth calendar day before the applicable Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__whether or not a Business Day. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premiumUntil liquidation, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then Trust, each Debenture will be held in effect to the extent lawful; it will pay interest name of the Property Trustee in trust for the benefit of the holders of the Trust Securities. (including post-petition interest in any proceeding under any Bankruptcy Lawb) on overdue installments The amount of interest and Liquidated Damages, if any, (without regard to payable for any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest period will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note In the event that any date on which interest is exchanged for one or more Regulation S Permanent Global Notespayable on the Debentures is not a Business Day, the Holder hereof shall not be entitled to receive payments then payment of interest hereon; until so exchanged payable on such date will be made on the next succeeding day which is a Business Day (and without any interest or other payment in fullrespect of any such delay), this Regulation S Temporary Global Note shall in all other respects be entitled to with the same benefits force and effect as other Notes under if made on the Indenturedate such payment was originally payable.

Appears in 1 contract

Sources: Supplemental Indenture (Senior Housing Properties Trust)

Interest. Diamond 1 Finance Corporation, a Delaware corporation (“▇▇▇▇▇ American Corp.1”), and Diamond 2 Finance Corporation, a Delaware corporation (“▇▇▇▇▇ 2” and, together with ▇▇▇▇▇ 1, the "Company"“Fincos”), promises promise to pay interest on the principal amount of this Note 2023 Note, subject to adjustment pursuant to Section 2 of this 2023 Note, at 11 3/45.450% per annum (the “Original Interest Rate”), from ________________June 1, 20__ 2016 until maturity Maturity and shall pay the Liquidated DamagesSpecial Interest, if any, payable pursuant to the Registration Rights Agreement referred Agreement. Upon consummation of the Transactions, (x) ▇▇▇▇▇ 1 will merge with and into Dell International and Dell International will assume the obligations of ▇▇▇▇▇ 1 pursuant to belowthe Effective Date Issuers Supplemental Indenture and (y) ▇▇▇▇▇ 2 will merge with and into EMC and EMC will assume the obligations of ▇▇▇▇▇ 2 pursuant to the Effective Date Issuers Supplemental Indenture, in each case under this 2023 Note. The Company will Issuers shall pay interest and Liquidated DamagesSpecial Interest, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the 2023 Notes will shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuanceJune 1, 2016; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________December 15, 20__2016. The Company will Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a the interest rate that is 1% per annum in excess of on the rate then in effect 2023 Notes to the extent lawful; it will the Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesSpecial Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same interest rate to on the extent lawful2023 Notes. Interest will shall be computed on the basis of a 360-day year comprised of twelve 30-day months. Until this Regulation S Temporary Global Note The interest rate on the 2023 Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application. This note is exchanged for one or more Regulation S Permanent Global Notesof the series designated on the face hereof (individually, a “2023 Note” and, collectively, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture“2023 Notes”).

Appears in 1 contract

Sources: Supplemental Indenture (Denali Holding Inc.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), promises to pay a) The Holders of Tortoise Notes will bear interest on their Tortoise Notes at the principal amount Applicable Rate, determined as set forth in paragraph (c) of this Note at 11 3/4% per annum Section 2.02, and no more, payable on the respective dates determined as set forth in paragraph (b) of this Section 2.02. Interest on the Outstanding Tortoise Notes of any series issued on the Original Issue Date shall accrue from ________________the Original Issue Date. (i) Interest shall be payable, 20__ until maturity and shall pay subject to subparagraph (b)(ii) of this Section 2.02, on theTortoise Notes, with respect to any Rate Period on the Liquidated Damagesfirst Business Day following the last day of such Rate Period; provided, however, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears Rate Period is greater than 30 days then on June 15 and December 15 a monthly basis on the first Business Day of each yearmonth within such Rate Period, or if any not including the initial Rate Period, and on the Business Day following the last day of such Rate Period. (ii) If a day for payment of interest resulting from the application of subparagraph (b)(i) above is not a Business Day, on then the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________the first Business Day following such day for payment of interest in the case of the Tortoise Notes designated as "Series A." (iii) The Issuer shall pay to the Paying Agent not later than 3:00 p.m., 20__New York City time, on the Business Day next preceding each Interest Payment Date for the Tortoise Notes, an aggregate amount of funds available on the next Business Day in the City of New York, New York, equal to the interest to be paid to all Holders of such Tortoise Notes on such Interest Payment Date. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof Issuer shall not be entitled required to receive payments establish any reserves for the payment of interest. (iv) All moneys paid to the Paying Agent for the payment of interest hereon; until so exchanged shall be held in full, trust for the payment of such interest by the Paying Agent for the benefit of the Holders specified in subparagraph (b)(v) of this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the IndentureSection 2.

Appears in 1 contract

Sources: Supplemental Indenture of Trust (Tortoise North American Energy Corp)

Interest. The ▇▇▇▇▇▇▇▇▇ American Corp.Corporation, a Delaware corporation (such corporation, and its successors and assigns under the Indenture hereinafter referred to, being herein called the "Company"), promises to pay interest on the principal amount of this Note Security at 11 3/4the rate per annum shown above[; provided, however, -------- ------- that if a Registration Default (as defined in the Registration Rights Agreement) occurs, interest will accrue on this Security at a rate of 0.50% per annum from ________________and including the date on which any such Registration Default shall occur to but excluding the date on which all Registration Defaults have been cured, 20__ until maturity and shall pay calculated on the Liquidated Damagesprincipal amount of this Security as of the date on which such interest is payable; provided, if anyhowever, payable pursuant that (i) no holder of Securities who is -------- ------- not entitled to the benefits of a Shelf Registration Rights Agreement referred Statement shall be entitled to belowreceive additional interest by reason of a Registration Default that pertains to a Shelf Registration Statement; and (ii) no holder of Securities constituting an unsold allotment from the original sale of the Securities or any other holder of Securities who is entitled to the benefits of a Shelf Registration Statement shall be entitled to receive additional interest by reason of a Registration Default that pertains to a Registered Exchange Offer. Such interest is payable in addition to any other interest payable from time to time with respect to this Security]/1/. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears semiannually on June April 15 and December October 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes Securities will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the April 20, 1999 [date of issuance; provided that if there is no existing Default in the payment issuance of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulAdditional Securities]. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global NotesThe Company shall pay interest on overdue principal at the rate borne by the Securities, the Holder hereof and it shall not be entitled to receive payments pay interest on overdue installments of interest hereon; until so exchanged at the same rate, in fulleach case, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indentureextent lawful.

