Common use of Rates Applicable After Default Clause in Contracts

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.9, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. Upon the occurrence and during the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Eurodollar Advance shall bear interest, after as well as before judgment, for the remainder of the applicable Interest Period at the lesser of (x) the Eurodollar Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) plus 2% per annum and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance shall bear interest, after as well as before judgment, at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding the Applicable Margin for Level V plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, during the continuance of a Default under Section 7.6 or Section 7.7, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Credit Extensions without any election or action on the part of the Agent or any Lender. Default interest shall be payable on demand.

Appears in 2 contracts

Samples: Assignment Agreement (Shaw Group Inc), Credit Agreement (Shaw Group Inc)

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Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.9this Agreement, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower Borrowers (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued (after the expiration of the then current Interest Period) as a Eurodollar Fixed Rate Advance, provided that, notwithstanding the foregoing, any outstanding Eurocurrency Advance may be continued for an Interest Period not to exceed one month after such notice to the Borrowers by the Required Lenders. Upon the occurrence and during the continuance of a Default any Default, the Required Lenders may, at their option, by notice to the Borrower Company (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders as to changes in and interest rates), ) declare that (i) each Eurodollar Fixed Rate Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of rate otherwise applicable to such Interest Period (x) the Eurodollar Rate calculated by adding with the Applicable Margin for Level V (as set forth on automatically adjusted to the Pricing Schedulehighest amount provided in the definition of Applicable Margin, notwithstanding where the Applicable Margin would otherwise be set) plus 2% per annum annum, and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance and any other amount due under this Agreement shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding the Applicable Margin for Level V otherwise applicable to Floating Rate Loans plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, upon and during the continuance of a Default under Section 7.6 or Section 7.7any acceleration for any reason of any of the Obligations, the interest rates rate set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Credit Extensions Advances without any election or action on the part of the Administrative Agent or any Lender. Default interest shall be payable on demand.

Appears in 2 contracts

Samples: Loan Agreement (Myers Industries Inc), Loan Agreement (Myers Industries Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.9this Agreement, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower Borrowers (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued (after the expiration of the then current Interest Period) as a Eurodollar Fixed Rate Advance, provided that, notwithstanding the foregoing, any outstanding Eurocurrency Advance may be continued for an Interest Period not to exceed one month after such notice to the Borrowers by the Required Lenders. Upon the occurrence and during the continuance of a Default any Default, the Required Lenders may, at their option, by notice to the Borrower Company (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders as to changes in and interest rates), ) declare that (i) each Eurodollar Fixed Rate Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of rate otherwise applicable to such Interest Period (x) the Eurodollar Rate calculated by adding with the Applicable Margin for Level V (as set forth on automatically adjusted to the Pricing Schedulehighest amount provided in the definition of "Applicable Margin", notwithstanding where the Applicable Margin would otherwise be set) plus 2% per annum annum, and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance and any other amount due under this Agreement shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding otherwise applicable to Floating Rate Loans (with the Applicable Margin for Level V plus 2% per annum and (y) automatically adjusted to the Highest Lawful Rate and (iii) highest amount provided in the LC Fee shall be calculated by using definition of "Applicable Margin", notwithstanding where the Applicable Margin for Level V increased by would otherwise be set) plus 2% per annum, provided that, upon and during the continuance of a Default under Section 7.6 or Section 7.7any acceleration for any reason of any of the Obligations, the interest rates rate set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Credit Extensions Advances without any election or action on the part of the Agent or any Lender. Default interest shall be payable on demand.

Appears in 2 contracts

Samples: Loan Agreement (Myers Industries Inc), Loan Agreement (Myers Industries Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.9, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 8.5 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. Upon the occurrence and during During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 8.5 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Eurodollar Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of (x) the Eurodollar Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) rate otherwise applicable to such Interest Period plus 2% per annum and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance (other than an Advance under the Swingline) shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding the Applicable Margin for Level V in effect from time to time plus 2% per annum and (y) the Highest Lawful Rate and (iii) each of the LC Fee Letter of Credit fees described in Section 2.20.1 shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, during the continuance of a Default under Section 7.6 or Section 7.7, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee Letter of Credit fees set forth in clause (iii) above shall be applicable to all Credit Extensions Advances (other than an Advance under the Swingline) without any election or action on the part of the Administrative Agent or any Lender. If any Advance under the Swingline is not paid at maturity, whether by acceleration or otherwise, or during the continuance of a Default, LaSalle may, at its option, by written notice to Borrower and the Administrative Agent (which notice may be revoked at LaSalle’s option notwithstanding any provision of Section 8.5 requiring unanimous consent of the Lenders to changes in interest rates), declare that each Swingline Advance shall bear interest at a rate per annum equal to the otherwise applicable rate plus 2% per annum; provided that during the continuance of a Default under Section 7.6 or 7.7, the interest rate for all Swingline Advances shall be payable the rate per annum equal to the otherwise applicable rate plus 2% per annum without any election or action on demandthe part of LaSalle.

