Common use of Interest Clause in Contracts

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.0% per annum. Interest on this Note will be payable semi-annually in arrears on June 1 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth herein.

Appears in 2 contracts

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

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Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), The Company promises to pay interest on the principal amount of this Note (at 9½% per annum from the date hereof until maturity [and shall pay Additional Interest, if any, as defined herein) at provided in the rate of 15.0% per annum. Interest on this Note will be payable Registration Rights Agreement, dated January 20, 2011+ referred below].* The Company shall pay interest [and Additional Interest, if any,] semi-annually in arrears on June 1 February 15th and December 1, or if any such day is not a Business Day, on the next succeeding Business Day August 15th of each year (each, each an “interest payment dateInterest Payment Date”). Interest on this Note will the Notes 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 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 original issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be [August 15, 2011]:. The Issuer Company 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 the rate borne by the Notes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest] (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. 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 was issued in connection with the Exchange Offer pursuant to pay which the 9½% Senior Notes due 2019 in like principal amount were exchanged for 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 Amounts as set forth hereinInterest may be due and owing on the Initial Note in connection with the Registration Rights Agreement.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Laredo Petroleum Holdings, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Interest. Central European Media Enterprises Ltd.RFS Partnership, L.P., a company organized under the laws of Bermuda Tennessee limited partnership (the “Issuer”"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 (as defined herein) at the rate of 15.09.75% per annumannum from 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. Interest on this Note will be payable The Issuers shall pay interest and Liquidated Damages, if any, semi-annually in arrears on June March 1 and December 1September 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (eacheach an "Interest Payment Date"). The first Interest Payment Date shall be September 1, an “interest payment date”)2002. Interest on this Note will the Notes shall 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 ; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a Record Date (defined below) referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after the date of such paymentnext succeeding Interest Payment Date. The Issuer Issuers shall pay interest (including Accrued Bankruptcy Interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate then in effect; it shall pay interest (including 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 any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 2 contracts

Samples: RFS Partnership Lp, RFS Hotel Investors Inc

Interest. Central European Media Enterprises Ltd.CEMEX Finance LLC, a Delaware limited liability company organized under the laws of Bermuda (together with its successors and assigns, the “Issuer”), ) promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.0% per annumannum shown above. Interest on this Note The Issuer will be payable semi-annually pay interest semiannually in arrears on each Interest Payment Date of each year commencing June 1 and December 114, 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 this Note 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 and including the Issue Date. The Issuer promises to pay such interest December 14, 2009; provided that if there is no existing Default or Event of Default 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 Interestinterest, and if this Note is authenticated between a Record Date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date (but after December 14, 2009), interest on shall accrue from such increased principal amount next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from and after the date of such paymentDecember 14, 2009. The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and at the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace 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. 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 required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to each Holder of the Notes Additional Amounts as specified provided in the Indenture subject to the limitations set forth in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth herein.

Appears in 2 contracts

Samples: Cemex Sab De Cv, Cemex Sab De Cv

Interest. Central European Media Enterprises Ltd.Targa Resources Partners LP, a company organized under the laws of Bermuda Delaware limited partnership (the IssuerTarga Resources Partners”), promises and Targa Resources Partners Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with Targa Resources Partners, the “Issuers”), promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.05.125% per annumannum from October 6, 2016 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June February 1 and December 1August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be February 1, 2017. The Issuer shall 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 the rate then in effect to the extent lawful; 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 (without regard to any applicable grace periods), from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 2 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Corp.), Conveyance and Assumption Agreement (Targa Resources Partners LP)

Interest. Central European Media Enterprises Ltd.Xxxxxx American Corp., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.011 3/4% per annumannum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June 1 15 and December 115 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 Payment Date"). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be _____________, 20__. The Issuer shall 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 any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 2 contracts

Samples: Execution Copy (M & F Worldwide Corp), Execution Copy (M & F Worldwide Corp)

Interest. Central European Media Enterprises Ltd.ArcelorMittal, a company société anonyme organized under the laws of Bermuda (the “Issuer”), promises to Luxembourg law will pay interest on the principal amount of this Note the US $500,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as defined herein) at amended by Article IV of the rate of 15.0% per annum. Interest on this Note will be payable Sixth Supplemental Indenture referred to below), semi-annually in arrears on June 1 February 25 and December 1August 25 of each year (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 in 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, 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 Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (eacheach such period, an “interest payment dateInterest Period”). Interest on 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 Securities will be payable calculated in the manner set forth in accordance with Section 2.17 3.10 of the Indenture. Following an increase Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the principal amount Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the outstanding Global Notes as a result of the payment of PIK Interestsuch Securities up to that seventh day, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased except to the extent necessary that there is failure in the subsequent payment to pay Additional Amounts as set forth hereinthe relevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. Central European Media Enterprises Ltd.HTCC Holdco I B.V., a private limited liability company organized incorporated under the laws of Bermuda the Netherlands Antilles (such company and its successors and assigns under the Indenture hereinafter referred to, being herein called the “Issuer”), for value received promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.0% per annumfrom October 30, 2006. Interest on this Each Note will bear interest at a rate per annum (the “Applicable Rate”), reset quarterly, equal to EURIBOR, in each case, plus 8.250% as determined by the calculation agent (the “Calculation Agent”), which will initially be payable semi-annually in arrears on June 1 and December 1the Trustee, or plus the Ratchet Margin (if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”any). Interest on this Note the Notes will be payable (at the election of the Issuer made prior to the relevant record date in the case of cash interest) either in cash or through the issuance of Additional Notes in a principal amount equal to such interest amount (in increments of €1) quarterly in arrears on January 15, April 15, July 15, and October 15, commencing January 15, 2007. The Issuer will make each interest payment to the Holders of record of the Notes on the immediately preceding January 1, April 1, July 1 and October 1. The Additional Notes will be identical to the originally issued Notes, except that interest will begin to accrue from the date they are issued rather than the Issue 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 and including the Issue Date. The Issuer promises Calculation Agent will, as soon as practicable after 11:00 a.m. (London time) on each Determination Date, determine the Applicable Rate, and calculate the aggregate amount of interest payable on the Notes in respect of the following Interest Period (the “Interest Amount”). The Interest Amount will be calculated by applying the Applicable Rate to pay the principal amount of each Note outstanding at the commencement of the Interest Period, multiplying each such amount by the actual number of days in the Interest Period concerned divided by 360. All percentages resulting from any of the above calculations will be rounded, if necessary, to the nearest one hundred thousandth of a percentage point, with five one-millionths of a percentage point being rounded upwards (e.g. 4.876545% (or .04876545) being rounded to 4.87655% (or .0487655)). All euro amounts used in or resulting from such calculations will be rounded to the nearest euro cent (with one-half euro cent being rounded upwards). The determination of the Applicable Rate and the Interest Rate Amount by the Calculation Agent shall, in the absence of willful default, bad faith or manifest error, be binding on all parties. The Applicable 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. The Calculation Agent shall be under no obligation to monitor whether the Applicable Rate exceeds such maximum rate. The Calculation Agent will, upon the written request of the Holder of any Note, provide the interest rate then in effect with respect to the Notes. The rights of holders of beneficial interests in the Notes to receive the payments of 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 are subject to applicable procedures of the outstanding Notes (book-entry depositary and Euroclear and Clearstream. 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 Determination Date,” with respect to the entire principal amount of the Notes for all interest payment dates occurring prior an Interest Period relating to November 15EURIBOR, 2015. PIK Interest on the Notes will be payable in the manner set forth in Section 2.17 of day that is two TARGET Settlement Days preceding 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 first day of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinInterest Period.

Appears in 2 contracts

Samples: Invitel Holdings a/S, Invitel Holdings a/S

Interest. Central European Media Enterprises Ltd.(a) The Additional Series HH Notes will bear interest from December 19, 2013 at a company organized under floating rate equal to the laws of Bermuda (the “Issuer”)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 (as defined hereincommencing March 19, 2014) and at the rate of 15.0% per annum. Stated Maturity (each such date being referred to as a “Series HH Interest on this Note will be payable semi-annually in arrears on June 1 and December 1Payment Date,” provided, or that if any such day is date shall not be a Business Day, on such Series HH Interest Payment Date shall be postponed to be the next succeeding Business Day (each, an “interest payment date”). Interest on this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from Day) 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 such payment. The Issuer shall pay interest on overdue principal (including any overdue required or optional prepayment of principal), LIBOR Breakage Amount, if any, and on overdue installments of interest premium, if any, and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased (to the extent necessary legally enforceable) on any overdue installment of interest at the Default Rate until paid. Interest shall be subject to pay adjustment in accordance with Section 2.07. Interest on the Additional Amounts Series HH Notes shall be computed for the actual number of days elapsed on the basis of a year consisting of 360 days. The Adjusted LIBOR Rate for 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 set forth hereinthe 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.

Appears in 2 contracts

Samples: Second Supplemental Indenture of Trust (Kayne Anderson MLP Investment CO), Second Supplemental Indenture of Trust (Kayne Anderson MLP Investment CO)

Interest. Central European Media Enterprises Ltd.ArcelorMittal, a company société anonyme organized under the laws of Bermuda (the “Issuer”), promises to Luxembourg law will pay interest on the principal amount of this Note the US $500,000,000 Securities at 4.500% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as defined herein) at amended by Article IV of the rate of 15.0% per annum. Interest on this Note will be payable Sixth Supplemental Indenture referred to below), semi-annually in arrears on June 1 February 25 and December 1August 25 of each year (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 in 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, 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 Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (eacheach such period, an “interest payment dateInterest Period”). Interest on 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 Securities will be payable calculated in the manner set forth in accordance with Section 2.17 3.10 of the Indenture. Following an increase Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the principal amount Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the outstanding Global Notes as a result of the payment of PIK Interestsuch Securities up to that seventh day, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased except to the extent necessary that there is failure in the subsequent payment to pay Additional Amounts as set forth hereinthe relevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. Central European Media Enterprises Ltd.Ventas Realty, a company organized under Limited Partnership and Ventas Capital Corporation (collectively, the laws of Bermuda (the “Issuer”"Issuers"), promises promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.0___% per annumannum from ________________, 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June 1 ___________ and December 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 Payment Date"). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be _____________, 200__. The Issuer shall 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; the 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 any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 2 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)

Interest. Central European Media Enterprises Ltd.The Musicland Group, Inc., a company organized under the laws of Bermuda Delaware corporation, or its successor (the “Issuer”"COMPANY"), promises to pay interest on the principal amount of this Senior Subordinated Note (as defined herein) at the rate of 15.0% 9_% per annumannum and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Liquidated Damages, if any, in United States dollars (except as otherwise provided herein) semi-annually in arrears on June 1 March 15 and December 1September 15, commencing on September 15, 1998, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an “interest payment date”"INTEREST PAYMENT DATE"). Interest on this Note will the Senior Subordinated Notes 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 or Event of Default in the payment of interest, and including if this Senior Subordinated Note is authenticated between a record date referred to on the Issue face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the ------------------------------ 1 These paragraphs should be removed upon the exchange of Regulation S Temporary Global Notes for Regulation S Permanent Global Notes pursuant to the Indenture. original issuance of Senior Subordinated Notes, in which case interest shall accrue from the date of authentication. The Issuer promises to Company shall pay such interest on the Notes on (including post-petition interest in any interest payment date entirely by (i) paying cash (“Cash Interest”proceeding under any Bankruptcy Law) on such interest payment date or (ii) increasing the overdue 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 15.0equal to 1% per annum (“Cash Interest Payment”) or (ii) entirely in PIK Interest at excess of the then applicable interest 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 Senior Subordinated Notes to the Trustee no later than 10 days prior to such interest payment date (the “Cash Election Deadline”) specifying that extent lawful; 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 such payment. The Issuer shall pay interest on overdue principal and (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and on Liquidated Damages (without regard to any Additional Amounts as specified in applicable grace period) at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months.