Appears in 1 contract

Sources: Indenture (Marson Creative Fastener Inc)

Interest. ▇▇▇▇▇▇ American Corp.WICKES INC., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note Security from the Issue Date through and including December 15, 2003 at a rate equal to 11 3/45/8% per annum from ________________and thereafter (the “Second Interest Period”) at a rate equal to 18% per annum, 20__ until maturity and except a portion shall pay accrue as simple interest. The portion of the Liquidated Damagesinterest to be paid in cash shall be 11 5/8% per annum, plus, during the Second Interest Period, the amount of Excess Cash Flow, if any, payable for the Twelve Month Period ending immediately preceding applicable Interest Payment Date, as set forth in a notice the Trustee required pursuant to Section 4.01 of the Registration Rights Agreement referred Indenture, up to belowbut not exceeding an aggregate payment of 18% per annum. Cash interest to be paid out of Excess Cash Flow shall be paid on the second Interest Payment Date immediately succeeding the end of each fiscal quarter of the Company. To the extent the cash portion of the interest during the Second Interest Period is less than 18% per annum, the unpaid balance shall accrue as simple interest and be payable on the Maturity Date. If, during the Second Interest Period, the Company receives any Net Cash Proceeds from any Real Estate Asset Sales and all of the outstanding principal of the Securities has been paid, the Company shall pay on the next Interest Payment Date up to an amount equal to such Net Cash Proceeds all then accrued and unpaid interest on the Securities. The Company will pay the interest and Liquidated Damages, if any, semi-annually in arrears monthly on June 15 and December 15 of each yearInterest Payment Date, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")Day. Interest on the Notes Securities will accrue from the most recent date to on which interest has been paid paid, or, if no interest has been paid, from the date of original issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, The Company shall pay interest on overdue principal from time to time on demand at the Holder hereof rate borne by the Securities plus 2% per annum; it shall pay interest on overdue installments of interest (which shall not include any interest permitted to be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled accrued with respect to the same benefits as other Notes under Second Interest Period), without regard to any applicable grace periods, from time to time on demand at the Indenturerate borne by the Securities plus 2% per annum to the extent lawful.

Appears in 1 contract

Sources: Indenture (Wickes Inc)

Interest. ▇▇▇▇▇▇ American Corp.Grove Investors LLC, a Delaware limited liability company ("Grove Investors") and Grove Investors Capital, Inc., a Delaware corporation ("Grove Investors Capital" and together with Grove Investors, the "CompanyIssuers"), promises promise to pay interest on the principal amount of this Note Debenture at 11 3/414 1/2% per annum from ________________August 1, 20__ 1998 until maturity and shall pay the Liquidated Damages, if any, Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated Damages, if any, semi-annually in arrears quarterly on June 15 February 1, May 1, August 1 and December 15 November 1 (each an "Interest Payment Date") of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")Day. Interest on the Notes Debentures will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided PROVIDED that if there is no existing Default in the payment of interest, and if this Note Debenture is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further PROVIDED FURTHER, that the first Interest Payment Date shall be _____________November 1, 20__1998. The Company will Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Senior Debenture Agreement (Grove Investors Capital Inc)

Interest. ▇▇▇▇▇▇ American Corp.Key Energy Group, Inc., a Delaware Maryland corporation (the "CompanyCOMPANY"), promises to pay interest on the principal amount of this Note at 11 3/4___% per annum from _______________ __, 2019__ until maturity and shall pay the Liquidated Damages, if any, Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, Damages semi-annually in arrears on June March 15 and December September 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment DateINTEREST PAYMENT DATE"). Interest on the Notes will accrue from the most recent date to which interest has been paid hereunder or, if no interest has been paidpaid hereunder, from the date of issuancethat this Note was first released from Escrow (as defined in the Indenture) together with any accrued and unpaid interest on the Loan that was converted into this Note under the Bridge Loan Agreement (as defined in the Indenture); provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be ____________ __, 2019__. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 12% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Key Energy Group Inc)

Interest. ▇▇▇▇▇▇ American Corp.NextWave Telecom Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/412% per annum from __________, 1999 until maturity. The Company will pay interest semi-annually on ______, 20____ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 __________ of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further and provided, further, that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged If the Company defaults in a payment of interest on the Notes then outstanding, it shall pay interest on such overdue amount at the rate of 15% per annum, which shall accrue from the date on which such payment became due and owing to the date on which payment of such overdue amount has been provided for one or has been made. If on the Maturity Date the Company defaults in a payment of principal on the Notes then outstanding, it shall pay default interest on such overdue amount at the rate of 15% per annum, which shall accrue from the date on which such payment became due and owing to the date on which payment of such overdue amount has been provided for or has been made. On each Interest Payment Date, the Company shall, in lieu of a payment in cash, execute and deliver to the Trustee for authentication, together with an Authentication Order given not less than 15 nor more Regulation S Permanent Global than 45 days prior to such Interest Payment Date for the authentication and delivery thereof, additional Notes ("Secondary Notes") in an aggregate principal amount equal to such interest due and payable on the Notes on such Interest Payment Date in accordance with Section 2.01(b) of the Indenture. The Trustee, in accordance with such Authentication Order, shall so authenticate and deliver to the Holders of record on such record date such Secondary Notes requested in such Authentication Order (such duly executed and authenticated Secondary Notes being of the same series as the Notes), and the due issuance of such Secondary Notes shall constitute full payment of such interest; provided, however, the Company may, at its option, duly authorize the payment in cash of all or a portion of any interest due on any such Interest Payment Date, in lieu of a payment in Secondary Notes, by giving notice to the Holder hereof shall Holders and the Trustee not less than 15 nor more than 45 days prior to the record date for such Interest Payment Date; provided further, however, that in lieu of the issuance of any Secondary Note the principal amount of which (x) would be less than $1,000 or (y) would exceed the largest integral multiple of $1,000 which is less than or equal to such principal amount (in each case, a "Fractional Secondary Note"), the Company shall, in the case of clause (y), issue a Secondary Note with a principal amount equal to such largest integral multiple and shall, in the case of clauses (x) and (y), in its sole discretion, either (1) on behalf of and for the accounts of all Holders of Notes who would be entitled to receive payments Fractional Secondary Notes, aggregate all such Fractional Secondary Notes and, on or before the tenth Business Day following the applicable Interest Payment Date, sell such aggregated Fractional Secondary Notes and, within six Business Days of interest hereon; until so exchanged in fullsuch sale, this Regulation S Temporary Global pay each such Holder its proportionate share of the net proceeds of such sale, or (2) pay (on the Interest Payment Date) each such Holder, with respect to any Fractional Secondary Note shall in all other respects that such Holder would otherwise be entitled to receive, an amount in cash equal to the same benefits as other average closing price per $1,000 principal amount of Notes under for the Indentureten trading days preceding the Business Day immediately preceding the applicable Interest Payment Date multiplied by a fraction, the numerator of which is the principal amount of such Fractional Secondary Note otherwise issuable to such Holder and the denominator of which is $1,000. Each issuance of Secondary Notes in lieu of the payment of all or any portion of interest in cash on the Notes shall be made pro rata with respect to the outstanding Notes.