Appears in 2 contracts

Samples: Assignment Agreement (Vectren Corp), Credit Agreement (Vectren Corp)

Rates Applicable After Default. Notwithstanding anything to the ------------------------------ contrary contained in Section 2.8 or Section 2.9, during the continuance of a Default or Unmatured Default Default, the Required Lenders may, at their option, by notice to Borrower and the Borrower Agent (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued as a Eurodollar LIBOR Advance. Upon the occurrence and If any Advance is not paid at maturity, whether by acceleration or otherwise, or during the continuance of a Default Default, the Required Lenders may, at their option, by written notice to Borrower and the Borrower Agent (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (ia) each Eurodollar LIBOR Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable LIBOR Interest Period at the lesser of rate otherwise applicable to such LIBOR Interest Period plus Two Percent (x2%) the Eurodollar Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) plus 2% per annum annum, and (y) the Highest Lawful Rate, (iib) each Floating Rate ABR Advance shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of otherwise applicable rate plus ---- Two Percent (x2%) the Floating Rate calculated by adding the Applicable Margin for Level V plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, during the continuance of a Default under Section 7.6 or Section 7.7, the interest rates set forth in clauses (ia) and (ii) above and the increase in the LC Fee set forth in clause (iiib) above shall be applicable to all Credit Extensions Advances without any election or action on the part of the Agent or any Lender. Default If any Advance under the Swingline is not paid at maturity, whether by acceleration or otherwise, or during the continuance of a Default, NBD may, at its option, by written notice to Borrower and the Agent (which notice may be revoked at its option notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that each Swingline Advance shall be payable on demand.bear interest at a rate per annum equal to the otherwise applicable rate plus Two Percent (2%) per annum. ----

Appears in 1 contract

Samples: Credit Agreement (Finish Line Inc /De/)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 2.8, 2.9 or Section 2.92.10, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. Upon From and after the occurrence and during the continuance date upon which any payment of a Default principal of any Advance, any interest on any Advance or any LC Fees otherwise due hereunder is not timely paid as required hereunder, the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) the principal amount of each Eurodollar Advance not timely paid shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period (or until earlier repaid) at the lesser of (x) the Eurodollar Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) rate otherwise applicable to such Interest Period plus 2% per annum and (y) the Highest Lawful Rateannum, (ii) the principal amount of each Floating Rate Advance not timely paid shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of Floating Rate in effect from time to time plus 2% per annum until repaid, (xiii) the Floating Rate calculated LC Fee rate with respect to such unpaid amount of LC Fees shall be increased by adding the Applicable Margin for Level V plus 2% per annum and (yiv) without duplication of any increases in the Highest Lawful Rate applicable interest rates imposed pursuant to the foregoing clauses (i) and (iiiii), that portion of the principal amount of any (x) Eurodollar Advance with respect to which a payment of interest is not timely paid shall bear interest for the LC Fee shall be calculated by using remainder of the Applicable Margin for Level V increased by applicable Interest Period (or until such overdue interest amount is earlier repaid) at the rate otherwise applicable to such Interest Period plus 2% per annum, and (y) Floating Rate Advance upon which a payment of interest is not timely paid shall bear interest at a rate per annum equal to the Floating Rate in effect from time to time plus 2% per annum until such overdue interest amount is repaid, provided that, during the continuance of a Default under Section 7.6 or Section 7.7, the interest rates set forth in clauses (i), (ii) and (iiiv) above and the increase in the LC Fee set forth in clause (iii) above shall shall, in the event of any such late payment of principal, interest or LC Fees, be applicable to all Credit Extensions without any election or action on the part of the Administrative Agent or any Lender. Default interest shall be payable on demand.