Appears in 2 contracts

Samples: Musicland Group Inc /De, Musicland Stores Corp

Interest. Central European Media Enterprises Ltd.Xxxxxxx Xxxxx Rental, L.P., a company organized under the laws of Bermuda Pennsylvania limited partnership (the “Issuer”"Company"), promises and Xxxxxxx Xxxxx 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 (as defined herein) at the rate of 15.010 3/8% per annumannum from February 1, 1999 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Liquidated Damages semi-annually in arrears on June February 1 and December 1August 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 Payment Date"). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be February 1, 1999. The Issuer 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; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Senior Subordinated Notes under the Indenture.

Appears in 2 contracts

Samples: Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), The Company promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.091/2% per annum. Interest on this Note will be payable annum from the date hereof until maturity [and shall pay Additional Interest, if any, as provided in the Registration Rights Agreement, dated January 20, 2011+ referred below].* The Company shall pay interest [and Additional Interest, if any,] semi-annually in arrears on June 1 February 15th and December 1, or if any such day is not a Business Day, on the next succeeding Business Day August 15th of each year (each, each an “interest payment dateInterest Payment Date”). Interest on this Note will the Notes 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 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 original issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be [August 15, 2011]:. The Issuer Company 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 the rate borne by the Notes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest] (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. 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 was issued in connection with the Exchange Offer pursuant to pay which the 9½% Senior Notes due 2019 in like principal amount were exchanged for 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 Amounts as set forth hereinInterest may be due and owing on the Initial Note in connection with the Registration Rights Agreement.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Laredo Petroleum Holdings, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Interest. Central European Media Enterprises Ltd.Targa Resources Partners LP, a company organized under the laws of Bermuda Delaware limited partnership (the IssuerTarga Resources Partners”), promises and Targa Resources Partners Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with Targa Resources Partners, the “Issuers”), promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.05.375% per annumannum from October 6, 2016 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June February 1 and December 1August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be February 1, 2017. The Issuer shall 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 the rate then in effect to the extent lawful; 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 (without regard to any applicable grace periods), from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 2 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Corp.), Conveyance and Assumption Agreement (Targa Resources Partners LP)

Interest. Central European Media Enterprises Ltd.SFX Entertainment, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.09-1/8% per annumannum from February 11, 1998 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Liquidated Damages semi-annually in arrears on June February 1 and December 1August 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 Payment Date"). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be August 1, 1998. The Issuer Company 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; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 2 contracts

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

Interest. Central European Media Enterprises Ltd.APCOA/Standard Parking, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.014% per annumannum from January 11, 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 on this Note in the amount of 10% per annum will be payable 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 1 15 and December 115 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 Payment Date"). Interest on this Note the Notes 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 such paymentNotes 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, 2002. The Issuer shall 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; 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. PIK Notes will be issued in denominations of $100.00 principal amount and integral multiples thereof. The amount of PIK Notes issued to any Additional Amounts as specified 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, if any, in a manner identical to all other Notes issued under the Indenture. Any interest paid on this Note shall be increased On the maturity date the Company will pay to the extent necessary to pay Additional Amounts as set forth hereinHolder 105% of the principal amount hereof, plus interest and Liquidated Damages, if any, then due.

Appears in 2 contracts

Samples: Ap Holdings Inc, Apcoa Standard Parking Inc /De/

Interest. Central European Media Enterprises Ltd.ArcelorMittal, a company société anonyme organized under the laws of Bermuda (the “Issuer”), promises to Luxembourg law will pay interest on the principal amount of this Note (as defined herein) the US$1,000,000,000 Securities at the rate of 15.07.000% per annumannum from October 8, 2009 until Maturity. Interest on this Note will be payable subject to adjustment in accordance with Article III of the Second Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture, semi-annually in arrears on June April 15 and October 15 of each year (each an Interest Payment Date) commencing on April 15, 2010, to the Holders of Securities registered as such as of close of business on April 1 and December October 1, 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 in 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, 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 Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (eacheach such period, an “interest payment dateInterest Period”). Interest on 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 Securities will be payable calculated in the manner set forth in accordance with Section 2.17 3.10 of the Indenture. Following an increase Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the principal amount Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the outstanding Global Notes as a result of the payment of PIK Interestsuch Securities up to that seventh day, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased except to the extent necessary that there is failure in the subsequent payment to pay Additional Amounts as set forth hereinthe relevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. Central European Media Enterprises Ltd.ICON Health & Fitness, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.011.25% per annumannum from April 9, 2002 until maturity and shall pay the Additional Interest, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Additional Interest, if any, semi-annually in arrears on June July 1 and December 1January 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 Payment Date"). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be July 1, 2002. The Issuer shall 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; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 2 contracts

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

Interest. Central European Media Enterprises Ltd.CEMEX Finance LLC, a Delaware limited liability company organized under the laws of Bermuda (together with its successors and assigns, the “Issuer”), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.0% per annumannum shown above. Interest on this Note The Issuer will be payable semi-annually pay interest semiannually in arrears on June 1 and December each Interest Payment Date of each year 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 this Note 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 and including the Issue Date. The Issuer promises to pay such interest April 1, 2014; provided, that if there is no existing Default or Event of Default 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 Interestinterest, and if this Note is authenticated between a Record Date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date (but after April 1, 2014), interest on shall accrue from such increased principal amount next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from and after the date of such paymentApril 1, 2014. The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and at the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace 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. 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 required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to each Holder of the Notes Additional Amounts as specified provided in the Indenture subject to the limitations set forth in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth herein.

Appears in 2 contracts

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

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), The Company promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.08 1/8% per annumannum from March 4, 2003 until maturity. Interest The Company will pay interest semiannually on this Note will be payable semi-annually in arrears on June March 1 and December 1September 1 of each year (each an "Interest Payment Date"), or if any such day is not a Business Day, on the next succeeding Business Day (eachDay, an “interest payment date”)to the holder of record at the close of business on February 15 or August 15 immediately preceding such Interest Payment Date. Interest on this Note the Notes will accrue from the most recent date to Interest Payment Date on 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 dateMarch 4, the Issuer may elect, at its option, to pay interest due on the Notes on such interest payment date (i) entirely 2003; provided that if there is no existing Default 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 Interestinterest, 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 September 1, 2003. Further, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer Company shall pay interest on overdue principal and premium, if any, from time to time on demand at a rate equal to the interest rate then in effect; it shall pay interest on overdue installments of interest and (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. [The Holder of this Note is entitled to pay Additional Amounts the benefits of a registration rights agreement, dated as set forth hereinof March 4, 2003, between the Company and the Initial Purchasers named therein (the "Registration Rights Agreement"). In the event that a Registration Default (as defined in the Registration Rights Agreement) occurs, liquidated damages ("Liquidated Damages") will accrue on the affected Transfer Restricted Notes and the affected Private Exchange Notes, as applicable. The rate of Liquidated Damages will be $0.05 per week per $1,000 principal amount of Transfer Restricted Notes and affected Private Exchange Notes held by such Holder 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 Transfer Restricted Notes and affected Private Exchange Notes with respect to each subsequent 90-day period thereafter up to a maximum amount of Liquidated Damages for all Registration Defaults of $0.50 per week per $1,000 principal amount of Transfer Restricted Notes and affected Exchange Notes, from and including the date on which any such Registration Default shall occur to, but excluding, the earlier of (1) the date on which all Registration Defaults have been cured or (2) the date on which all Transfer Restricted Notes and Private Exchange Notes otherwise become freely transferrable by Holders other than affiliates of the Company without further registration under the Securities Act.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Northwest Pipeline Corp), Indenture (Williams Companies Inc)

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), a) The Company promises to pay interest on the principal amount Principal Amount (as hereinafter defined) of this Note at the Interest Rate (as defined herein) ). The Company shall pay accrued interest quarterly in arrears at the rate Interest Rate for such quarter on each January 15, April 15, July 15, October 15 of 15.0% per annum. Interest each calendar year during the term hereof and on this Note will be payable semi-annually in arrears on June 1 and December 1the Maturity Date, or or, if any such day is date shall not be a Business Day, on the next succeeding Business Day to occur after such date (eacheach date upon which interest shall be so payable, an “interest payment dateInterest Payment Date”), commencing on April 15, 2017 and on each Interest Payment Date shall pay interest accrued from (but excluding) the immediately preceding date of payment of interest through and including such Interest Payment Date at the Interest Rate for such quarter; provided, however, that for so long as the Company is prohibited from paying interest on this Note in cash pursuant to the Subordination Agreement, the Loan Agreement and/or one or more senior financing arrangements to which it is subject (if any, the “Senior Financing Arrangements”), the Company shall pay all of the interest on this Note by capitalizing on the applicable Interest Payment Date all such interest (all such accrued interest capitalized from time to time is referred to herein as “PIK Interest”) and by adding such PIK Interest to the Principal Amount of the applicable Note; provided, further, however, that if this Note is converted into fully paid and non- assessable Conversion Shares, the accrued but unpaid interest will also be converted into fully paid and non-assessable Conversion Shares as provided in Section 4. Interest on this Note will shall accrue from the most recent date to which of issuance until repayment of the Principal Amount and payment of all accrued interest has been paid or, if no interest has been paid, from in full. Interest shall accrue and including the Issue Date. The Issuer promises to pay such interest be computed 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 basis of the outstanding Notes (“actual number of days in the related period over 360 days. 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 Note shall be deemed for all purposes to have elected to make a PIK Interest Payment be principal of such Note (including with respect to the entire principal amount accrual of the Notes for all interest payment dates occurring prior to November 15, 2015. on any PIK Interest on amounts), whether or not such Note is marked to indicate the Notes will be payable in the manner set forth in Section 2.17 addition of the Indenture. Following an increase in the principal amount of the outstanding Global Notes as a result of the payment of such PIK Interest, and interest shall begin to accrue on PIK Interest beginning on and including the Global Notes will bear Interest Payment Date on which such PIK Interest is added to the Principal Amount of the related Note (including PIK Interest), and such interest shall accrue and be paid, together with the interest on such increased principal amount from and after the date entire remaining Principal Amount of such paymentNote, in accordance with this Section 2. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth For purposes herein.,

Appears in 2 contracts

Samples: Subordination Agreement (YogaWorks, Inc.), Subordination Agreement (YogaWorks, Inc.)