Appears in 1 contract

Sources: Indenture (Nextwave Personal Communications Inc)

Interest. ▇▇▇▇▇▇ American Corp.Sears Holdings Corporation, a corporation organized under the laws of Delaware corporation (the "Company"“Issuer”), promises to pay interest on the principal amount set forth on the face amount of this Note Note, as increased by any PIK Interest (as defined below), at 11 3/48% per annum from ________________December 15, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below2017. The Company Issuer will pay interest and Liquidated Damagesinterest, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuanceDecember 15, 2017; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________June 15, 20__2018. The Company Issuer will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand in cash at a rate that is 1% per annum in excess of the rate equal to the then in effect applicable interest rate on the Notes to the extent lawful; lawful and it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damagesinterest, if any, any (without regard to any applicable grace periods) from time to time on demand in cash at the same rate to the extent lawful; provided, that to the extent any such payment in cash described in this sentence is not permitted by the Second Lien Convertible Notes Indenture, such payment shall be made by making a PIK Payment. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Interest will be payable, at the election of the Issuer, in whole or, to the extent consistent with the procedures of the Depositary, in part as (a) cash interest (“Cash Interest”) and/or (b) by increasing the principal amount of the outstanding Global Notes, if any, and by issuing PIK Interest Notes with respect to the Holder hereof shall not Definitive Notes, if any (“PIK Interest”). Interest payable on the Interest Payment Date of June 15, 2018 will be entitled paid entirely in PIK Interest. In the event that the Issuer determines to receive payments pay any PIK Interest for any other interest period, then the Issuer will deliver a notice (a “PIK Notice”) to the Trustee no later than five (5) Business Days prior to the record date with respect to the applicable Interest Payment Date, which notice will state the total amount of interest hereon; until so exchanged in fullto be paid on the Interest Payment Date and the amount of such interest to be paid as PIK Interest. The Trustee, this Regulation S Temporary Global Note shall in all other respects be entitled on behalf of the Issuer, will promptly deliver a corresponding notice provided by the Issuer to the Holders. If the Issuer fails to timely make an election with respect to payment of interest on any Interest Payment Date (other than the Interest Payment Date of June 15, 2018), then interest shall be payable on such date in the same benefits form as other Notes under paid with respect to the Indentureimmediately preceding Interest Payment Date; provided, that the Issuer shall provide an Authentication Order to the Trustee in accordance with the Indenture on each Interest Payment Date on which the Issuer will pay PIK Interest whether or not the Issuer makes an election to pay PIK Interest with respect to such Interest Payment Date.

Appears in 1 contract

Sources: Second Supplemental Indenture (Sears Holdings Corp)

Interest. ▇▇▇▇▇▇ American Corp.K & F Industries, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/49 5/8% per annum from ________________December 20, 20__ 2002, until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________June 15, 20__2003. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, any (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (K&f Industries Inc)

Interest. ▇▇▇▇▇▇ American Corp.Nexstar Finance Holdings, Inc., a Delaware corporation corporation, and Nexstar Finance Holdings, L.L.C., a Delaware limited liability company (together, the "Company"), promises promise, jointly and severally, to pay interest on the principal amount of this Note at 11 3/416% per annum from ________________May 15, 20__ 2005 until maturity and shall to pay the Liquidated Damages, if any, Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, Damages semi-annually in arrears on June May 15 and December November 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest The Note will accrete at a rate of 16% per annum, compounded semi-annually to an aggregate principal amount of $36,988,000 at May 15, 2005. Thereafter, interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestMay 15, and if this Note is authenticated between a record date referred to 2005. No cash interest will be payable on the face hereof and the next succeeding Interest Payment DateNotes prior to November 15, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__2005. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Damages (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Nexstar Finance Holdings LLC)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), The Company promises to pay interest in cash on the principal amount Principal Amount at Maturity of this Note at 11 3/4% the rate per annum of 2.4912% from ________________the Issue Date, 20__ or from the most recent date to which interest has been paid or provided for, until maturity and shall pay July 30, 2008. During such period, the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay cash interest and Liquidated Damages, if any, semi-annually semiannually in arrears on June January 30 and July 30 of each year (each an "INTEREST PAYMENT DATE") to Holders of record at the close of business on each January 15 and December July 15 of each year, (whether or if any such day is not a Business Day, on the next succeeding Business Day business day) (each, an each a "REGULAR RECORD DATE") immediately preceding such Interest Payment Date"). Interest Cash interest on the Notes will accrue from the most recent date to which interest has been paid or duly provided or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Issue Date, . Cash interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until After July 30, 2008, this Regulation S Temporary Global Note Security shall not bear interest, except as specified in this paragraph or in paragraphs 5 and 11 hereof. If the Principal Amount at Maturity hereof or any portion of such Principal Amount at Maturity is exchanged not paid when due (whether upon acceleration pursuant to Section 6.02 of the Indenture, upon the date set for one payment of the Redemption Price pursuant to paragraph 5 hereof, upon the date set for payment of the Purchase Price or more Regulation S Permanent Global NotesChange of Control Purchase Price pursuant to paragraph 6 hereof or upon the Stated Maturity of this Security) or if interest (including contingent interest, if any) due hereon or any portion of such interest is not paid when due in accordance with paragraph 5 or 11 hereof, then in each such case the overdue amount shall, to the extent permitted by law, bear interest at the rate of 7.25% per annum, compounded semiannually, which interest shall accrue from the date such overdue amount was originally due to the date payment of such amount, including interest thereon, has been made or duly provided for. All such interest shall be payable on demand. The accrual of such interest on overdue amounts shall be in lieu of, and not in addition to, the Holder hereof shall not be entitled to receive payments continued accrual of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the IndentureOriginal Issue Discount.