Appears in 1 contract

Samples: Credit Agreement (Maytag Corp)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.92.2, during the continuance of a Default or Unmatured Default (except for (a) Unmatured Defaults that will be cured, and that the Borrower certifies will be cured, by the use of the proceeds of a Revolving Credit Advance that the Borrower has requested hereunder or by the issuance, amendment or extension of a Letter of Credit that the Borrower has requested hereunder or (b) Unmatured Defaults (other than the failure to pay any Obligation hereunder) that are not reasonably likely to have a Material Adverse Effect and that the Borrower certifies that it reasonably expects to cure before the date on which the same becomes a Default) the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 9.2 requiring unanimous consent of the Lenders under the Revolving Credit Facility to changes in interest ratesrates under the Revolving Credit Facility), declare that no Revolving Credit Advance may be made as, converted into or continued (after the then applicable Interest Period therefor) as a Eurodollar Fixed Rate Advance. Upon the occurrence and during During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Eurodollar Fixed Rate Advance shall bear interest, after as well as before judgment, for interest at the remainder of the rate otherwise applicable to such Interest Period at the lesser of (x) the Eurodollar Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) plus 2% per annum and (y) the Highest Lawful Rate, (ii) each Floating Rate ABR Advance shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Alternate Base Rate calculated by adding the Applicable Margin for Level V in effect from time to time plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, during the continuance of a Default under Section 7.6 8.5 or Section 7.78.6, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Revolving Credit Extensions Advances without any election or action on the part of the Administrative Agent or any Lender. Default interest shall be payable on demand.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.9this Agreement, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower Borrowers (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued (after the expiration of the then current Interest Period) as a Eurodollar Fixed Rate Advance, provided that, notwithstanding the foregoing, any outstanding Eurocurrency Advance may be continued for an Interest Period not to exceed one month after such notice to the Borrowers by the Required Lenders. Upon the occurrence and during the continuance of a Default any Default, the Required Lenders may, at their option, by notice to the Borrower Company (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders as to changes in and interest rates), ) declare that (i) each Eurodollar Fixed Rate Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of rate otherwise applicable to such Interest Period (x) the Eurodollar Rate calculated by adding with the Applicable Margin for Level V (as set forth on automatically adjusted to the Pricing Schedulehighest amount provided in the definition of "Applicable Margin", notwithstanding where the Applicable Margin would otherwise be set) plus 2% per annum annum, and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance and any other amount due under this Agreement shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding otherwise applicable to Floating Rate Loans (with the Applicable Margin for Level V plus 2% per annum and (y) automatically adjusted to the Highest Lawful Rate and (iii) highest amount provided in the LC Fee shall be calculated by using definition of "Applicable Margin", notwithstanding where the Applicable Margin for Level V increased by would otherwise be set) plus 2% per annum, provided that, upon and during the continuance of a Default under Section 7.6 or Section 7.7any acceleration for any reason of any of the Obligations, the interest rates rate set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Credit Extensions Advances without any election or action on the part of the Agent or any Lender. Default interest shall be payable on demand.2.10

Appears in 1 contract

Samples: Execution Copy (Myers Industries Inc)

Rates Applicable After Default. Notwithstanding anything to the ------------------------------ contrary contained in Section 2.8 or Section 2.9, during the continuance of a Default or Unmatured Default Default, the Required Lenders may, at their option, by notice to Borrower and the Borrower Agent (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued as a Eurodollar LIBOR Advance. Upon the occurrence and If any Advance is not paid at maturity, whether by acceleration or otherwise, or during the continuance of a Default Default, the Required Lenders may, at their option, by written notice to Borrower and the Borrower Agent (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (ia) each Eurodollar LIBOR Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable LIBOR Interest Period at the lesser of rate otherwise applicable to such LIBOR Interest Period plus Two Percent (x2%) the Eurodollar Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) plus 2% per annum annum, and (y) the Highest Lawful Rate, (iib) each Floating Rate ABR Advance shall bear interest, after as well as before judgment, interest at ---- a rate per annum equal to the lesser of otherwise applicable rate plus Two Percent (x2%) the Floating Rate calculated by adding the Applicable Margin for Level V plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% ---- per annum, provided that, during the continuance of a Default under Section 7.6 or Section 7.7, the interest rates set forth in clauses (ia) and (ii) above and the increase in the LC Fee set forth in clause (iiib) above shall be applicable to all Credit Extensions Advances without any election or action on the part of the Agent or any Lender. Default If any Advance under the Swingline is not paid at maturity, whether by acceleration or otherwise, or during the continuance of a Default, NCB may, at its option, by written notice to Borrower and the Agent (which notice may be revoked at its option notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that each Swingline Advance shall be payable on demand.bear interest at a rate per annum equal to the otherwise applicable rate plus Two Percent (2%) per annum. ----