Interest. Central European Media Enterprises Videotron Ltd., a company organized corporation under the laws of Bermuda Québec (the “IssuerCompany”), promises to pay interest (as defined in the Indenture) on the principal amount of this Note (as defined herein) at the rate of 15.04.50% per annumannum until maturity. Interest on this Note will be payable The Company shall pay interest semi-annually in arrears in equal installments (except as noted below) on June 1 April 15 and December 1October 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 this Note will the Notes shall 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 dateissuance; provided, the Issuer may electhowever, at its option, to pay interest due on the Notes on such interest payment date (i) entirely that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be April 15, 2020. The Issuer Company 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 under the Indenture and this Note; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (without regard to any applicable grace periods), from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. In the case of (i) the first interest period (from October 8, 2019 to pay Additional Amounts April 15, 2020), interest will be calculated on the basis of the actual number of days elapsed from October 8, 2019 to (but excluding) April 15, 2020 divided by 365, and (ii) the final interest period, if applicable (from October 15, 2029 to January 15, 2030), interest will be calculated on the basis of the actual number of days elapsed from October 15, 2029 to (but excluding) January 15, 2030 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 365-day year and the actual number of days elapsed from (and including) the date of the previous interest payment to (but excluding) the interest payment date for such interest period. For the purposes of the Interest Act (Canada), whenever interest is computed 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, such rate of interest shall be expressed as set forth hereina yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.

Appears in 2 contracts

Samples: Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Interest. Central European Media Enterprises Ltd.(a) Ryerson, Inc., a company organized under the laws of Bermuda Delaware corporation, or its successor (the together, IssuerRyerson”), promises and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (as defined herein“Notes”) at the a fixed rate of 15.09% per annum. Interest on this Note The Issuers will be payable semi-annually pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on June 1 April 15 and December 1October 15, commencing on April 15, 2013 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 this Note will the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the Issue 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 October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuer promises Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to pay such 1% per annum in excess of the then applicable interest rate 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 extent lawful; 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 such payment. The Issuer shall pay interest on overdue principal and (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and on (without regard to any Additional Amounts as specified in applicable grace period) at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts lawful. Interest shall be computed on the basis of a 360-day year comprised 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 set forth hereinthe same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

Interest. Central European Media Enterprises Ltd.(a). Marquee Holdings Inc., a company organized Delaware corporation (such corporation, and its successors under the laws of Bermuda (Indenture hereinafter referred to, being herein called the “Issuer”"COMPANY"), promises to pay interest on the principal amount at maturity of this Note (Security at the rate per annum shown above. Unless the Company elects to pay cash interest as defined herein) described below, no cash interest will accrue on the Securities prior to August 15, 2009. The Accreted Value of each Security will increase from the date of issuance until August 15, 2009, at a rate of 12% per annum, compounded semiannually on each February 15 and August 15 commencing February 15, 2005, reflecting the accrual of non-cash interest, such that the Accreted Value will equal the stated principal amount at maturity on August 15, 2009. Cash interest on the Securities will accrue at the rate of 15.012% per annum. Interest on this Note will be payable semi-annually in arrears on June 1 and December 1annum from August 15, 2009, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on this Note will accrue from the most recent date to which interest has been paid oror provided for, if no interest has been paidand will be payable in cash semiannually on February 15 and August 15 of each year (each an "INTEREST PAYMENT DATE"), from and including the Issue Date. The Issuer promises commencing on February 15, 2010, to pay such interest holders of record 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 dateimmediately preceding February 1 and August 1, 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)respectively. Notwithstanding the foregoing, the Issuer shall be deemed to have elected to make a PIK on any Interest Payment with respect to the entire principal amount of the Notes for all interest payment dates occurring Date prior to November August 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 Interest2009, the Global Notes will bear Company may elect to commence to pay cash interest on such increased principal amount (from and after such Interest Payment Date), in which case (i) the date Company will be obligated to pay cash interest on each subsequent Interest Payment Date, (ii) the Securities will cease to accrete after such Interest Payment Date and (iii) the outstanding principal amount at Stated Maturity of each Security will be equal to the Accreted Value of such paymentSecurity as of such Interest Payment Date. Interest and Accreted Value will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Issuer Company shall pay interest on overdue principal at the rate borne by the Securities plus 1% per annum, and it shall pay interest on overdue installments of interest and on any Additional Amounts as specified in at the Indenture. Any interest paid on this Note shall be increased rate borne by the Securities to the extent necessary to pay Additional Amounts lawful. Interest will be payable as set forth hereindescribed in the foregoing paragraph, except as described under Section 15 of this Security.

Appears in 2 contracts

Samples: Merger Agreement (Marquee Holdings Inc.), Merger Agreement (Amc Entertainment Inc)

Interest. Central European Media Enterprises Videotron Ltd., a company organized corporation under the laws of Bermuda Québec (the “IssuerCompany”), promises to pay interest (as defined in the Indenture) on the principal amount of this Note (as defined herein) at the rate of 15.05.75% per annumannum until maturity. Interest on this Note will be payable The Company shall pay interest semi-annually in arrears in equal installments (except as noted below) on June 1 March 15 and December 1September 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 this Note will the Notes shall 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 dateissuance; provided, the Issuer may electhowever, at its option, to pay interest due on the Notes on such interest payment date (i) entirely that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be March 15, 2016. The Issuer Company 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 under the Indenture and this Note; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (without regard to any applicable grace periods), from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. In the case of the final interest period, if applicable (from September 15, 2025 to pay Additional Amounts January 15, 2026), interest will be 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 365-day year and the actual number of days elapsed from (and including) the date of the previous interest payment to (but excluding) the interest payment date for such interest period. For the purposes of the Interest Act (Canada), whenever interest is computed 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, such rate of interest shall be expressed as set forth hereina yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.

Appears in 2 contracts

Samples: Subordination Agreement (Videotron Ltee), Subordination Agreement (Quebecor Media Inc)

Interest. Central European Media Enterprises Ltd.ArcelorMittal, a company société anonyme organized under the laws of Bermuda (the “Issuer”), promises to Luxembourg law will pay interest on the principal amount of this Note (as defined herein) the US $1,000,000,000 Securities at the rate of 15.06.75% per annumannum from March 7, 2011 until Maturity. Interest on this Note will be payable subject to adjustment in accordance with Article III of the Fourth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture, semi-annually in arrears on June March 1 and December September 1 of each year (each an Interest Payment Date) commencing on September 1, 2011, to the Holders of Securities registered as such as of close of business on February 15 and August 15, 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 in 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, 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 Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (eacheach such period, an “interest payment dateInterest Period”). Interest on 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 Securities will be payable calculated in the manner set forth in accordance with Section 2.17 3.10 of the Indenture. Following an increase Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the principal amount Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the outstanding Global Notes as a result of the payment of PIK Interestsuch Securities up to that seventh day, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased except to the extent necessary that there is failure in the subsequent payment to pay Additional Amounts as set forth hereinthe relevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. Central European Media Enterprises Ltd.Compressco Partners, L.P., a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises and Compressco Finance Inc., a Delaware corporation (together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.07.25% per annumannum until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June 1 February 15 and December 1August 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be , . The Issuer shall 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 equal to the then applicable interest rate on the Notes; 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 any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 2 contracts

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

Interest. Central European Media Enterprises Ltd.Eclipse Resources I, LP, a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises to pay or cause to be paid interest on the principal amount of this Note (as defined herein) Security at the rate of 15.012.0% per annumannum in the case of cash interest (“Cash Interest”) and 13.0% per annum in the case of PIK Interest from June 26, 2013 until maturity. Interest on this Note The Company will be payable pay interest, if any, semi-annually in arrears on June 1 January 15 and December 1July 15 of each year (each, an “Interest Payment Date”), or if any such day is not a Business Day, on the next succeeding Business Day (eachDay; provided, an “that no interest payment date”)shall accrue for the intervening period. Interest on this Note the 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 original issuance; provided that, if this Security is authenticated between a record date referred to on the face hereof and including 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, 2014. At the Company’s option, for the first two semi-annual interest payments following the Issue Date. The Issuer promises to pay such , interest on the Notes on any interest payment date entirely will be payable by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing the principal amount of the outstanding Notes Global Securities or by issuing PIK Securities (“PIK Interest”) on such interest payment date). With respect to interest on At the Notes Company’s option, for a the subsequent four semi-annual period due on an interest payment datepayments thereafter, 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 form of 6.0% per annum in cash and 7.0% per annum in PIK Interest. Thereafter, interest can only be paid as Cash Interest. In the absence of an interest payment election made by the Company as set forth above, interest on the Securities shall be payable as Cash Interest only. Notwithstanding anything to the contrary, the payment of accrued interest in Section 2.17 connection with any redemption or purchase of the IndentureSecurities, as described in Sections 3.05, 4.07, 4.09 and 4.18 of the Indenture shall be made solely as Cash Interest only. At all times, PIK Interest on the Securities will be payable (x) with respect to Securities represented by one or more Global Securities registered in the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant record date, by increasing the principal amount of the outstanding Global Security by an amount equal to the amount of PIK Interest payable for the applicable interest period (rounded down to the nearest whole dollar) as provided in an Authentication Order from the Company to the Trustee and (y) with respect to Securities represented by Definitive 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 down to the nearest whole dollar), and the Trustee will, at the request of the Company, authenticate and deliver such PIK Securities 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 Notes Securities as a result of the payment of a PIK InterestPayment, the Global Notes Securities will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the IndenturePIK Payment. Any PIK Securities will be dated as of the applicable Interest Payment Date and will bear interest paid from and after such date. All Securities issued pursuant to a PIK Payment will mature on this Note shall July 15, 2018 and will be increased governed by, and subject to the extent necessary to pay Additional Amounts terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as set forth hereinthe Securities issued on the Issue Date. Any PIK Securities will be issued with the description “PIK” on the face of such PIK Security. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months.

Appears in 2 contracts

Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp)

Interest. Central European Media Enterprises Ltd.CPM Holdings, Inc., a company organized under the laws of Bermuda Delaware corporation (the “IssuerCompany”), promises to pay interest on the principal amount of this Note (as defined herein) at 10⅝% per annum from ________________, 20__ until maturity and shall pay the rate Special Interest, if any, payable pursuant to Section 4 of 15.0% per annumthe Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Special Interest, if any, semi-annually in arrears on June March 1 and December 1September 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be _____________, 20_. The Issuer shall 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 2% 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 Special Interest, if any, (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 2 contracts

Samples: Intercreditor Agreement (CPM Holdings, Inc.), CPM Holdings, Inc.

Interest. Central European Media Enterprises Ltd., a company organized under (a) Each Junior Subordinated Note will bear interest at (i) the laws rate of Bermuda 7.50% per annum (the “IssuerFixed Coupon Rate”) until June 30, 2016 (the “Fixed Rate Period”), promises to pay interest on and (ii) the principal amount of this Note (as defined herein) at the rate of 15.0Three-Month LIBOR Rate plus 2.825% per annum. Interest , reset quarterly on this Note the LIBOR Rate Reset Dates (the “Floating Coupon Rate” and, together with the Fixed Coupon Rate, the “Coupon Rate”), from June 30, 2016 up to, but not including, the Stated Maturity (the “Floating Rate Period”), and will be bear interest on any overdue principal at the then prevailing Coupon Rate and (to the extent that payment of such interest is enforceable under applicable law) on any overdue installment of interest at the then prevailing Coupon Rate (“Additional Interest”), compounded semi-annually for the Fixed Rate Period and quarterly for the Floating Rate Period, payable (subject to the provisions of Article IV) semi-annually in arrears on the 30th day of June 1 and December 1, or if any such day is not a Business Day, of each year during the Fixed Rate Period and quarterly in arrears on the next succeeding Business Day 30th day of March, June, September and December of each year during the Floating Rate Period (each, an “interest payment dateInterest Payment Date”). , commencing on December 30, 2006 for the Fixed Rate Period and September 30, 2016 for the Floating Rate Period to the Person in whose name such Junior Subordinated Note is registered, subject to certain exceptions, at the close of business on the Record Date next preceding such Interest on 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 Payment Date. The Issuer promises “Record Date” for payment of interest will be the Business Day next preceding the Interest Payment Date, unless such Junior Subordinated Note is registered to pay such interest on a holder other than the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date Depositary or (ii) increasing the principal amount a nominee of the outstanding Notes (“PIK Interest”) on such Depositary, in which case the Record Date for payment of interest payment date. With respect to interest on will be the Notes for a semi-annual period due on an interest payment date, fifteenth calendar day preceding 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 applicable Interest Payment (and if the Issuer does Date, whether or 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinBusiness Day.