Appears in 1 contract

Sources: Indenture (America West Holdings Corp)

Interest. ▇▇▇▇▇▇ American Corp.AMERCO, a Delaware Nevada corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4____% per annum from from__________, 2004 until maturity. The Company will pay interest quarterly in arrears on __________, ___________, ___________ and ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be ___be__________, 20__2004. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 12% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged METHOD OF PAYMENT. The Company will pay interest on the Notes (except defaulted interest) to the Persons who are registered Holders of Notes at the close of business on the ______________ or _______________ next preceding the Interest Payment Date, even if such Notes are canceled after such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the Indenture with respect to defaulted interest. The Notes will be payable as to principal and interest at the office or agency of the Company maintained for one such purpose within or more Regulation S Permanent Global Noteswithout the City and State of New York, or, at the Holder hereof shall not be entitled to receive payments option of the Company, payment of interest hereon; until so exchanged may be made by check mailed to the Holders at their addresses set forth in fullthe register of Holders, this Regulation S Temporary and provided that payment by wire transfer of immediately available funds will be required with respect to principal of and interest on all Global Note shall in Notes and all other respects be entitled Notes the Holders of which shall have provided wire transfer instructions to the same benefits Company or the Paying Agent at least ten Business Days prior to the applicable payment date. Such payment shall be in such coin or currency of the United States of America as other Notes under at the Indenturetime of payment is legal tender for payment of public and private debts.

Appears in 1 contract

Sources: Indenture (Amerco /Nv/)

Interest. ▇▇▇▇▇▇ American Corp.Targa Resources Partners LP, a Delaware limited partnership (“Targa Resources Partners”), and Targa Resources Partners Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with Targa Resources Partners, the "Company"“Issuers”), promises promise to pay interest on the principal amount of this Note their 6.625% Senior Notes due 2020 (the “Notes”) at 11 3/46.625% per annum from ________________May [9], 20__ 2015 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 April 1 and December 15 October 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________October 1, 20__2015. The Company Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, any (without regard to any applicable grace periods) ), from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Targa Resources Partners LP)

Interest. ▇▇▇▇▇▇▇▇▇ American Corp.Group, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note Security at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowshown above. The Company will pay interest and Liquidated Damagesinterest, if any, payable semi-annually in arrears arrears, on June 15 May 1 and December 15 November 1 of each year, or if any such day is not a Business Daywith the first payment to be made on May 1, on the next succeeding Business Day (each, an "Interest Payment Date")2010. Interest on the Notes Securities will accrue from on the principal amount from, and including, the most recent date to which interest has been paid or provided for or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestfrom, and if this Note is authenticated between a record date referred to on the face hereof and including, October 26, 2009, in each case to, but excluding, the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________or Maturity Date, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of as the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulcase may be. Interest will be computed on the basis of a 360-day year composed of twelve 30-day months. Until this Regulation S Temporary Global Note In addition, if the Contingent Interest Trading Price of a Security for each of the five (5) Trading Days (the “Contingent Interest Measurement Period”) ending on the third (3rd) Trading Day immediately preceding the first day of any six (6) month period (each a “Contingent Interest Period”) from and including an Interest Payment Date to but excluding the next Interest Payment Date, commencing with the six (6) month period beginning on November 1, 2017, is exchanged for equal to or greater than one or more Regulation S Permanent Global Notesthousand two hundred dollars ($1,200.00) per one thousand dollars ($1,000) principal amount of the Securities, then the Company shall pay contingent interest (“Contingent Interest”) to the Holders. The amount of Contingent Interest payable per $1,000 principal amount of Securities in respect of any Contingent Interest Period, if applicable, shall be equal to 0.375%, per annum, of the average Contingent Interest Trading Price per $1,000 principal amount of the Securities during the applicable Contingent Interest Measurement Period. Contingent Interest shall accrue from, and including, the Holder hereof first day of the applicable Contingent Interest Period through, but excluding, the Interest Payment Date at the end of such Contingent Interest Period, and Contingent Interest shall be payable to Holders in the same manner as regular cash interest. Regular cash interest shall continue to accrue at the per annum rate of 3.875% on the principal amount of the Securities whether or not be entitled Contingent Interest is paid. The Company shall instruct the Bid Solicitation Agent to receive payments determine the daily Contingent Interest Trading Prices of interest hereon; until so exchanged in fullthe Securities during each Contingent Interest Measurement Period during which any Securities are outstanding. Upon determining that the Securities shall begin to accrue Contingent Interest during a Contingent Interest Period, this Regulation S Temporary Global Note shall in all other respects be entitled the Company shall, on or before the start of such Contingent Interest Period, provide notice to the same benefits as other Notes under Trustee setting forth the Indentureamount of Contingent Interest per $1,000 principal amount of Securities and disseminate a press release through a public medium that is customary for such press releases.

Appears in 1 contract

Sources: First Supplemental Indenture (Jefferies Group Capital Finance Inc.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), The Company promises to pay interest on the principal amount of this Note at 11 3/4the rate of 9% per annum from ________________, 20__ the date of original issuance until maturity and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to the Registration Rights Agreement registration rights agreement referred to below. The Company will shall pay interest and Liquidated DamagesAdditional Interest, if any, semi-annually in arrears on June 15 1 and December 15 1 of each year, commencing December 1, 2005, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of original issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________December 1, 20__2005. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess payments of the principal, Purchase Price and Redemption Price at the rate then in effect to the extent lawfulstated above; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesAdditional Interest, if any, any (without regard to any applicable grace periods) from time to time on demand ), hereon at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note For purposes of the Interest Act (Canada), (i) the yearly rate of interest which is exchanged equivalent to the rate of interest for any period of less than one or more Regulation S Permanent Global Notesyear is the rate of interest for such period multiplied by a fraction, the Holder hereof shall not be entitled to receive payments numerator of which is the actual number of days in the 12-month period commencing on the first day of such period and the denominator of which is the actual number of days elapsed in such period, (ii) the principle of deemed reinvestment of interest hereon; until so exchanged does not apply to any interest calculation in full, respect of this Regulation S Temporary Global Note shall and (iii) the rates of interest stipulated in all other respects respect of this Note are intended to be entitled to the same benefits as other Notes under the Indenturenominal rates and not effective rates or yields.