Appears in 1 contract

Samples: Assignment Agreement (Finish Line Inc /De/)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.92.2, during the continuance of a Default or Unmatured Default (except for (a) Unmatured Defaults that will be cured, and that the Borrower certifies will be cured, by the use of the proceeds of Revolving Credit Loans that the Borrower has requested hereunder or by the issuance, amendment or extension of a Letter of Credit that the Borrower has requested hereunder or (b) Unmatured Defaults (other than the failure to pay any Obligation hereunder) that are not reasonably likely to have a Material Adverse Effect and that the Borrower certifies that it reasonably expects to cure before the date on which the same becomes a Default) the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 9.2 requiring unanimous consent of the Lenders adversely affected thereby to changes a reduction in an interest ratesrate under a Revolving Credit Facility), declare that no Advance Loan may be made as, converted into or continued as a Eurodollar Advance. Upon (after the occurrence and during the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Eurodollar Advance shall bear interest, after as well as before judgment, for the remainder of the then applicable Interest Period therefor) as a Fixed Rate Loan. If any principal of or interest on any Loan or any fee or other amount payable by the Borrower hereunder is not paid when due, whether at the lesser of (x) the Eurodollar Rate calculated stated maturity, upon acceleration, by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) plus 2% per annum and (y) the Highest Lawful Ratemandatory prepayment or otherwise, (ii) each Floating Rate Advance such overdue amount shall bear interest, after as well as before judgment, at a rate per annum equal to (A) in the lesser case of (x) overdue principal of any Loan, the Floating Rate calculated by adding the Applicable Margin for Level V rate otherwise applicable to such Loan as provided above plus 2% per annum and or (yB) in the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by case of any other amount, 2% per annum, provided that, during annum plus the continuance of a Default under Section 7.6 or Section 7.7, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be rate applicable to all Credit Extensions without any election or action on the part of the Agent or any Lender. Default interest shall be payable on demandABR Loans as provided above.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 2.9 or Section 2.92.10, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. Upon the occurrence and during the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) no Borrowing may be made as, converted into or continued as a Term Benchmark Borrowing and (ii) unless repaid, each Eurodollar Advance Term Benchmark Borrowing shall be converted to an ABR Borrowing at the end of the Interest Period applicable thereto. During the continuance of a Default, the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Term Benchmark Borrowing shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of rate otherwise applicable to such Interest Period plus two percent (x2%) per annum and (ii) each ABR Borrowing and RFR Borrowing shall bear interest at a rate per annum equal to the Eurodollar Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) interest rate otherwise applicable to such Borrowing plus 2% per annum and (y) annum. If any principal of or interest on any Loan or any fee or other amount payable by the Highest Lawful RateBorrower hereunder is not paid when due, (ii) each Floating Rate Advance whether at stated maturity, upon acceleration or otherwise, such overdue amount shall bear interest, after as well as before judgment, at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding the Applicable Margin for Level V plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, during the continuance of a Default under Section 7.6 or Section 7.7, the interest rates set forth in clauses (i) and in the case of overdue principal of any Loan, two percent (2%) plus the rate otherwise applicable to such Loan or (ii) above and the increase in the LC Fee set forth in clause case of any other amount, two percent (iii2%) above shall be plus the rate applicable to all Credit Extensions without any election or action on the part of the Agent or any Lender. Default interest shall be payable on demandABR Loans.

Appears in 1 contract

Samples: Credit Agreement (SITE Centers Corp.)

