Common use of VARIABLE INTEREST RATE Clause in Contracts

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the U.S. Prime Rate as published by the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) of the nations ten (10) largest banks (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. Lender will tell Borrower the current Index rate upon Borrower’s request. The interest rate change will not occur more often than each day during the term of the loan. If at any time the Index is less than zero, then it shall be deemed to be zero for the purpose of calculating the interest rate on this Note. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. Interest on the unpaid principal balance of this loan will be calculated as described in the “INTEREST CALCULATION METHOD” paragraph using a rate of 0.250 percentage points under the Index (the “Margin”), adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.000% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term of this loan, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this loan be less than 3.000% per annum or more than the maximum rate allowed by applicable law.

Appears in 1 contract

Sources: Business Loan Agreement (Landmark Bancorp Inc)

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the U.S. Prime one (1) month London Interbank Offered Rate (LIBOR), as of close of the first business day of each month and published by in the ‘Money Rates’ section of the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) of the nations ten (10) largest banks (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. Lender will tell Borrower the current Index rate upon Borrower▇▇▇▇▇▇▇▇’s request. The interest rate change will not occur more often than each day month during the term of this Note, and will occur on the loandate which is one (1) month from the date of this Note and on the same date each month thereafter. If at any time The adjusted interest rate will be equal to the Index is less than zero, then it shall be deemed to be zero for as of the purpose date of calculating the interest rate on this Noteadjustment plus the same percentage points over the Index as described herein. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.2501.668% per annum. Interest on the unpaid principal balance of this loan will be calculated as described in the “INTEREST CALCULATION METHOD” paragraph using a rate of 0.250 2.000 percentage points under over the Index (the “Margin”), adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.0003.668% per annum based on a year of 360 daysannum. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term of this loan, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender ▇▇▇▇▇▇ gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this loan be less than 3.000% per annum or more than the maximum rate allowed by applicable law.. RATE INDEX DISCLOSURE. Notwithstanding anything herein to the contrary, in the event that Lender determines in its sole discretion, which determination shall be conclusive absent manifest error, that LIBOR:

Appears in 1 contract

Sources: Commercial Pledge Agreement (Laird Superfood, Inc.)

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the U.S. Prime Rate as published by the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) of the nations ten (10) largest banks 10 Year Treasury Note (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loansloans and is set by Lender in its sole discretion. If the Index becomes unavailable during the term of this (loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower’s request. The interest Interest rate change will not occur more often than each day during the term of the loan. If at any time the Index is less than zero, then it shall be deemed to be zero for the purpose of calculating the interest rate on this Note5 Years. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.2502.010% per annum. Interest on The interest rate or rates to be applied to the unpaid principal balance of during this loan will be calculated as described the rate or rates set forth herein in the “INTEREST CALCULATION METHODPaymentparagraph using a rate of 0.250 percentage points under the Index (the “Margin”), adjusted if necessary for section. Notwithstanding any minimum and maximum rate limitations described below, resulting in an initial rate of 3.000% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term other provision of this loanAgreement, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust after the Margin to accompany first payment stream, the substitute index. The change to the Margin may Interest rate for each subsequent payment stream will be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent as of the Borrowerlast payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan be less than 3.0005.500% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) Increase Borrower’s payments to ensure Borrower’s loan will pay off by its original final maturity date, (B) Increase Borrower’s payments to cover accruing interest, (C) Increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/365 simple interest basis; that is, by applying the ratio of the interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this loan is computed using this method.

Appears in 1 contract

Sources: Loan Agreement (SD Co Inc)

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the U.S. Prime 30 day LIBOR Rate as published by shown on the Wall Street Journal and currently is determined by Bloomberg Finance, L.P. rate sheets. The “LIBOR Rate” shall mean the base rate on corporate loans posted by at least seventy percent (70%) London Interbank Offered Rate of the nations ten (10) largest banks Interest for an interest period of 30 days (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of the loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index index rate upon Borrower▇▇▇▇▇▇▇▇’s request. The interest rate change will not occur more often than each day during month on the term of first London Banking Day (the loan. If at “Reprice Date”) (“London Banking Day” means any time the Index is less day, other than zeroa Saturday or Sunday, then it shall be deemed on which commercial banks are open for business in London, England), adjusted for any reserve requirement and any subsequent costs arising from a change in government regulation, such as rate to be zero for reset at the purpose beginning of calculating each succeeding month. There appears below an “Initial Rate” which is illustrative only and represents the interest rate accrual applicable to this Note if the Index remains unchanged until the initial advance hereunder. If the initial advance under this Note occurs on any day other than the Reprice Date, the initial LIBOR Rate to be in effect until the beginning of the next succeeding month shall be that LIBOR Rate in effect on the first London Banking Day of the month this NoteNote is signed/dated. Bank’s internal records of applicable interest rates shall be determinative in the absence of manifest error. Interest accruing hereunder shall be due and payable on the first New York banking Day of each month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.2500.318% per annum. Interest on The interest rate to be applied to the unpaid principal balance of this loan will be calculated as described in the “INTEREST CALCULATION METHOD” paragraph using a rate of 0.250 2.100 percentage points under over the Index (the “Margin”)Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.0004.000% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term of this loan, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this loan be less than 3.0004.000% per annum or more than the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this loan is computed using this method.