Appears in 1 contract

Sources: Indenture (Griffiths Pile Driving Inc)

Interest. ▇▇▇▇▇▇ American Corp.Automotive Group, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/47.625% per annum from ________________March 26, 20__ 2007 until maturity and shall pay the Liquidated Damages, if any, Special Interest payable pursuant to Section 2 of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, Special Interest semi-annually in arrears on June March 15 and December September 15 of each yearyear and on maturity, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be _____________September 15, 20__2007. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Special Interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Asbury Automotive Group Inc)

Interest. ▇▇▇▇▇▇ American Corp.NEWCUP, LLC, a Delaware corporation limited liability company (the "Company"), promises to pay interest on the principal amount of this Series B Note at 11 3/414.26% per annum from ________________January 25, 20__ 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company will pay interest and Liquidated Damagesquarterly on March 31, if anyJune 30, semi-annually in arrears on June 15 September 30 and December 15 31 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Series B Notes will accrue from the most recent date to on which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestprovided, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________March 31, 20__2002. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on all due and unpaid amounts outstanding under the Series B Notes (including overdue principal and installments of principal, premium, if any, or interest), from time to time on demand at a rate that is 1equal to 2% per annum in excess of the interest rate then otherwise specified in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damagesthis Series B Note, if anycompounded quarterly, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one Notwithstanding the foregoing, with respect to any Interest Payment Date other than the Interest Payment Date occurring March 31, 2004 (the "Mandatory Cash Pay Date") or more Regulation S Permanent Global Notesany Interest Payment Date occurring after December 31, 2006, the Company may defer the interest hereunder due on such Interest Payment Date (each calendar quarter or portion thereof ending on any Interest Payment Date on which the Company elects to defer the interest due on this Note as permitted hereunder is referred to herein as a "PIK Quarter") and such deferred interest, computed at the rate per annum set forth in clause (ii) next following (the "PIK Interest"), shall become a part of the principal due hereunder as of the Interest Payment Date such interest became due, shall earn interest as provided hereunder and shall be due and payable on March 31, 2007 unless the amounts due hereunder are accelerated pursuant to the terms of the Agreement prior to maturity; provided that (i) the Company notifies each Holder hereof in writing of its election to defer the interest due on any Interest Payment Date at least five days prior to such Interest Payment Date, (ii) interest shall be deemed to have accrued at a rate of 15.26% per annum during each PIK Quarter and (iii) the total number of PIK Quarters after the earlier of (a) the first Interest Payment Date in which interest is paid in cash or (b) the Mandatory Cash Pay Date (the earlier of the foregoing clauses (a) and (b) is referred to herein as the "Cash Pay Date"), shall not be entitled to receive payments exceed the lesser of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled (x) eight (8) minus the number of PIK Quarters occurring prior to the same benefits as other Notes under the IndentureCash Pay Date and (y) six (6).

Appears in 1 contract

Sources: Note Purchase Agreement (Sf Holdings Group Inc)

Interest. ▇▇▇▇▇▇ American Corp.Venture Global Plaquemines LNG, LLC, a Delaware corporation limited liability company (the "Company"), promises to pay interest on the principal amount of this Note (as defined herein) at 11 3/46.500% per annum from ________________December 9, 20__ 2025 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the 6.500% Senior Secured Notes due 2034 (the “Notes”) will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Unmatured Event of Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________June 15, 20__2026. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 10.50% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate equal to 0.50% per annum in excess of the then applicable interest rate on the Notes of such series to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Second Supplemental Indenture (Venture Global, Inc.)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), The Company promises to pay interest in cash on the principal amount Principal Amount at Maturity of this Note at 11 3/4% the rate per annum of 1.6155% from ________________the Issue Date, 20__ or from the most recent date to which interest has been paid or provided for, until maturity and shall pay September 24, 2009. During such period, the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay cash interest and Liquidated Damages, if any, semi-annually semiannually in arrears on June 15 March 24 and December 15 September 24 of each year, or if any such day is not a Business Day, on the next succeeding Business Day year (each, each an "Interest Payment Date")) to Holders of record at the close of business on each March 9 or September 9 (whether or not a business day) (each a "Regular Record Date") immediately preceding such Interest Payment Date. Interest Cash interest on the Notes Securities will accrue from the most recent date to which interest has been paid or duly provided or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Issue Date, . Cash interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until After September 24, 2009, this Regulation S Temporary Global Note Security shall not bear interest, except as specified in this paragraph or in paragraphs 5 and 11 hereof. If the Principal Amount at Maturity hereof or any portion of such Principal Amount at Maturity is exchanged not paid when due (whether upon acceleration pursuant to Section 6.02 of the Indenture, upon the date set for one payment of the Redemption Price pursuant to paragraph 6 hereof, upon the date set for payment of the Purchase Price or more Regulation S Permanent Global NotesChange in Control Purchase Price pursuant to paragraph 7 hereof or upon the Stated Maturity of this Security) or if cash interest (including semiannual or Contingent Cash Interest, if any) due hereon or any portions of such cash interest is not paid when due in accordance with paragraphs 5 or 11 hereof, then in each such case the overdue amount shall, to the extent permitted by law, bear interest at the rate of 4.25% per annum, compounded semiannually, which interest shall accrue from the date such overdue amount was originally due to the date payment of such amount, including interest thereon, has been made or duly provided for. All such interest shall be payable on demand. The accrual of such interest on overdue amounts shall be in lieu of, and not in addition to, the Holder hereof continued accrual of Original Issue Discount or cash interest. Original Issue Discount (the difference between the Issue Price and the Principal Amount at Maturity of the Security), in the period during which a Security remains outstanding, shall not be entitled to receive payments accrue at 4.25% per annum beginning on September 24, 2009, on a semiannual bond equivalent basis using a 360-day year composed of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenturetwelve 30-day months.

Appears in 1 contract

Sources: Indenture (Selective Insurance Group Inc)

Interest. ▇▇▇▇▇▇ American Corp.Post Holdings, Inc., a Delaware Missouri corporation (the "Company"), promises to pay or cause to be paid interest on the principal amount of this Note at 11 3/46.375% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 March 1 and December 15 September 1 of each year, commencing March 1, 2025, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestthat, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of higher than the then applicable interest rate then in effect on the Notes to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damagesinterest, if any, any (without regard to any applicable grace periods) from time to time on demand period), at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global NotesIf any interest payment date, the Holder hereof Maturity Date, any redemption date or any earlier required repurchase date falls on a day that is not a Business Day, the required payment will be made on the next succeeding Business Day and no interest will accrue in respect of the additional days. If an interest payment date is a Legal Holiday at a place of payment, payment may be made at that place on the next succeeding day that is not a Legal Holiday, and no interest shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to accrue on such payment for the same benefits as other Notes under the Indentureintervening period.

Appears in 1 contract

Sources: Indenture (Post Holdings, Inc.)