Appears in 2 contracts

Samples: First Supplemental Indenture (Dominion Resources Inc /Va/), First Supplemental Indenture (Dominion Resources Inc /Va/)

Interest. Central European Media Enterprises Ltd.Innophos, Inc., a company organized under the laws of Bermuda Delaware corporation (the “IssuerCompany”), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.08.875% per annumannum 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. Interest on this Note The Company will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June 1 August 15 and December 1February 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be , 20 . The Issuer shall 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 any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 2 contracts

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

Interest. Central European Media Enterprises Ltd.Trinity Industries, Inc., a company organized Delaware corporation (such corporation, and its successors and assigns under the laws of Bermuda (Indenture hereinafter referred to, being herein called the “IssuerCompany”), promises to pay interest on the principal amount of this Note (as defined herein) Security at the rate of 15.03 7 / 8 % per annum. Interest on this Note The Company will be payable semi-annually in arrears pay interest semiannually on June 1 and December 1 of each year commencing December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”)2006. Interest on this Note the 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 and including the Issue DateJune 7, 2006. The Issuer promises to pay such interest Interest will be computed on the Notes basis of a 360-day year of twelve 30-day months. Interest on any Securities converted after the close of business on a Regular Record Date, but prior to the opening of business on the corresponding interest payment date entirely by (i) paying cash (“Cash Interest”) date, will be paid to the Holder on such the Regular Record Date but, upon conversion, the Holder must pay the Company the interest payment date or (ii) increasing which has accrued and will be paid to the principal amount of the outstanding Notes (“PIK Interest”) Holder on such interest payment date. With No such payment need be made with respect to interest on the Notes for Securities in respect of which a semi-annual Redemption Date has been declared that falls within such period due on an interest payment date, the Issuer may elect, at its option, to pay interest due on the Notes or on such interest payment date date. A Holder shall be entitled to receive accrued and unpaid interest, including any Contingent Interest, in respect of a Security (iA) 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 Company calls such notice Security for redemption and such Holder converts such Security on or prior to the Cash Election DeadlineRedemption Date, then (B) if the Company establishes a PIK Interest Payment shall be made Fundamental Change Purchase Date during the period from the close of business on any Regular Record Date to the opening of business on the corresponding interest payment date has been established that falls within this period or on such interest payment date). Notwithstanding day and such Holder converts its Security prior to the foregoingFundamental Change Purchase Date, (C) if a Holder converts the Issuer shall be deemed Securities following the Record Date immediately preceding the Stated Maturity, or (D) to have elected to make a PIK Interest Payment the extent of any overdue interest, if any overdue interest exists at the time of conversion with respect to a Security. If the entire principal amount hereof or any portion of such principal is not paid when due (whether upon acceleration, upon the date set for payment of the Notes redemption price pursuant to paragraph 6 hereof, upon the date set for all payment of a Purchase Price or Fundamental Change Purchase Price pursuant to paragraph 7 hereof or upon the Stated Maturity of this Security) or if interest payment dates occurring prior (including Contingent Interest, if any) due hereon or any portion of such interest is not paid when due in accordance with this paragraph, then in each such case the overdue amount shall bear interest at the rate of 3 7 / 8 % per annum, compounded semiannually (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 extent that the payment of PIK Interestsuch interest shall be legally enforceable), the Global Notes will bear which interest on such increased principal amount shall accrue from and after the date such overdue amount was due to the date payment of such paymentamount, including interest thereon, has been made or duly provided for. The Issuer shall pay All such interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinpayable on demand.

Appears in 2 contracts

Samples: Trinity Industries Inc, Indenture (Trinity Industries Inc)

Interest. Central European Media Enterprises Ltd.TV One, LLC, a company organized under the laws of Bermuda Delaware limited liability Company (the “IssuerCompany”), promises TV One Capital Corp., a Delaware corporation (“Capital Corp.”, and together with the Company, the “Issuers”), promise to pay or cause to be paid interest on the principal amount of this Note (as defined herein) at the rate of 15.010.00% per annum. Interest on this Note The Issuers will be payable semi-annually pay interest, if any, monthly in arrears on June 1 and December 1the fifteenth (15th) day of each month of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, a “Monthly Interest Payment Date”); provided that the Issuers may make a one-time election (a “Semiannual Interest Payment Election”) to pay interest, if any, semiannually in arrears on the six-month anniversaries of the Monthly Interest Payment Date immediately preceding the date of the Semiannual Interest Payment Election, or if any such day is not a Business Day, on the next succeeding Business Day (each, a “Semiannual Interest Payment Date” and together with a Monthly Interest Payment Date, an “interest payment dateInterest Payment Date”). Interest on this Note 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; provided that, if this Note is authenticated between a record date referred to on the face hereof and including the Issue 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 15, 2011. The Issuer promises to Issuers will pay such interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at a rate that is 1% higher than the then applicable interest rate on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing to 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 extent lawful; they will pay interest due on the Notes on such (including post-petition interest payment date (iin any proceeding under any Bankruptcy Law) 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest, if any (without regard to any applicable grace period), at a rate that is 1% higher than the then applicable interest and rate on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased Notes to the extent necessary lawful. The Issuers may make a one-time Semiannual Interest Payment Election at any time prior to pay Additional Amounts as set forth hereinthe beginning of the interest period that begins immediately prior to the Stated Maturity of this Note by delivering a written notice to the Trustee and the Holders. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months.

Appears in 2 contracts

Samples: Global Security (Radio One, Inc.), Indenture (Radio One, Inc.)

Interest. Central European Media Enterprises Ltd.Guitar Center Holdings, Inc., a company organized under the laws of Bermuda Delaware corporation and any successor thereto (“Holdings” or the “IssuerCompany), ) promises to pay interest on the principal amount of this 14.09% Senior PIK Note due 2018 (as defined hereina “14.09% Senior PIK Note”) at the a fixed rate of 15.014.09% per annum. Interest on this Note Holdings will be payable semi-annually pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on June 1 April 15 and December 1October 15, or commencing on October 15, 2008 or, with respect to Cash Interest (as defined below) 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 this Note will the 14.09% Senior PIK Notes shall 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 ; provided that (i) paying cash if there is no existing Default or Event of Default in the payment of interest, and if this 14.09% Senior PIK Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (“Cash Interest”) on but after August 6, 2008), interest shall accrue from such interest payment date or next succeeding Interest Payment Date, and (ii) in the case of the original issuance of 14.09% Senior PIK Notes, interest shall accrue from April 15, 2008. Holdings shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to the then applicable interest rate on the 14.09% Senior PIK Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any (without regard to any applicable grace period), at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the 14.09% Senior PIK 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. Cash Interest (as defined below) on the 14.09% Senior PIK Notes will accrue at fixed rate of 14.09% per annum and be payable in cash. PIK Interest on the 14.09% Senior PIK Notes will be payable (x) with respect to 14.09% Senior PIK Notes represented by one or more global notes registered in the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant record date, by increasing the principal amount of the outstanding Notes (“global 14.09% Senior PIK Interest”) on such interest payment date. With respect Note by an amount equal 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 amount of 15.0% per annum (“Cash Interest Payment”) or (ii) entirely in PIK Interest at for the rate of 15.0% per annum applicable interest period (“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 rounded up to the Trustee no later than 10 days prior to such interest payment date nearest $1.00) and (the “Cash Election Deadline”y) 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 14.09% Senior PIK Notes represented by certificated notes, by issuing PIK Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable period (rounded up to the nearest whole dollar), and the Trustee will, at the request of the Company, authenticate and deliver such PIK Notes in certificated form for all interest payment dates occurring prior original issuance to November 15, 2015. PIK Interest the Holders on the Notes will be payable in relevant record date, as shown by the manner set forth in Section 2.17 records of the Indentureregister of Holders. Following an increase in the principal amount of the outstanding Global global 14.09% Senior PIK Notes as a result of the payment of a PIK InterestPayment, the Global global 14.09% Senior PIK Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the IndenturePIK Payment. Any PIK Notes issued in certificated form will be dated as of the applicable interest paid payment date and will bear interest from and after such date. All 14.09% Senior PIK Notes issued pursuant to a PIK Payment will mature on this Note shall the same date as the other 14.09% Senior PIK Notes and will be increased governed by, and subject to the extent necessary to pay Additional Amounts terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as set forth hereinthe 14.09% Senior PIK Notes issued on the Issue Date. Any certificated PIK Notes will be issued with the description PIK on the face of such PIK Note.

Appears in 2 contracts

Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

Interest. Central European Media Enterprises Ltd.Xxxxxx Software, Inc., a company organized Delaware corporation, (such corporation, and its successors and assigns under the laws of Bermuda (Indenture hereinafter referred to, being herein called the “Issuer”), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.010% per annumannum from April 5, 2012 until maturity and shall pay Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. Interest on this Note The Issuer will be payable pay interest semi-annually in arrears on June every April 1 and December 1October 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note will the Euro Notes shall 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 such paymentissuance; provided, that the first Interest Payment Date shall be October 1, 2012. The Issuer shall pay interest on overdue principal at the rate specified herein, and it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and on (including Additional Interest) (without regard to any Additional Amounts as specified in applicable grace period) at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest on the Euro Notes will be computed on the basis of a 360-day year comprised of twelve 30-day months. In addition to pay Additional Amounts the rights provided to Holders of the Euro Notes under the Indenture, Holders of Registrable Securities (as defined in the Registration Rights Agreement) shall have all rights set forth hereinin the Registration Rights Agreement, dated as of April 5, 2012, among the Issuer, 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 Temporary Regulation S 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 Global Note shall in all other respects be entitled to the same benefits as other Euro Notes under the Indenture.]

Appears in 1 contract

Samples: Indenture (Trisyn Group, Inc.)