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Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.9this Agreement, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower Borrowers (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued (after the expiration of the then current Interest Period) as a Eurodollar Fixed Rate Advance, provided that, notwithstanding the foregoing, any outstanding Eurocurrency Advance may be continued for an Interest Period not to exceed one month after such notice to the Borrowers by the Required Lenders. Upon the occurrence and during the continuance of a Default any Default, the Required Lenders may, at their option, by notice to the Borrower Company (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders as to changes in and interest rates), ) declare that (i) each Eurodollar Fixed Rate Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of rate otherwise applicable to such Interest Period (x) the Eurodollar Rate calculated by adding with the Applicable Margin for Level V (as set forth on automatically adjusted to the Pricing Schedulehighest amount provided in the definition of “Applicable Margin”, notwithstanding where the Applicable Margin would otherwise be set) plus 2% per annum annum, and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance and any other amount due under this Agreement shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding the Applicable Margin for Level V otherwise applicable to Floating Rate Loans plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, upon and during the continuance of a Default under Section 7.6 or Section 7.7any acceleration for any reason of any of the Obligations, the interest rates rate set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Credit Extensions Advances without any election or action on the part of the Administrative Agent or any Lender. Default interest shall be payable on demand.

Appears in 1 contract

Samples: Loan Agreement (Myers Industries Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.9this Agreement, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower Borrowers (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued (after the expiration of the then current Interest Period) as a Eurodollar Eurocurrency Rate Advance, provided that, notwithstanding the foregoing, any outstanding Eurocurrency Advance may be continued for an Interest Period not to exceed one month after such notice to the Borrowers by the Required Lenders. Upon the occurrence and during the continuance of a Default any Default, the Required Lenders may, at their option, by notice to the Borrower Company (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders as to changes in and interest rates), ) declare that (i) each Eurodollar Eurocurrency Rate Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of rate otherwise applicable to such Interest Period (x) the Eurodollar Rate calculated by adding with the Applicable Margin for Level V (as set forth on automatically adjusted to the Pricing Schedulehighest amount provided in the definition of "Applicable Margin", notwithstanding where the Applicable Margin would otherwise be set) plus 2% per annum annum, and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance and any other amount due under this Agreement shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding otherwise applicable to Floating Rate Loans (with the Applicable Margin for Level V plus 2% per annum and (y) automatically adjusted to the Highest Lawful Rate and (iii) highest amount provided in the LC Fee shall be calculated by using definition of "Applicable Margin", notwithstanding where the Applicable Margin for Level V increased by would otherwise be set) plus 2% per annum, provided that, upon and during the continuance of a Default under Section 7.6 or Section 7.7any acceleration for any reason of any of the Obligations, the interest rates rate set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Credit Extensions Advances without any election or action on the part of the Agent or any Lender. Default interest shall be payable on demand.

Appears in 1 contract

Samples: Credit Agreement (Corrpro Companies Inc /Oh/)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.9, during the continuance of a Default or Unmatured Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance may be made as, converted into or continued as a Eurodollar Advance. Upon the occurrence and during During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Eurodollar Advance shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of (x) the Eurodollar Rate calculated by adding the Applicable Margin for Level V VI (as set forth on the Pricing Schedule) plus 2% per annum and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Rate calculated by adding the Applicable Margin for Level V VI plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V VI increased by 2% per annum, provided that, during the continuance of a Default under Section 7.6 or Section 7.7, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all Credit Extensions without any election or action on the part of the Agent or any Lender. Default interest shall be payable on demand.