Interest. ▇▇▇▇▇▇ American Corp.Hilton Grand Vacations Borrower LLC, a Delaware limited liability company (the “Issuer”), and Hilton Grand Vacations Borrower Inc., a Delaware corporation (the "Company"“Co-Issuer” and, together with the Issuer, the “Issuers”), promises jointly and severally, promise to pay interest on the principal amount of this Note at 11 3/4% a rate per annum of 6.500% (subject to any reset pursuant to paragraph 4 below) from ________________October 24, 20__ 2016 until maturity and shall to pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to the Registration Rights Agreement referred expected to be entered into on the Reset Date (as defined below). The Company Issuers will pay interest and Liquidated Damages, if any, on this Note semi-annually in arrears beginning on the Reset Date (the “Initial Interest Payment Date”) and on June 15 1 and December 15 1 of each yearyear thereafter, or or, if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"”). The Issuers will make each interest payment to the Holder of record of this Note on the immediately preceding May 15 and November 15 (or, in the case of the Initial Interest Payment Date, the calendar day immediately preceding the Reset Date) (each, a “Record Date”). Interest on the Notes this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestand including October 24, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__2016. The Company Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to borne by this Note; the extent lawful; it will Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulborne by this Note. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Hilton Grand Vacations Inc.)

Interest. (a) D▇ ▇▇▇▇▇▇ American Corp.Snapple Group, Inc., a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/46.12% per annum from ________________, 20__ until maturity and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to as provided in Section 2(e) of the Registration Rights Agreement referred to belowAgreement. The Company will shall pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 May 1 and December 15 November 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid on this Note (or one or more Predecessor Notes) or, if no interest has been paid, from the date of issuance[April 30, 2008]1; provided provided, however, that [if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that provided, further, that]2 the first Interest Payment Date shall be _____________[November 1, 20__. 2008].3 The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of equal to the interest rate then in effect to under the extent lawfulIndenture and this Note; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated DamagesAdditional Interest, if any, any (without regard to any applicable grace periods) ), from time to time on demand at the same rate to the extent lawful. Interest will shall be computed on the basis of a 360-day year of twelve 30-day months. (b) The interest rate payable on this Note will be subject to adjustments from time to time if either of M▇▇▇▇’▇ or S&P (or, in either case, any Substitute Rating Agency thereof), downgrades (or subsequently upgrades) the debt rating assigned to this Note, in the manner described below. Until If the rating of this Regulation S Temporary Global Note from M▇▇▇▇’▇ or any Substitute Rating Agency thereof is exchanged for one or more Regulation S Permanent Global Notesdecreased to a rating set forth in the immediately following table, the Holder hereof shall not be entitled to receive payments interest rate on this Note will increase from the interest rate payable on this Note on the Issue Date by the percentage set forth opposite that rating: M▇▇▇▇’▇ Rating* Percentage Ba1 0.25 % Ba2 0.50 % Ba3 0.75 % B1 or below 1.00 % * Including the equivalent ratings of interest hereon; until so exchanged in full, any Substitute Rating Agency. 1 Issue Date is inserted for Initial Notes. Insert issue date for Additional Notes of this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the IndentureSeries. 2 Insert if appropriate.

Appears in 1 contract

Sources: Indenture (Dr Pepper Snapple Group, Inc.)

Interest. ▇▇▇▇▇▇ American Corp.Platinum Group Metals Ltd., a Delaware British Columbia corporation (the "Company"), promises to pay interest on the principal amount of this Note Security at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowshown above. The Company will pay interest and Liquidated Damagesinterest, if any, payable semi-annually in arrears arrears, on June 15 January 1 and December 15 July 1 of each year, with the first payment to be made on January 1, 2018. Interest will be paid in cash or if any such day is not at the Company’s election, in Common Shares or in a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")combination of cash and Common Shares. Interest on the Notes Securities will accrue from on the principal amount from, and including, the most recent date to which interest has been paid or provided for or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestfrom, and if this Note is authenticated between a record date referred to on the face hereof and including, June 30, 2017, in each case to, but excluding, the next succeeding Interest Payment interest payment date or Maturity Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that as the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawfulcase may be. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global NotesFor purposes only of providing the disclosure required by the Interest Act (Canada), the Holder hereof shall not be entitled to receive payments yearly rate of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled for purposes of that Act that is equivalent to the same benefits as other Notes rate payable under the Securities is the rate payable under the Securities multiplied by the actual number of days in the year divided by 360. The term “interest” includes (i) any Additional Interest payable pursuant to Section Error! Reference source not found. and Section Error! Reference source not found. of the Indenture., and (ii) any Additional Amounts payable pursuant to Section Error! Reference source not found. of the Indenture. If the Company pays Interest in whole or in part in Common Shares, then the number of Common Shares a Holder will receive will be that number of Common Shares equal to the quotient of (i) the amount of the interest to be paid to such holder in Common Shares, divided by (ii) the product of (a) the simple average of the Daily VWAP of the Common Shares for the 10 consecutive Trading Days ending on the second Trading Day immediately preceding the payment date multiplied by (b) 92.5% . The Company will inform Holders through the Trustee on the relevant payment date of the number of Common Shares and amount of cash, if any, payable. The Company will not issue fractional shares and instead will pay cash in lieu of fractional Common Shares if permitted under this Indenture or, at its election, round up the number of Common Shares deliverable to the next higher whole number of Common Shares

Appears in 1 contract

Sources: Supplement to Indenture (Platinum Group Metals LTD)

Interest. ▇▇▇▇▇▇ American Corp.SoftBrands, Inc., a Delaware corporation corporation, and Atlantis Merger Sub, Inc., a Delaware corporation, (such corporations, and their successors and assigns under the "Company"Indenture hereinafter referred to, being herein called the “Issuers”), promises promise to pay interest on the principal amount of this Note at 11 3/411.5% per annum from ________________July 5, 20__ 2011 until maturity and shall pay the Liquidated DamagesAdditional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated Damages, if any, semi-annually in arrears on June every July 15 and December January 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestprovided, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________January 15, 20__2012. The Company will Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will specified herein, and they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (including Additional Interest) (without regard to any applicable grace periodsperiod) from time to time on demand at the same rate to the extent lawful. Interest on the Notes will be computed on the basis of a 360-day year comprised of twelve 30-day months. In addition to the rights provided to Holders of the Notes under the Indenture, Holders of [Exchange Securities] (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of July 5, 2011, among the Issuers, the Guarantors named therein and the other parties named on the signature pages thereto (the “Registration Rights Agreement”), including the right to receive Additional Interest in certain circumstances. If applicable, Additional Interest shall be paid to the same Persons, in the same manner and at the same times as regular interest. [Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.]

Appears in 1 contract

Sources: Indenture (Trisyn Group, Inc.)