Interest. Central European Media Enterprises Ltd.CYBERNET INTERNET SERVICES INTERNATIONAL, INC., a company organized under the laws of Bermuda Delaware -------- corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate and in the manner specified below. The Notes will accrue interest at a rate per annum of 15.013.0% per annum. Interest on this Note will the principal amount then outstanding, and be payable to the Holder hereof semi-annually in arrears on June 1 each February 15 and December 1August 15, or if any such day is not a Business Day, Day on the next succeeding Business Day (each, an “interest payment date”)Day. Interest on this Note 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 hereof. Interest is payable through and including the Issue interest payment due on August 15, 2004 (or the next succeeding Business Day, if required as set forth above) solely in Secondary Notes which, upon issuance, shall become Notes for all purposes governed by the Indenture. Thereafter, interest shall be payable solely in cash. Interest will be computed on the basis of a 360-day year of twelve 30-day months. No payments, in cash or otherwise, will be made in respect of any fractional denomination amounts to which Holders would otherwise be entitled (including, without limitation, in respect of interest paid in the form of Secondary Notes); provided, however, that a Holder's entitlement to such Secondary Notes in denominations of (Euro)1.00 or integral multiples thereof shall be calculated on the basis of the aggregate principal amount of Notes registered in such Holder's name on the relevant Record 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 such payment. The Issuer Company shall pay interest on overdue principal and on overdue installments of interest (without regard to any applicable grace periods), on any Additional Amounts, and on any Additional Amounts as specified in Liquidated Damages, from time to time on demand at the Indenturerate borne by the Notes plus 1.5% per annum to the extent lawful. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth herein. Amounts payable pursuant to this paragraph shall be payable through and including August 15, 2004, in Secondary Notes and thereafter only in cash. If the Company issues Secondary Notes in lieu of cash payment of interest due on any Interest Payment Date pursuant to this paragraph 1, it shall give notice to the Trustee not less than five Business Days prior to the relevant Interest Payment Date, and shall instruct the Trustee upon Company Order given not less than five or more than 45 days prior to such Interest Payment Date to authenticate Secondary Notes, dated such Interest Payment Date, in a principal amount equal to the amount of interest not paid in cash in respect of this Note on such Interest Payment Date. Each issuance of Secondary Notes in lieu of cash payments of interest on the Notes shall be made pro rata with respect to the outstanding Notes. Any such Secondary Notes shall be subject to the same terms (including maturity date and rate of interest from time to time payable thereon) as this Note except, as the case may be, with respect to the title, issuance date and aggregate principal amount.

Appears in 1 contract

Samples: Cybernet Internet Services International Inc

Interest. Central European Media Enterprises Ltd.CCO Holdings, LLC, a Delaware limited liability company organized under the laws of Bermuda (the “IssuerCompany”), promises and CCO Holdings Capital Corp., a Delaware corporation (“Capital Corp” and, together with the Company, the “Issuers”), promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.05.250% per annumannum from the Issue Date until maturity and shall pay the Special Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. Interest The interest rate on this Note the Notes is subject to increase pursuant to the provisions of the Registration Rights Agreement, as applicable. The Issuers will be payable pay interest (including Special Interest, if any) semi-annually in arrears on June 1 March 15 and December 1September 15 of each year (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 this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be September 15, 2013. The Issuer 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 1.00% per annum in excess of the rate then in effect; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (including Special Interest, if any) (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Charter Communications, Inc. /Mo/)

Interest. Central European Media Enterprises Ltd.Diamond 1 Finance Corporation, a company organized under the laws of Bermuda Delaware corporation (the IssuerXxxxx 1”), promises and Diamond 2 Finance Corporation, a Delaware corporation (“Xxxxx 2” and, together with Xxxxx 1, the “Fincos”), promise to pay interest on the principal amount of this Note (as defined herein) 2036 Note, subject to adjustment pursuant to Section 2 of this 2036 Note, at the rate of 15.08.100% per annumannum (the “Original Interest Rate”), from June 1, 2016 until Maturity and shall pay Special Interest, if any, payable pursuant to the Registration Rights Agreement. Interest on Upon consummation of the Transactions, (x) Xxxxx 1 will merge with and into Dell International and Dell International will assume the obligations of Xxxxx 1 pursuant to the Effective Date Issuers Supplemental Indenture and (y) Xxxxx 2 will merge with and into EMC and EMC will assume the obligations of Xxxxx 2 pursuant to the Effective Date Issuers Supplemental Indenture, in each case under this Note will be payable 2036 Note. The Issuers shall pay interest and Special Interest, if any, semi-annually in arrears on June 1 January 15 and December 1July 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note will the 2036 Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including June 1, 2016; provided that the Issue Datefirst Interest Payment Date shall be January 15, 2017. 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 such payment. The Issuer 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 the interest rate on the 2036 Notes to the extent lawful; the Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Special Interest, if any, from time to time on any Additional Amounts as specified in demand at the Indentureinterest rate on the 2036 Notes. Any interest paid on this Note Interest shall be increased to computed on the extent necessary to pay Additional Amounts basis of a 360-day year comprised of twelve 30-day months. The interest rate on the 2036 Notes will in no event be higher than the maximum rate permitted by New York law as set forth hereinthe same may be modified by United States law of general application. This note is one of the series designated on the face hereof (individually, a “2036 Note” and, collectively, the “2036 Notes”).

Appears in 1 contract

Samples: Denali Holding Inc.

Interest. Central European Media Enterprises Ltd.PMD Group Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"COMPANY"), promises to pay interest on the principal amount of this Note (as defined herein) at 11% per annum from September 15, 2001 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on the Notes will accrue at the rate of 15.011% per annumyear. Interest on this Note The Company will be payable pay interest and Liquidated Damages semi-annually in arrears on June 1 March 15 and December 1September 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 PAYMENT DATE"). Interest on this Note the Notes 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 issuance; PROVIDED that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between an Interest Record Date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from next succeeding Interest Payment Date; and after PROVIDED FURTHER that the date of such paymentfirst Interest Payment Date shall be September 15, 2001. The Issuer Company 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; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under this Indenture.

Appears in 1 contract

Samples: Indenture (Noveon Inc)

Interest. Central European Media Enterprises Ltd.Cabot Financial (Luxembourg) II S.A., a company organized société anonyme incorporated under the laws of Bermuda Luxembourg with registered office at 0, xxx Xxxxxxx Xxxxxxxx, L-5365 Munsbach, Luxembourg, registered with the register of commerce and companies of Luxembourg under the number B 201.268 (the “Issuer”), promises to pay interest on at a rate per annum (the principal amount “Applicable Rate”), reset quarterly, equal to the sum of this Note (i) three‑month EURIBOR plus (ii) 5.875% (the “Margin”), as defined herein) at determined by and agent appointed by the rate Issuer to calculate EURIBOR for the purposes of 15.0% per annumthe Indenture (the “Calculation Agent”). Interest on this Note The Notes will be payable semi-annually pay interest, in cash, quarterly in arrears on June 1 February 15, May 15, August 15 and December 1November 15 of each year, or if any such day date is not a Business Day, on the next succeeding Business Day (each, each an “interest payment dateInterest Payment Date”). Interest on this Note the Notes will accrue from the most recent date to which interest has been paid of original issuance or, if no interest has already 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 Date for which interest was most recently paid; provided that the Issuer does not deliver such notice on or prior to the Cash Election Deadline, then a PIK first Interest Payment Date 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 February 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 such payment2016. The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, and on overdue installments of interest and interest, if any (without regard to any applicable grace periods), from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest will be computed on the basis of a 360-day year and the actual number of days elapsed. The Calculation Agent shall, as soon as practicable after 11:00 a.m. (Brussels time) on each Determination Date, determine the Applicable Rate and calculate the aggregate amount of interest payable in respect of the following Interest Period (the “Interest Amount”). The Interest Amount will be calculated by applying the Applicable Rate to pay Additional Amounts as set forth hereinthe principal amount of each Note outstanding at the commencement of the Interest Period, multiplying each such amount by the actual amounts of days in the Interest Period concerned divided by 360. All percentages resulting from any of the above calculations will be rounded, if necessary, to the nearest one hundred thousandth of a percentage point, with five one‑millionths of a percentage point being rounded upwards (e.g., 4.876545% (or .04876545) being rounded to 4.87655% (or .0487655)). All euro amounts used in or resulting from such calculations will be rounded to the nearest euro cent (with one‑half euro cent being rounded upwards). In no event will the rate of interest on the Notes be higher than the maximum rate permitted by applicable law, provided, however, that the Calculation Agent shall not be responsible for determining nor verifying that the rate of interest on the Notes is higher than the maximum rate permitted under any applicable law.

Appears in 1 contract

Samples: Indenture (Encore Capital Group Inc)

Interest. Central European Media Enterprises Ltd.CCO Holdings, LLC, a Delaware limited liability company organized under the laws of Bermuda (the “IssuerCompany”), promises and CCO Holdings Capital Corp., a Delaware corporation (“Capital Corp” and, together with the Company, the “Issuers”), promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.05.750% per annumannum from the Issue Date until maturity and shall pay the Special Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. Interest The interest rate on this Note the Notes is subject to increase pursuant to the provisions of the Registration Rights Agreement, as applicable. The Issuers will be payable pay interest (including Special Interest, if any) semi-annually in arrears on June March 1 and December 1September 1 of each year (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 this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be September 1, 2013. The Issuer 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 1.00% per annum in excess of the rate then in effect; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (including Special Interest, if any) (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Seventh Supplemental Indenture (Charter Communications, Inc. /Mo/)

Interest. Central European Media Enterprises Ltd.Breitburn Energy Partners LP, a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises Breitburn Operating LP, a Delaware limited partnership (“Operating Partnership”), Breitburn Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with the Company and the Operating Partnership, the “Issuers”), jointly and severally promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.09.25% per annumannum from April 8, 2015 until maturity and shall pay the Additional Interest payable pursuant to the Indenture. Interest on this Note The Issuers will be payable semi-annually pay interest and Additional Interest, if any, quarterly in arrears on March 31, June 1 30, September 30 and December 131 of each year, commencing June 30, 2015, or if any such day is not a Business Day, on the next succeeding Business Day (each, each an “interest payment dateInterest Payment Date”). Additional Interest shall be payable in cash on demand by the Trustee. Interest on this Note the Notes 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 of original issuance; provided that if there is no existing Default or (ii) increasing the principal amount Event 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 Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from and after the date of such paymentauthentication. The Issuer 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 the rate then in effect; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Breitburn Energy Partners LP)

Interest. Central European Media Enterprises Ltd.Premier Entertainment Biloxi LLC, a Delaware limited liability company organized under the laws of Bermuda (the “Issuer”"PREMIER"), promises and Premier Finance Biloxi Corp. a Delaware corporation ("PREMIER FINANCE" and together with Premier, the "ISSUERS"), jointly and severally, promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.010 3/4% per annumannum from January 23, 2004 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June February 1 and December 1August 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 PAYMENT DATE"). Interest on this Note the Notes 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 dateissuance; PROVIDED, the Issuer may electHOWEVER, at its option, to pay interest due on the Notes on such interest payment date (i) entirely that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof (each a "RECORD DATE") and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; PROVIDED, FURTHER, that the date of such paymentfirst Interest Payment Date shall be August 1, 2004. The Issuer shall 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; 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 any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Consent and Agreement (Premier Finance Biloxi Corp)