Appears in 1 contract

Sources: Change in Terms Agreement (LGL Group Inc)

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the U.S. Prime Rate as published by weekly average yield on the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) United States Treasury securities adjusted to a constant maturity of the nations ten (10) largest banks five years (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower’s request. The interest rate change will not occur more often than each day during the term of the loanfive years. If at any time the Index is less than zero, then it shall be deemed to be zero for the purpose of calculating the The interest rate may change on the five year anniversary date of this NoteChange in Terms Agreement and every five years in the same month thereafter. Borrower understands that Lender may make loans based on other rates as well. The Index index currently is 3.2504.660% per annum. Interest on The interest rate or rates to be applied to the unpaid principal balance of this loan Note will be calculated as described the rate or rates set forth herein in the “INTEREST CALCULATION METHODPaymentparagraph using a rate of 0.250 percentage points under the Index (the “Margin”), adjusted if necessary for section. Notwithstanding any minimum and maximum rate limitations described below, resulting in an initial rate of 3.000% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term other provision of this loanNote, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust after the Margin to accompany first payment stream, the substitute index. The change to the Margin may interest rate for each subsequent payment stream will be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent as of the Borrowerlast payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower’s payments to ensure Borrower’s loan will pay off by it original final maturity date, (B) increase Borrower’s payments to cover accruing interest, (C) increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment. RELEASE OF BORROWER. B▇▇▇▇▇ OUTDOOR ADVERTISING & TRAVEL CENTERS INCORPORATED is hereby released as a Borrower of the above described Existing Indebtedness under the Promissory Note dated November 10, 2000 between B▇▇▇▇▇ TRAVEL CENTERS, INC., B▇▇▇▇▇ OUTDOOR ADVERTISING & TRAVEL CENTERS INCORPORATED and FIRST SECURITY BANK. As a result, such party is released from all contractual duties, obligations and liability that they may have had as Borrower.

Appears in 1 contract

Sources: Change in Terms Agreement (Bowlin Travel Centers Inc)

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the U.S. Prime Rate as published by the "Wall Street Journal LIBOR Rate", which is a fluctuating rate of interest equal to the three (3) month London interbank offered rate as published in the "Money Rates" section of The Wall Street Journal on the immediately preceding business day as adjusted from time to time in Lender's sole discretion for then applicable reserve requirements, deposit insurance assessment rates and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) of the nations ten (10) largest banks other regulatory costs (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. Lender will tell Borrower If the current Index rate upon Borrower’s request. The interest rate change will not occur more often than each day becomes unavailable during the term of the loan. If at any time the Index is less than zero, then it shall be deemed to be zero for the purpose of calculating the interest rate on this Note, Lender may designate a substitute Index after notice to Borrower. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annuminterest rate change will not occur more often than each date of such change in the Index. Interest on The interest rate applied to the unpaid principal balance of this loan will Note shall be calculated by adding to the Index an applicable margin as further described in the “INTEREST CALCULATION METHOD” paragraph using Loan Agreement, which margin shall be at a per annum rate of 0.250 percentage points under either 1.50% or 2.00%, as further described in the Loan Agreement. Lender will tell Borrower the current Index (the “Margin”), adjusted if necessary upon Borrower's request. Upon demand for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.000% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term payment of this loanNote, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this loan Note to be less applied to the unpaid balance of principal, unpaid accrued interest, costs and fees, to be applicable until paid in full, will be the highest interest rate permitted by applicable law. The interest on this Note shall never be greater than 3.000% per annum an amount, which, if added to the amount of any discount, additional fees or more than charges paid by Borrower which constitutes interest under the laws of the State of Florida, would cause the total amount of interest to exceed the maximum rate allowed of interest chargeable to the Borrower under such law. Lender agrees to refund, and Borrower agrees to accept refund of, any and all sums received hereunder by applicable lawLender which are determined usurious by any court of competent jurisdiction.

Appears in 1 contract

Sources: Loan Agreement (Powercerv Corp)

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the U.S. Prime Rate as published by weekly average yield on the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) United States Treasury securities adjusted to a constant maturity of the nations ten (10) largest banks five years (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower’s request. The interest rate change will not occur more often than each day during the term of the loanfive years. If at any time the Index is less than zero, then it shall be deemed to be zero for the purpose of calculating the The interest rate may change on the five year anniversary date of this NoteChange in Terms Agreement and every five years in the same month thereafter. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.2504.660% per annum. Interest on The interest rate to be applied to the unpaid principal balance of this loan Note will be calculated as described in the “INTEREST CALCULATION METHOD” paragraph using a rate of 0.250 2.600 percentage points under over the Index (the “Margin”), adjusted if necessary for any minimum and maximum rate limitations described belowIndex, resulting in an initial rate of 3.0007.260% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term of this loan, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrowerannum. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower’s payments to ensure Borrower’s loan will pay off by it original final maturity date, IB) increase Borrower’s payments to cover accruing interest, (C) increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless Lender expressly releases a party in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. B▇▇▇▇▇ TRAVEL CENTERS, INC. By: /s/ M▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ M▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, PRESIDENT of B▇▇▇▇▇ TRAVEL CENTERS, INC. References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. DESCRIPTION OF EXISTING INDEBTEDNESS. Promissory Note dated April 26, 2004 in the original principal amount of $2,175,000.00 with a current principal balance of $2,108,739.01.