Interest. ▇▇▇▇▇▇ American Linn Energy, LLC, a Delaware limited liability company (the “Company”), and Linn Energy Finance Corp., a Delaware corporation (the "“Finance Corp.” and, together with the Company", the “Issuers”), promises jointly and severally promise to pay interest on the principal amount of this Note at 11 3/47.75% per annum from ________________September 13, 20__ 2010 until maturity and shall pay the Liquidated Damages, if any, Additional Interest payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Company Issuers will pay interest and Liquidated DamagesAdditional Interest, if any, semi-annually in arrears on June March 15 and December September 15 of each yearyear (each an “Interest Payment Date”), or if any such commencing March 15, 2011. If an Interest Payment Date falls on a day that is not a Business Day, the interest payment to be made on such Interest Payment Date will be made on the next succeeding Business Day (each, an "with the same force and effect as if made on such Interest Payment Date"), and no additional interest will accrue solely as a result of such delayed payment. Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that , except in the first Interest Payment Date case of the original issuance of Notes, in which case interest shall be _____________, 20__accrue from the date of authentication. The Company will Issuers shall pay (i) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of higher than the then applicable interest rate then in effect to on the extent lawful; it will pay Notes and (ii) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, Additional Interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Linn Energy, LLC)

Interest. ▇▇▇▇▇▇ American Corp.Each of JII Holdings, LLC, a Delaware corporation limited liability company (the "Company"), and JII Holdings Finance Corporation, a Delaware corporation ("JII Finance" and together with the Company, the "Issuers"), jointly and severally, promises to pay interest on the principal amount of this Note at 11 3/413% per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Article 14 of the Registration Rights Agreement referred to belowIndenture. The Company Issuers will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 February 1 and December 15 August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided provided, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company initial interest payment made on August 1, 2004 shall be in an amount equal to the sum of (1) interest accruing on the Notes since the date of issuance and (2) interest accruing on the Old JII Notes that are exchanged in the JII Exchange Offer from February 1, 2004 to, but not including, the date of issuance of the Notes. The Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Jordan Industries Inc)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (the "Company"), promises to pay Floating Rate Shelf Notes shall bear interest on the unpaid balance thereof, during each Interest Period, at a rate per annum equal to the LIBOR Rate or Prime Rate, as applicable, in respect of such Interest Period. The LIBOR Rate in respect of any such Interest Period shall be determined (a) by Prudential so long as Prudential Affiliates hold at least 66 2/3% of the aggregate principal amount of this Note the Shelf Notes outstanding at 11 3/4% per annum from ________________such time, 20__ until maturity and shall pay (b) in all other circumstances, by the Liquidated Damages, if any, payable pursuant to holder(s) of the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 largest aggregate principal amount of each year, or if any Floating Rate Shelf Notes outstanding at such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")time. Interest on the Floating Rate Shelf Notes will accrue from shall (1) be payable (w) on the most recent last day of each Interest Period or if such Interest Period is longer than three (3) months, on the date to which interest has been paid oroccurs three (3) months after the first day of such Interest Period, if no interest has been paid, from (x) on the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to any prepayment (on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if anyamount prepaid), (without regard to any applicable grace periodsy) from time to time at maturity (whether accelerated or otherwise) and (z) after such maturity, on demand at the same rate to the extent lawful. Interest will demand; and (2) be computed on the basis actual number of days elapsed over, in the case of any Floating Rate Shelf Note bearing interest at the LIBOR Rate, a year of 360 days and, in the case of any Floating Rate Shelf Note bearing interest at the Prime Rate, a year of 365 or 366 days, as the case may be. (i) The initial Interest Period for each Series of Floating Rate Shelf Notes shall be as provided in the applicable Confirmation of Acceptance in respect of such Series. Thereafter, in an irrevocable written notice received from the Company by each holder of a 360-day year Floating Rate Shelf Note of twelve 30-day monthssuch Series no later than 12:00 noon New York City time on the third Business Day prior to the end of an Interest Period with respect to any outstanding Floating Rate Shelf Note, the Company shall elect the next applicable Interest Period for such Shelf Note; provided, that (a) at no time may more than one Interest Period be in effect with respect to each Series of Floating Rate Shelf Notes and (b) the Company may not select any Interest Period for any Series of Floating Rate Shelf Notes that would extend beyond the maturity date of such Series of Shelf Notes. Until this Regulation S Temporary Global Such change in Interest Period shall be effective as of the end of the then current Interest Period. (ii) If the Company fails to properly give any notice with respect to any outstanding Floating Rate Shelf Note is exchanged for one pursuant to Section 8.9(a)(i) in a timely manner, the Company shall be deemed to have elected an Interest Period of equivalent duration to the immediately preceding Interest Period. Promptly after the beginning of each Interest Period, at the written request of the Company, Prudential or more Regulation S Permanent Global the holder of the greatest aggregate principal amount of the applicable Series of Floating Rate Shelf Notes, as provided in clause (i) of this Section 8,9, shall notify the Holder hereof Company of the LIBOR Rate or Prime Rate for such Interest Period. Failure to give any such notice shall not affect the obligations of the Company hereunder nor create any liability on any holder of such Shelf Note. Each determination of the applicable interest rate on any portion of the outstanding principal amount of such Series of Floating Rate Shelf Notes for any Interest Period by such holder of the Shelf Notes of the applicable Series in accordance with this Section 8.9(a)(ii) shall be entitled to receive payments conclusive and binding upon the Company and all holders of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other such Shelf Notes under the Indentureabsent manifest error.