Interest. Central European Media Enterprises Ltd.American Apparel, Inc., a company organized under the laws of Bermuda Delaware corporation (the “IssuerCompany”), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.0% per annum. annum shown above [and shall pay Additional Interest, if any, pursuant to the Registration Rights Agreement referred to below].(1) Interest on this Note will be payable semi-annually in arrears on June 1 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on this Note will accrue from the most recent date to on which interest has been paid or, if no interest has been paid, from and including the Issue Datedate of issuance. The Issuer promises Company will pay interest in cash semi-annually in arrears on April 15 and October 15 of each year (each, an “Interest Payment Date”) beginning on October 15, 2013; provided that if any such day is not a Business Day, on the next succeeding Business Day such interest shall be payable. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Company shall pay interest on overdue principal of (including interest accruing at the then applicable rate provided in the Indenture Documents after the occurrence of any Event of Default set forth in Section 6.01(6) or (7) of this Indenture, whether or not a claim for post-filing or post-petition interest is allowed under applicable law following the institution of proceeding under bankruptcy, insolvency or similar laws) and premium, if any, on the Notes at 1% per annum in excess of the rate per annum set forth in the Notes (the “Default Rate”), and it shall pay interest on overdue installments of interest, if any, at the same Default Rate to pay such the extent lawful. If a Special Interest Trigger Event occurs, 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 will accrue at the rate of 15.0% per annum (“Cash annum, retroactive to the Issue Date. If a Special Interest Payment”) or (ii) entirely Trigger Event occurs, for any interest payment date prior to April 15, 2018, the Company will, in PIK Interest at lieu of the rate payment in cash of 15.0interest due on the Notes which is in excess of 13.0% per annum (“PIK Interest Payment”other than default interest as described above). In order to elect to , pay Cash Interest on any interest payment date, the Issuer must deliver a written notice such amount in excess of its election to the Trustee no later than 10 days prior to 13.0% per annum (and only such interest payment date excess amount) (the “Cash Election DeadlineSpecial Interest”) specifying that it is electing a Cash by adding such Special 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 principal amount of the Notes on such interest payment date). Notwithstanding the foregoingIf a Special Interest Trigger Event occurs, the Issuer shall be deemed to have elected to make a PIK Special Interest Payment with respect will apply retroactively to the entire principal Issue Date and the Company will pay an amount of equal to such Special Interest owning on the Notes for all since the Issue Date on April 15, 2014. For each interest payment dates occurring prior to November date on or after April 15, 2015. PIK Interest 2018, interest on the Notes will be payable only 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereincash.

Appears in 1 contract

Samples: Indenture, (American Apparel, Inc)

Interest. Central European Media Enterprises Ltd.Houghton Mifflin, LLC, a Delaware limited liability company organized under the laws of Bermuda (the “Issuer”)) and Houghton Mifflin Finance, promises Inc. (the “Co-Issuer” and together with the Issuer, the “Issuers”) promise to pay interest on the Notes at a rate per annum, reset semi-annually, equal to LIBOR plus 6.75% per annum (or (x) 7.25% per annum for each Interest Period commencing on or after November 15, 2007 and (y) 7.75% per annum for each Interest Period commencing on or after May 15, 2009), as determined by an agent appointed by the Issuer to calculate LIBOR (the “Calculation Agent”). The Calculation Agent shall initially be the Trustee. Interest will be payable, at the election of the Issuers (made prior to the relevant record date in the case of cash interest), either in cash or through the issuance of Additional PIK Notes in a principal amount of this Note (as defined herein) at the rate of 15.0% per annumequal to such interest amount. Interest on this Note The Additional PIK Notes will be payable identical to the originally issued Notes, except that interest will begin to accrue from the date they are issued rather than the Issue Date. The Issuers will pay interest semi-annually in arrears on June 1 May 15 and December 1November 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). ) commencing November 15, 2006.a Interest on this Note the Notes will accrue from the most recent date to which interest has been paid or; provided that if there is no existing Default in the payment of interest, and if no this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest has been paid, shall accrue from and including the Issue such next succeeding Interest Payment 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 such payment. The Issuer 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 to the extent lawful at the interest rate applicable to the Notes; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. The Notes will be issued in denominations of $2,000 and integral multiples of $1,000; provided, however, that Additional PIK Notes issued in payment of interest will be issued in denominations of $1.00 and integral multiples of $1.00. Payments to pay be made in the form of Additional Amounts as set forth herein.PIK Notes shall be rounded to the nearest dollar. a With respect to the Notes issued on the Issue Date. For purposes of this Section 1, the following terms shall have the meanings indicated below:

Appears in 1 contract

Samples: Houghton Mifflin Finance, Inc.

Interest. Central European Media Enterprises Ltd.The Chukchansi Economic Development Authority (the "Authority"), a company organized under wholly owned unincorporated enterprise of the laws Picayune Rancheria of Bermuda Chukchansi Indians, a sovereign tribe recognized by the United States pursuant to 25 C.F.R. Part 83 (the “Issuer”"Tribe"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.014 1/2% per annumannum from October 8, 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Authority will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June April 1 and December 1October 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 Payment Date"). Interest on this Note the Notes 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 dateissuance; provided, the Issuer may electhowever, at its option, to pay interest due on the Notes on such interest payment date (i) entirely that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof (each a "Record Date") and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be April 1, 2003. The Issuer shall Authority 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; 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 any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Chukchansi Economic Development Authority

Interest. Central European Media Enterprises Ltd.Grupo Xxxxxxx, S.A.B. de C.V., a company sociedad anónima bursátil de capital variable organized under the laws of Bermuda Mexico (the “IssuerCompany”), promises to pay interest on the principal amount of this Note at the Applicable Interest Rate in accordance with the terms hereof. Interest on the Notes will accrue on (a) the principal amount of the Notes at a rate equal to the Applicable Interest Rate and (b) in the case the PIK Interest Election (as defined hereinbelow) is exercised in accordance with the terms hereof, (i) at least half of the principal amount of the Notes at the Applicable Interest Rate and (ii) up to half of the principal amount of the Notes at a rate equal to the sum of 15.0the Applicable Interest Rate plus a 2.00% per annum. premium (the “PIK Interest on this Note will Rate”) and be payable semiin-annually kind in arrears on June 1 and December 1, or if any such day is not a Business Day, on accordance with the next succeeding Business Day terms hereof (each, an interest payment datePIK Interest”). Interest on this Note will shall accrue from the most recent date to on which interest has been paid [or, if no interest has been paid, from and including the Issue Datedate of the original issuance of the Notes]. The Issuer promises to Company will pay such interest semi-annually in arrears on each Interest Payment Date, with the first cash interest payment on December 30, 2021.14 Interest will be computed on the basis of a 360-day year of twelve 30-day months. Interest on the Notes on any interest payment date shall be payable entirely by (i) paying in cash (“Cash Interest”) on each Interest Payment Date, except that the Company may, at is option (the “PIK Interest Election”), for the Interest Payment Dates occurring on June 30, 2022, December 30, 2022, June 30, 2023 and December 30, 2023, elect to accrue interest on up to half of the principal amount of the Notes for such period in-kind as PIK Interest at the PIK Interest Rate (and the remaining principal amount of the Notes shall accrue interest payment date for such period as Cash Interest at the Applicable Interest Rate). The PIK Interest shall be payable (x) with respect to Notes represented by one or (ii) more Global Notes registered in the name of, or held by, DTC or its nominee on the relevant record date, by increasing the principal amount of the outstanding Global Note by an amount equal to 13 On the effective date of the plan of restructuring, for each US$1,000 in principal amount and all accrued and unpaid interest prior to the petition date in respect of the existing notes, holders of the existing notes will receive the following: new Notes in the aggregate principal amount equal to (i) US$1,000 plus (ii) an amount (the PIK InterestAdditional Initial Principal Amount”) equal to the sum of (x) 4% of a US$1,000 principal amount (computed on the basis of daily compounding) multiplied by (y) a fraction equal to the (A) the number of days that has elapsed from (and including) August 1, 2021 to (and including) the Issue Date divided by (B) 365 days; provided that if the Issue Date shall occur on or after January 1, 2022, then the amount calculated above for the period from August 1, 2021 to December 31, 2021 shall be paid to each holder of a Note on the Issue Date and such interest payment dateamount shall not be included as Additional Initial Principal Amount. With respect On the Effective Date and subject to consummation of the Plan of Reorganization with the terms set forth in Exhibit A, the Holders agree to waive the right to receive accrued and unpaid interest on the Notes for a semi-annual period due on an interest payment dateexisting notes from December 31, the Issuer may elect2019 through July 31, 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”)2021. 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 14 NTD: Same 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments above; calculation of interest and owing on any Additional Amounts as specified in the Indenture. Any December 30, 2021 to be agreed given no accrual of interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinduring Chapter 11 proceeding.

Appears in 1 contract

Samples: cms.posadas.com

Interest. Central European Media Enterprises Ltd.Western Refining Logistics, LP, a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises and WNRL Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the unpaid principal amount of this Note (as defined herein) at the rate of 15.07.50% per annumannum [and shall pay the Additional Interest payable pursuant to Section 2 of the Registration Rights Agreement referred to below]. Interest on this Note The Issuers will be payable pay interest and Additional Interest, if any, semi-annually in arrears on June 1 February 15 and December 1August 15 of each year, commencing August 15, 2015, 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 this Note the Notes 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 of original issuance; provided that if there is no existing Default or (ii) increasing the principal amount Event 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 Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from and after the date of such paymentauthentication. The Issuer 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 the rate then in effect; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest] (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Supplemental Indenture (Western Refining Logistics, LP)

Interest. Central European Media Enterprises Ltd.SRI Receivables Purchase Co., Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest inter est on the principal amount of this Note (as defined herein) at the rate of 15.012.5% per annumannum from the date this Note is issued until the earlier of the date on which principal is paid in full and January 15, 2003. Interest on this Note will accrue at a rate of 12.5% per annum and will be payable semi-annually in arrears on June 1 15 and December 115 of each year, or including the Expected Maturity Date (or, if any such day is not a Business Day, the first Business Day thereafter) (each a "Semi-Annual Interest Payment Date"), commencing December 16, 1996, except that, on and after the occurrence of an Event of Default, or on any day following the Expected Maturity Date, interest will be payable on the 15th day (or, if such day is not a busi ness day, then the first business day thereafter) of each month (each a "Monthly Payment Date" and together with each Semi-Annual Interest Payment Date, a "Payment Date"). Interest will accrue from each Payment Date to the day preceding the next succeeding Business Day Payment Date. In the case of any Event of Default occurring by reason of any willful action (eachor inaction) taken (or not taken) by or on behalf of the Company with the intention of avoiding payment of the premium that the Company would have had to pay if the Compa ny then had elected to redeem the Notes pursuant to Section 5.1 of the Indenture, an “interest payment date”). Interest on equivalent premium shall also become and be immediately due and payable to the extent permitted by law, anything in the Indenture or in this Note will accrue from to the most recent date contrary notwithstanding. If an Event of Default occurs prior to which interest has been paid orAugust 15, if no interest has been paid, from and including the Issue Date. The Issuer promises to pay such interest 1997 by reason of any willful action (or inaction) taken (or not taken) by or 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 behalf of the outstanding Notes (“PIK Interest”) Company with the intention of avoiding the prohibition 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 redemption 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 this Note 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 Deadlinedate, then a PIK Interest Payment the premium payable for purposes of this paragraph shall be made on such interest payment date). Notwithstanding the foregoing, the Issuer shall be deemed as specified pursuant to have elected to make a PIK Interest Payment with respect to the entire principal amount Section 5.1 of the Notes Indenture for all interest payment dates occurring prior to November the twelve-month period beginning December 15, 20151997. PIK Interest will be computed on the Notes will be payable in the manner set forth in Section 2.17 basis of the Indenture. Following an increase in the principal amount a 360-day year 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereintwelve 30-day months.