Appears in 1 contract

Sources: Change in Terms Agreement (Bowlin Travel Centers Inc)

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the U.S. Prime Rate as published by weekly average yield on the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) United States Treasury securities adjusted to a constant maturity of the nations ten (10) largest banks five years (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower’s request. , The interest rate change will not occur more often than each day during the term of the loanfive years. If at any time the Index is less than zero, then it shall be deemed to be zero for the purpose of calculating the The interest rate may change on the five year anniversary date of this NoteChange in Terms Agreement and every five years in the same month thereafter. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.2504,660% per annum. Interest on The interest rate or rates to be applied to the unpaid principal balance of this loan Note will be calculated as described the rate or rates set forth herein in the “INTEREST CALCULATION METHODPaymentparagraph using a rate of 0.250 percentage points under the Index (the “Margin”), adjusted if necessary for section. Notwithstanding any minimum and maximum rate limitations described below, resulting in an initial rate of 3.000% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term other provision of this loanNote, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust after the Margin to accompany payment stream, the substitute index. The change to the Margin may interest rate for each subsequent payment stream will be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent as of the Borrowerlast payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower’s payments to ensure Borrower’s loan will pay off by it original final maturity date, (B) increase Borrower’s payments to cover accruing interest, (C) increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment.

Appears in 1 contract

Sources: Change in Terms Agreement (Bowlin Travel Centers Inc)

VARIABLE INTEREST RATE. Interest shall accrue on the balance of principal outstanding from time to time under this Note at an annual rate (the “LIBOR Rate”) that is equal to the Index (defined below) plus 5.100 percentage points, calculated on the basis of a 360-day year, for actual days elapsed (subject to the “Interest after Default” section below). The interest rate on this loan LIBOR Rate is subject to change from time to time on each Calculation Date (defined below) based on changes in an independent index which that is the U.S. Prime Rate “Three –month” “London interbank offered rate, or Libor” (rounded upward, if necessary, to the nearest 1/100 of 1%) as published by in the “Borrowing Benchmarks” section of the Western Edition of The Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) of the nations ten (10) largest banks (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower’s request. The interest rate change will not occur more often than each day during On the term date of this Note the loan. If at any time the Index is less than zero, then it LIBOR Rate shall be deemed to be zero for calculated by Lender and shall remain in effect to, but not including, the purpose next Payment Date. On each Payment Date, Lender shall recalculate the LIBOR Rate as of calculating such Payment Date, and the interest rate LIBOR Rate as so recalculated shall become effective on this Notesuch Payment Date and shall remain in effect to, but not including, the next Payment Date. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. Interest on the unpaid principal balance of this loan will be calculated as described in the “INTEREST CALCULATION METHOD” paragraph using a rate of 0.250 percentage points under the Index (the “Margin”), adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.000% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term of this loan, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the LIBOR Rate, Lender, at its option, may do one or more of the following: (A) increase Borrower’s payments to ensure the Loan will be paid in full by the Maturity Date as set forth above, (B) increase Borrower’s payments to cover accruing interest, (C) increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment.

Appears in 1 contract

Sources: First Amendment and Waiver Agreement (Belvedere SoCal)

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the minimum prime lending rate for large U.S. Prime Rate Money Center Commercial banks as published by in the Money Rate Section of the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy percent (70%) of the nations ten (10) largest banks (the “Index”). ) The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower’s request. The interest rate change will not nut occur more often than each day during the term of the loan. If at any time the Index is less than zero, then it shall be deemed to be zero for the purpose of calculating the interest rate on this Noteday. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. Interest on The interest rate or rates to be applied to the unpaid principal balance of during this loan will be calculated as described the rate or rates set forth herein in the “INTEREST CALCULATION METHODPaymentparagraph using a rate of 0.250 percentage points under the Index (the “Margin”), adjusted if necessary for section. Notwithstanding any minimum and maximum rate limitations described below, resulting in an initial rate of 3.000% per annum based on a year of 360 days. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term other provision of this loanAgreement, Lender may amend this loan by designating a substantially similar substitute index. Lender may also amend and adjust after the Margin to accompany first payment stream, the substitute index. The change to the Margin may interest rate for each subsequent payment stream will be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this loan will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent as of the Borrowerdue date of the last payment in the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan lean be less than 3.0006.500% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower’s payments to ensure Borrower’s loan will pay off by its original final maturity date, (B) increase Borrower’s payments to cover accruing interest, (C) increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this loan is computed using this method.

Appears in 1 contract

Sources: Change in Terms Agreement (Foundation Healthcare, Inc.)