Appears in 1 contract

Sources: Master Shelf and Note Purchase Agreement (Brown & Brown Inc)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation (a) Each Debenture will bear interest at the rate of ____% per annum (the "CompanyCoupon Rate"), promises to pay interest on the principal amount of this Note at 11 3/4% per annum ) from _____________, _____, 20__ or the most recent date on which interest has been paid in full, until maturity the principal thereof becomes due and shall pay payable, and on any overdue principal and (to the Liquidated Damagesextent that payment of such interest is enforceable under applicable law) on any overdue installment of interest at the Coupon Rate, if anycompounded quarterly, payable pursuant (subject to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually provisions of Article IV) quarterly in arrears on March 1, June 15 1, September 1 and December 15 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day year (each, an "Interest Payment Date"). Interest , commencing on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, 20__. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium___, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfulHolder of such Debenture or any Predecessor Debenture (as defined in the Base Indenture), at the close of business on the record date for such Interest Payment Date, which record date (the "Regular Record Date") shall be, (i) in respect of (A) Debentures of which the Institutional Trustee is the only Holder and the related Trust Preferred Securities are in book-entry only form or (B) a Global Debenture, the close of business on the Business Day next preceding that Interest Payment Date; it will pay and (ii) in respect of Debentures other than as set forth in (i) such Regular Record Date as the Company may select for such interest installment, which shall be any date at least one Business Day before an Interest Payment Date. (including post-petition interest in any proceeding under any Bankruptcy Lawb) on overdue installments The amount of interest and Liquidated Damages, if any, (without regard to payable for any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will full quarterly period shall be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global NotesExcept as provided in the following sentence, the Holder hereof shall not be entitled to receive payments amount of interest hereon; until payable for any period shorter than a full quarterly period for which interest is computed, shall be computed on the basis of 30-day months and, for periods of less than a month, the actual number of days elapsed per 30-day month. In the event that any date on which interest is payable on the Debentures is not a Business Day, then payment of interest payable on such date shall be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay), except that, if such Business Day is in the next succeeding calendar year, such payment shall be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date. (c) If, at any time while the Institutional Trustee is the Holder of any Debentures, the Trust or the Institutional Trustee shall be required to pay any taxes, duties, assessments or governmental charges of whatever nature (other than withholding taxes) imposed by the United States, or any other taxing authority, then, in any such case, the Company shall pay as additional interest ("Additional Interest") on the Debentures held by the Institutional Trustee such additional amounts as shall be required so exchanged in fullthat the net amounts received and retained by the Trust and the Institutional Trustee after paying such taxes, this Regulation S Temporary Global Note shall in all duties, assessments or other respects governmental charges will be entitled equal to the same benefits as amounts the Trust and the Institutional Trustee would have received had no such taxes, duties, assessments or other Notes under the Indenturegovernment charges been imposed.

Appears in 1 contract

Sources: Second Supplemental Indenture (Unocal Corp)

Interest. ▇▇▇▇▇▇ American Corp.[Reorganized Comdisco, Inc.], a Delaware [Delaware] corporation (the "Company") and [New Leasing Co., Inc.] a [Delaware] corporation ("NLC" and, together with the Company, the "Issuers"), promises promise to pay interest on the principal amount of this Note at 11 3/4the rate of 11.0% per annum from ______________ ___, 20__ 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company Issuers will pay interest and Liquidated Damages, if any, semi-annually quarterly in arrears on September 30, December 31, March 31 and June 15 and December 15 30 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"); provided, however, that prior to the payment in full of all Senior Indebtedness, amounts in respect of regularly scheduled interest on the Notes shall be paid in kind by the issuance of Additional Notes equal in amount to the interest payment due (rounded to the nearest whole dollar) on such Interest Payment Date. Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided provided, however, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be ___________ ___, 20__2002. The Company will Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Comdisco Inc)

Interest. ▇▇▇▇▇▇ American Corp.M/I Homes, a Delaware Inc., an Ohio corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4% the rate per annum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Company will pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date")set forth above. Interest on the Notes this Note will accrue from the most recent date to which interest has been paid or duly provided for, or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interestSeptember 11, and if this Note is authenticated between a record date referred to on the face hereof and 2012, to, but excluding, the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________set forth above until September 15, 20__2017. The Company will shall pay interest (including postsemi-petition interest annually in any proceeding under any Bankruptcy Law) arrears on overdue principal and premiumeach Interest Payment Date set forth above, if any, from time to time on demand at a rate that is 1% per annum in excess commencing as of the rate then in effect Interest Payment Date referred to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments above, to Holders of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand record at the same rate to close of business on the extent lawfulapplicable Interest Record Date set forth above. Interest will be computed on the basis of a 360-day year composed of twelve 30-day monthsmonths and, in the case of a partial month, the actual number of days elapsed. Until Additional Interest will be payable on this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global as set forth in Section 8.14(a) of the Supplemental Indenture and Defaulted Interest on this Note as set forth in Section 3.02(f)(iv) of the Supplemental Indenture will be payable on any Defaulted Amounts at the rate of interest borne by the Notes, from, and including, the Holder hereof relevant payment date to, but excluding, the date on which such Defaulted Amounts shall have been paid by the Company in accordance with the Indenture. Any reference to interest on, or in respect of, this Note herein or in the Indenture shall be deemed to include any Defaulted Interest if, in such context, Defaulted Interest is, was or would be payable pursuant to Section 3.02(f)(iv) of the Supplemental Indenture. Any express mention of Defaulted Interest in any provision of this Note or the Indenture shall not be entitled to receive payments of interest hereon; until so exchanged construed as excluding Defaulted Interest in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenturethose provisions hereof or thereof where such express mention is not made.

Appears in 1 contract

Sources: Supplemental Indenture (M I Homes Inc)

Interest. ▇▇▇▇▇▇ American Corp., a Delaware corporation Ventas Canada Finance Limited (the "Company"), “Issuer”) promises to pay interest on the principal amount of this Note at 11 3/42.55% per annum from ________________June 1, 20__ 2017 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to belowmaturity. The Company Issuer will pay interest and Liquidated Damages, if any, semi-annually in arrears in equal instalments (except the initial interest payment) on June March 15 and December September 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). The initial interest payment payable on September 15, 2017 will be in an amount equal to Cdn$7.40547945 per Cdn$1,000 principal amount. Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuanceJune 1, 2017; provided provided, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first initial Interest Payment Date shall be _____________September 15, 20__2017. The Company Issuer will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to effect; the extent lawful; it Issuer will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest For any interim period (other than a full semi-annual period), the rate of interest applicable to the Note will be computed on the basis of a 360365-day year. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notescalculation, the Holder hereof shall not be entitled to receive payments such rate of interest hereon; until so exchanged shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in full, this Regulation S Temporary Global Note shall the calendar year of calculation and dividing such product by the number of days in all other respects be entitled to the same benefits as other Notes under the Indenturedeemed year.

Appears in 1 contract

Sources: Fourth Supplemental Indenture (Ventas Inc)

Interest. ▇▇▇▇▇▇ American Corp.The Houston Exploration Company, a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at 11 3/4___% per annum from ____________, 1998 until ____________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below2008. The Company will shall pay interest and Liquidated Damages, if any, semi-annually in arrears on June 15 __________ and December 15 __________ of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuanceIssue Date; provided that if there is no existing Default in the payment of interest, and if this Note is -------- (****) This paragraph should be included only if the Note is a Global Note. 151 authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further provided, further, that the first Interest Payment Date shall be ____________ __, 20__1998. The Company will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% equal to the per annum in excess of rate on the rate Notes then in effect to the extent lawfuleffect; it will shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.

Appears in 1 contract

Sources: Indenture (Houston Exploration Co)