Appears in 1 contract

Samples: Indenture (Sri Receivables Purchase Co)

Interest. Central European Media Enterprises Ltd., US Unwired Inc. a company organized under the laws of Bermuda Louisiana corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.013 3/8% per annumannum in the manner specified below and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note will be payable not accrue prior to November 1, 2004. Thereafter, the Company will pay interest and Liquidated Damages semi-annually in arrears on June May 1 and December 1November 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 Payment Date"). Interest on this Note the Notes 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 dateNovember 1, the Issuer may elect, at its option, to pay interest due on the Notes on such interest payment date (i) entirely 2004; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be May 1, 2005. The Issuer Company 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; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Samples: Pledge and Security Agreement (Unwired Telecom Corp)

Interest. Central European Media Enterprises Ltd.Natural Resource Partners L.P., a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises and NRP Finance Corporation, a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the unpaid principal amount of this Note (as defined herein) at the rate of 15.010.500% per annumannum [and shall pay any Additional Interest payable pursuant to the Registration Rights Agreement referred to below. References herein to “interest” include such Additional Interest on this Note to the extent applicable.]4 The Issuers will be payable pay interest semi-annually in arrears on June 1 March 15 and December 1September 15 of each year, commencing September 15, 2017, 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 this Note the Notes 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 of original issuance]; provided that if there is no existing Default or (ii) increasing the principal amount Event 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 Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from and after the date of such paymentauthentication. The Issuer 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 the rate then in effect, to the extent lawful; and they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (without regard to any applicable grace periods), from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate, to the extent necessary to pay Additional Amounts as set forth herein.lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. 4 Include for Initial Notes, if applicable

Appears in 1 contract

Samples: Indenture (Natural Resource Partners Lp)

Interest. Central European Media Enterprises Ltd.ArcelorMittal, a company société anonyme organized under the laws of Bermuda (the “Issuer”), promises to Luxembourg law will pay interest on the principal amount of this Note the US $100,000,000 Securities at 6.250% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as defined herein) at amended by Article IV of the rate of 15.0% per annum. Interest on this Note will be payable Sixth Supplemental Indenture referred to below), semi-annually in arrears on June 1 February 25 and December 1August 25 of each year (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 in 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, 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 Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (eacheach such period, an “interest payment dateInterest Period”). Interest on 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 Securities will be payable calculated in the manner set forth in accordance with Section 2.17 3.10 of the Indenture. Following an increase Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the principal amount Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the outstanding Global Notes as a result of the payment of PIK Interestsuch Securities up to that seventh day, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased except to the extent necessary that there is failure in the subsequent payment to pay Additional Amounts as set forth hereinthe relevant Holders following such notification.

Appears in 1 contract

Samples: ArcelorMittal

Interest. Central European Media Enterprises Ltd.Appleton Papers Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.012 1/2% per annumannum from December 14, 2001 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Liquidated Damages semi-annually in arrears on June 1 15 and December 115 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 Payment Date"). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be June 15, 2002. The Issuer Company 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; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Samples: Indenture (Appleton Papers Inc/Wi)

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda Delphi Automotive PLC (the “Issuer”), ) promises to pay interest on the principal amount of this 2025 Note (as defined herein) at a rate per annum of 1.500% from March 10, 2015 until maturity or pursuant to Section 7.02 of the rate of 15.0% per annumFirst Supplemental Indenture. Interest The Issuer will pay interest on this 2025 Note will be payable semi-annually in arrears on June 1 and December 1March 10 of each year, or commencing on March 10, 2016, or, if any such day is not a Business Day, on the next succeeding Business Day (each, an “Interest Payment Date”). The Issuer will make each interest payment dateto the Holder of record of this 2025 Note on the immediately preceding February 23 (the “Regular Record Date”). Interest on this 2025 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 DateMarch 10, 2015. 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 will pay interest due on the Notes on such (including post-petition interest payment date (iin any proceeding under any Bankruptcy Law) 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 such payment. The Issuer shall pay interest on overdue principal and premium, if any, from time to time on demand at the rate borne by this 2025 Note; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified demand at the rate borne by this 2025 Note. Interest will be computed on the basis of the actual number of days in the Indenture. Any period for which interest is being calculated and the actual number of days from and including the date from which interest begins to accrue for the period (or from the Issue Date if no interest has been paid on this Note shall be increased the 2025 Notes) to, but excluding the next scheduled interest payment date, pursuant to the extent necessary to pay Additional Amounts as set forth hereinActual/Actual (ICMA) payment convention.

Appears in 1 contract

Samples: Delphi Automotive PLC

Interest. Central European Media Enterprises Ltd.RBS Citizens Financial Group, Inc., a company organized under the laws of Bermuda Delaware corporation (the “IssuerCompany”), promises to pay interest on the principal amount of this Subordinated Note (as defined hereini) from June 28, 2013 to, but excluding, June 29, 2018 or any earlier applicable Redemption Date, at a rate per annum of 5.158%, computed on the basis of a 360-day year comprised of twelve 30-day months, and (ii) during each Floating Rate Interest Period, from, and including, June 29, 2018 to, but excluding, the Stated Maturity or any earlier applicable Redemption Date at a rate equal to Three-Month LIBOR for that Floating Rate Interest Period plus 3.5575%, computed on the basis of 15.0% per annuma 360-day year and the actual number of days elapsed. Interest The Company will pay interest on this Subordinated Note will be payable (i) semi-annually in arrears on June 1 29 and December 129 of each year, or beginning on December 29, 2013 and ending on June 29, 2018, or, if any such day is not a Business Day, on the next succeeding Business Day (each, a “Fixed Rate Interest Payment Date”) to the Holder of record of this Subordinated Note on the immediately preceding June 14 or December 14 (each, a “Fixed Rate Record Date”), in each case with respect to the next occurring Fixed Rate Interest Payment Date and (ii) quarterly in arrears on March 29, June 29, September 29 and December 29 of each year, beginning on September 29, 2018, or, if any such day is not a Business Day, on the next succeeding Business Day (each, a “Floating Rate Interest Payment Date”; any Fixed Rate Interest Payment Date or Floating Rate Interest Payment Date is herein referred to as an “interest payment dateInterest Payment Date”) to the Holder of record of this Subordinated Note on the immediately preceding March 14, June 14, September 14 and December 14 (each, a “Floating Rate Record Date”; any Fixed Rate Record Date or Floating Rate Record Date is herein referred to as a “Record Date”), in each case with respect to the next occurring Floating Rate Interest Payment Date. Interest on this Subordinated Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including June 28, 2013; provided that 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 first Interest Payment (and if the Issuer does not deliver such notice on or prior to the Cash Election Deadline, then a PIK Interest Payment Date shall be made on such interest payment date). Notwithstanding the foregoingDecember 29, 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth herein2013.

Appears in 1 contract

Samples: Second Supplemental Indenture (Citizens Financial Group Inc/Ri)

Interest. Central European Media Enterprises Ltd.Claire’s Stores, Inc., a company organized under the laws of Bermuda Florida corporation (the “Issuer”), promises to pay interest on the principal amount of this Note (as defined herein) at the a rate per annum of 15.010.50% per annumfrom June 1, 2016 until maturity. Interest The Issuer will pay interest on this Note will be payable semi-annually in arrears on June 1 and December 1 of each year commencing on December 1, 2016, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “Interest Payment Date”). The Issuer will make each interest payment dateto the Holder of record of this Note on the immediately preceding May 15 and November 15 (each, a “Record Date”). Interest on this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, paid from and including the Issue DateJune 1, 2016. The Issuer promises 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 the rate borne by this Note; it shall pay such interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate borne by this Note. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. For the Interest Period from and including June 1, 2016 to but excluding December 1, 2018, the Issuer shall pay interest on the Notes on any interest payment date this Note entirely [by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing the principal amount of the outstanding Notes this Note]1 [by issuing PIK Notes]2 (“PIK Interest”) on such interest payment date). With respect to interest on For the Notes for a semi-annual period due on an interest payment dateInterest Period from December 1, 2018 through maturity, the Issuer may elect, at its option, to shall pay interest due on the Notes on such interest payment date (i) this Note entirely in Cash cash. Any PIK Notes will be dated as of the applicable Interest Payment Date and will bear interest from and after such date. All PIK Notes shall have the same rights and benefits as the Notes. Interest on this Note will accrue at the rate of 15.010.50% per annum (“Cash Interest Payment”) or (ii) entirely in annum. PIK Interest at will be payable by [increasing 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 this Note by an amount equal to the amount of PIK Interest for the applicable Interest Period (rounded up to the nearest whole dollar)]3 [issuing PIK Notes 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, at the request of the Issuer, authenticate and deliver such PIK Notes for all interest payment dates occurring prior original issuance to November 15, 2015. PIK Interest the Holders on the Notes will be payable in relevant Record Date, as shown on the manner set forth in Section 2.17 of the IndentureNote Register]4. [Following an increase in the principal amount of the outstanding Global Notes this Note as a result of the payment of PIK Interest, the Global Notes this Note will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal payment.]5 [Any PIK Notes will be dated as of the applicable Interest Payment Date and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth herein.will bear interest

Appears in 1 contract

Samples: Exchange Agreement (Claires Stores Inc)

Interest. Central European Media Enterprises Ltd.Brookfield Property REIT Inc., a company organized under the laws of Bermuda Delaware corporation (the IssuerBPR”), promises BPR Cumulus LLC, a Delaware limited liability company and indirect subsidiary of BPR, BPR Nimbus LLC, a Delaware limited liability company and indirect subsidiary of BPR, and GGSI Sellco, LLC, a Delaware limited liability company and indirect subsidiary of BPR (each, an “Issuer” and together, the “Issuers”), promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.05.750% per annumannum from ________________, 20__, until maturity. Interest on this Note The Issuers will be payable pay interest semi-annually in arrears on June 1 May 15 and December 1November 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note the Notes 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 dateissuance; provided that, the Issuer may elect, at its option, to pay interest due on the Notes on such interest payment date (i) entirely if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be ________________, 20__. The Issuer shall Issuers will pay (a) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, at a rate that is equal to the then-applicable interest rate on the Notes to the extent lawful and (b) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and on (without regard to any Additional Amounts as specified in applicable grace periods) at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Brookfield Property REIT Inc.)