Appears in 1 contract

Samples: Assignment Agreement (Shaw Group Inc)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.92.2, during the continuance of a Default or Unmatured Default (except for (a) Unmatured Defaults that will be cured, and that the Borrower certifies will be cured, by the use of the proceeds of Revolving Credit Loans that the Borrower has requested hereunder or by the issuance, amendment or extension of a Letter of Credit that the Borrower has requested hereunder or (b) Unmatured Defaults (other than the failure to pay any Obligation hereunder) that are not reasonably likely to have a Material Adverse Effect and that the Borrower certifies that it reasonably expects to cure before the date on which the same becomes a Default) the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 9.2 requiring unanimous consent of the Lenders adversely affected thereby to changes a reduction in an interest ratesrate under a Revolving Credit Facility), declare that no Advance Revolving Credit Loan may be made as, converted into or continued (after the then applicable Interest Period therefor) as a Eurodollar AdvanceFixed Rate Loan. Upon the occurrence and during During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Eurodollar Advance Fixed Rate Loan shall bear interest, after as well as before judgment, for the remainder of the applicable Interest Period interest at the lesser of (x) the Eurodollar rate otherwise applicable to such Fixed Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) Loan plus 2% per annum and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance ABR Loan shall bear interest, after as well as before judgment, interest at a the rate per annum equal otherwise applicable to the lesser of (x) the Floating Rate calculated by adding the Applicable Margin for Level V such ABR Loan plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, during the continuance of a Default under Section 7.6 8.5 or Section 7.78.6, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all applicable Revolving Credit Extensions Loans without any election or action on the part of the Administrative Agent or any Lender. Default interest shall be payable on demand.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 2.10 or Section 2.92.11, during the continuance of a Default or Unmatured Default with respect to a Borrower, (a) the Required Lenders may, at their option, by notice to the such Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that no Advance to such Borrower may be made as, converted into or continued as a Eurodollar AdvanceAdvance and (b) the Swingline Lender may, at its option, declare that no Swingline Loans shall be made to such Borrower. Upon the occurrence and during During the continuance of a Default with respect to a Borrower, the Required Lenders may, at their option, by notice to the such Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Eurodollar Advance to such Borrower shall bear interest, after as well as before judgment, interest for the remainder of the applicable Interest Period at the lesser of (x) the Eurodollar Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) rate otherwise applicable to such Interest Period plus 2% per annum and (y) the Highest Lawful Rateannum, (ii) each Floating Rate Advance and each Swingline Loan to such Borrower shall bear interest, after as well as before judgment, interest at a rate per annum equal to the lesser of (x) the Floating Alternate Base Rate calculated by adding the Applicable Margin for Level V in effect from time to time plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee Rate payable by such Borrower shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, that during the continuance of a Default under Section 7.6 or Section 7.77.7 with respect to any Borrower, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee Rate set forth in clause (iii) above shall be applicable to all Outstanding Credit Extensions to such Borrower without any election or action on the part of the Agent or any Lender. Default interest shall be payable on demand.

Appears in 1 contract

Samples: Credit Agreement (Baltimore Gas & Electric Co)

Rates Applicable After Default. Notwithstanding anything to the contrary contained in Section 2.8 or Section 2.92.2, during the continuance of a Default or Unmatured Default (except for (a) Unmatured Defaults that will be cured, and that the Borrower certifies will be cured, by the use of the proceeds of Revolving Credit Loans that the Borrower has requested hereunder or (b) Unmatured Defaults (other than the failure to pay any Obligation hereunder) that are not reasonably likely to have a Material Adverse Effect and that the Borrower certifies that it reasonably expects to cure before the date on which the same becomes a Default) the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 9.2 requiring unanimous consent of the Lenders adversely affected thereby to changes a reduction in an interest ratesrate under a Revolving Credit Facility), declare that no Advance Loan may be made as, converted into or continued (after the then applicable Interest Period therefor) as a Eurodollar AdvanceFixed Rate Loan. Upon the occurrence and during During the continuance of a Default the Required Lenders may, at their option, by notice to the Borrower (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.2 requiring unanimous consent of the Lenders to changes in interest rates), declare that (i) each Eurodollar Advance Fixed Rate Loan shall bear interest, after as well as before judgment, for the remainder of the applicable Interest Period interest at the lesser of (x) the Eurodollar rate otherwise applicable to such Fixed Rate calculated by adding the Applicable Margin for Level V (as set forth on the Pricing Schedule) Loan plus 2% per annum and (y) the Highest Lawful Rate, (ii) each Floating Rate Advance ABR Loan shall bear interest, after as well as before judgment, interest at a the rate per annum equal otherwise applicable to the lesser of (x) the Floating Rate calculated by adding the Applicable Margin for Level V such ABR Loan plus 2% per annum and (y) the Highest Lawful Rate and (iii) the LC Fee shall be calculated by using the Applicable Margin for Level V increased by 2% per annum, provided that, during the continuance of a Default under Section 7.6 8.5 or Section 7.78.6, the interest rates set forth in clauses (i) and (ii) above and the increase in the LC Fee set forth in clause (iii) above shall be applicable to all applicable Revolving Credit Extensions Loans without any election or action on the part of the Administrative Agent or any Lender. Default interest shall be payable on demand.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

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