Interest. Central European Media Enterprises Ltd.Nexstar Finance, Inc., a Delaware corporation, and Nexstar Finance, L.L.C., a Delaware limited liability company organized under (together, the laws of Bermuda (the “Issuer”"Company"), promises promise, jointly and severally, to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.012% per annumannum from March 16, 2001 until maturity and to pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Liquidated Damages semi-annually in arrears on June April 1 and December 1October 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 Payment Date"). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be October 1, 2001. The Issuer Company 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; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Samples: Nexstar Broadcasting of the Wichita Falls LLC

Interest. Central European Media Enterprises Ltd.Neiman Marcus Group LTD LLC, a Delaware limited liability company organized under the laws of Bermuda (the “Issuer”), promises and The Neiman Marcus Group LLC, a Delaware limited liability company (the “LLC Co-Issuer”), Mariposa Borrower, Inc., a Delaware corporation (the “Corporate Co-Issuer”), and The NMG Subsidiary LLC, a Delaware limited liability company (the “New Co-Issuer Subsidiary” and, together with the Corporate Co-Issuer and the LLC Co-Issuer and their successors and assigns under the Indenture hereinafter referred to, the “Co-Issuers” and, together with the Issuer, the “Issuers”) promise to pay interest on the principal amount of this Note (as defined herein) at the rate per annum shown above. The Issuers will pay interest semiannually on April 15 and October 15 of 15.0% per annum. each year, with the first interest payment to be made on October 15, 2019.(3) Interest on this Note will be payable semi-annually in arrears on June 1 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on this Note 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 and including the Issue Date. The Issuer promises to pay such interest on the Notes on any interest payment date entirely by (iJune 7, 2019.(4) 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 accrue at the rate of 8.750% per annum, 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 such paymentcash. The Issuer shall Issuers will pay interest on overdue principal or premium, if any (plus interest on such interest to the extent lawful), at the rate borne by the Notes to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Issuers will pay interest on overdue principal at 2.0% per annum in excess of the above rate and will pay interest on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased at such higher rate to the extent necessary to pay Additional Amounts as set forth hereinlawful.

Appears in 1 contract

Samples: Guarantors (Neiman Marcus Group LTD LLC)

Interest. Central European Media Enterprises Ltd.Petco Holdings, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.08.500% per annumannum with respect to Cash Interest and 9.250% with respect to PIK Interest from October 10, 20122 until maturity. Interest on this Note The Issuer will be payable pay interest semi-annually in arrears on June 1 April 15 and December 1October 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note the Notes 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 Datedate of issuance; provided that the first Interest Payment Date shall be April 15, 2013. 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 will pay interest due on the Notes on such (including post-petition interest payment date (iin any proceeding under any Bankruptcy Law) 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 such payment. The Issuer shall pay interest on overdue principal and premium, if any, from time to time on demand at the interest rate on the Notes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the interest rate on the Notes. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. Except as provided in this paragraph 1 and the definition of “Applicable Amount” in this paragraph 1, interest on any Additional Amounts as specified in the Indenture. Any interest paid on this Note Notes shall be increased to payable entirely in Cash Interest. Interest payable on the extent necessary to pay Additional Amounts Notes on each of the first Interest Period and the final Interest Period ending at stated maturity shall be paid entirely in Cash Interest. For any Interest Period after the initial Interest Period (other than the final Interest Period ending at stated maturity), if the Applicable Amount as set forth herein.determined on the Determination Date for such Interest Period shall:

Appears in 1 contract

Samples: Indenture (Petco Holdings Inc)

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Interest. Central European Media Enterprises Ltd.Neiman Marcus Group LTD LLC, a Delaware limited liability company organized under the laws of Bermuda (the “Issuer”), promises and The Neiman Marcus Group LLC, a Delaware limited liability company (the “LLC Co-Issuer”), Mariposa Borrower, Inc., a Delaware corporation (the “Corporate Co-Issuer”), and The NMG Subsidiary LLC, a Delaware limited liability company (the “New Co-Issuer Subsidiary” and, together with the Corporate Co-Issuer and the LLC Co-Issuer and their successors and assigns under the Indenture hereinafter referred to, the “Co-Issuers” and, together with the Issuer, the “Issuers”) promise to pay interest on the principal amount of this Note (as defined herein) at the rate per annum shown above. The Issuers will pay interest semiannually on April 15 and October 15 of 15.0% per annum. each year, with the first interest payment to be made on October 15, 2019.(5) Interest on this Note will be payable semi-annually in arrears on June 1 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on this Note 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 and including the Issue Date. The Issuer promises to pay such interest June 7, 2019.(6) Interest on the Notes on any interest payment date entirely by will accrue at (i1) paying an annual rate of 8.00 % payable in cash (“Cash Interest”), plus (2) on such interest payment date or an annual rate of 6.00 % (iithe “PIK Interest”) payable by increasing the principal amount of the outstanding Notes (“PIK Interest”) on such interest payment date. With represented by one or more book entry Notes or Global Notes or, with respect to interest on the Notes for represented by individual certificates, if any, by issuing additional notes (each, 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 PaymentNote”). In order to elect to pay Cash Interest on any interest payment date, the Issuer must deliver a written notice of its election in certificated form, in each case by rounding down 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 such paymentnearest $1.00. The Issuer shall Issuers will pay interest on overdue principal or premium, if any (plus interest on such interest to the extent lawful), at the rate borne by the Notes to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Issuers will pay interest on overdue principal at 2.0% per annum in excess of the above rate and will pay interest on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased at such higher rate to the extent necessary to pay Additional Amounts as set forth hereinlawful.

Appears in 1 contract

Samples: Neiman Marcus Group LTD LLC

Interest. Central European Media Enterprises Ltd.Each of Digicel MidCo Limited, a an exempted company organized with limited liability incorporated under the laws of Bermuda (the “IssuerCompany”) and DIFL US II LLC, a Delaware limited liability company (“DIFL US” and together with the Company, the “Issuers”), for value received promises to pay interest on the principal amount of this Note (as defined herein) Note. From the Issue Date until the second anniversary of the Issue Date, the Notes will accrue interest at the a rate of 15.010.50% per annum. Interest on this Note will be , payable semi-annually in arrears on June 1 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on 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 or by issuing Notes (such notes, “PIK Notes”) (rounded up to the nearest $1.00) (“PIK Interest”) on such interest payment date), having the same terms and conditions as the Notes (in each case, a “PIK Payment”). With respect From and after the second anniversary of the Issue Date, the Issuers will have the option to pay interest on the Notes for as PIK Interest or in cash and interest will be payable at a semi-annual period due on an interest payment date, rate of 11.0% per annum if paid as PIK Interest and at a rate of 10.50% per annum if paid in cash; provided that the Issuer Issuers may elect, at its option, elect to pay the interest due on the Notes on such interest payment date in cash only if (i) entirely in the aggregate amount of unrestricted cash and Cash Interest Equivalents at DIFL and the rate of 15.0% per annum (“Cash Interest Payment”) or New DIFL Guarantors, calculated on a pro forma basis for such cash interest payment, would be at least $100.0 million, (ii) entirely the interest on the loans outstanding under each of the Senior Credit Facility and the New DIFL Secured Notes has been paid in PIK Interest at cash on the rate of 15.0% per annum (“PIK Interest Payment”). In order to elect to pay Cash Interest on any most recent interest payment datedates, and (iii) either (a) the Issuer must deliver Consolidated Secured Leverage Ratio of DIFL and its consolidated subsidiaries, calculated on a written notice pro forma basis for such cash interest payment, would not exceed 3.00 to 1.00 or (b) DIFL maintains a public corporate credit facility rating and a public corporate family rating 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 B2/B Stable 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 higher by at least two of the Notes for all interest payment dates occurring prior to November 15, 2015Ratings Agencies. PIK Interest will be computed on the Notes will be payable in the manner set forth in Section 2.17 basis of the Indenture. Following an increase in the principal amount a 360-day year 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 such paymenttwelve 30-day months. The Issuer shall Issuers will pay interest on overdue principal at the interest rate borne by the Notes compounded semiannually, and they shall pay interest on other overdue installments of interest and on any Additional Amounts as specified in amounts at the Indenturesame rate compounded semiannually to the extent lawful. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinin this Note. The calculation of PIK Interest will be made by the Issuers or on behalf of the Issuers by such Person as the Issuers shall designate, and such calculation and the correctness thereof shall not be a duty or obligation of the Trustee. The Issuer will pay cash interest on overdue installments of principal and interest at 1% per annum in excess of the above cash interest rate.

Appears in 1 contract

Samples: Indenture (Difl Us Ii LLC)

Interest. Central European Media Enterprises Ltd.Radio One, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”), ) promises to pay interest on the principal amount of this Note on each Interest Payment Date (as defined hereinbelow) at until the rate of 15.0% per annumprincipal hereof shall have become due and payable. Interest The Issuer shall pay interest on this Note will be payable semi-annually from November 24, 2010 until maturity, or until this Note is no longer outstanding. The Issuer shall pay interest quarterly in arrears on June 1 February 15, May 15, August 15 and December 1November 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”); provided, however that the first Interest Payment Date shall be February 15, 2011. Interest on the Notes will accrue from the date of original issuance or, if interest has already been paid, from the date it was most recently paid. Interest on this Note will be payable in cash or at the Issuer’s election (a “PIK Election”), partially in cash and partially in additional Notes issued in respect of interest payments (“PIK Notes”). Interest will accrue from at a rate of 12.5% per annum if 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 for such interest on period is paid fully in cash. In the Notes on any event that the Issuer makes a PIK Election in accordance with the Indenture, cash interest payment date entirely by (i) paying cash (“Cash Interest”) on will accrue and be paid for such interest payment date or (ii) increasing period at a rate of 6.0% per annum and interest paid-in-kind through the principal amount issuance of the outstanding PIK Notes (the “PIK Interest”) on will accrue for such interest payment date. With period at 9.0% per annum; provided that the Issuer may make a PIK Election only with respect to interest accruing up to but not including May 15, 2012, and with respect to interest accruing from and after May 15, 2012 such interest shall accrue at a rate per annum of 12.5% and shall be payable in cash. The Issuer must elect the form of interest payment with respect to each interest period by delivering a written notice to the Trustee and the Holders prior to the beginning of such interest period. In the absence of such an election for any interest period, interest on the Notes shall be payable according to the election for the previous interest period; provided that interest accruing from and after May 15, 2012 shall accrue at a semi-annual rate of 12.5% per annum and shall be payable in cash. Special Interest may accrue on this Note as liquidated damages in certain circumstances pursuant to Section 2 of the Registration Rights Agreement and will be payable only in cash. During any period due in which a payment default or an Event of Default under Section 6.01(i) of the Indenture has occurred and is continuing, interest on an all principal and overdue interest payment date, will accrue at a rate that is 2.0% higher than the Issuer may elect, at its option, to pay cash interest due rate on this Note in each interest period for which no PIK Election has been made and a rate that is 2.0% higher than the total cash interest rate and PIK Interest rate on the Notes on in each interest period for which a PIK Election has been made (such interest payment date (i) entirely in Cash Interest at increased interest, the rate of 15.0% per annum (Cash Interest PaymentDefault Interest”) 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 cash. All references to “interest” include any additional interest that may be payable on this Note, including, but not limited to, any Default Interest and Special Interest payable pursuant to the manner set forth in Section 2.17 of the IndentureRegistration Rights Agreement. 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid Interest on this Note shall will be increased to computed on the extent necessary to pay Additional Amounts as set forth hereinbasis of a 360-day year comprised of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Radio One, Inc.)

Interest. Central European Media Enterprises Ltd.AMSC Acquisition Company, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"COMPANY"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.012 1/4% per annumannum from March 31, 1998 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Debt Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Liquidated Damages semi-annually in arrears on June April 1 and December 1October 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 PAYMENT DATE"). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be October 1, 1998. The Issuer Company 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; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Samples: Amsc Acquisition Co Inc

Interest. Central European Media Enterprises Ltd.Inergy, L.P., a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises and Inergy Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.08.75% per annumannum from February 2, 2009 until maturity and shall pay the Additional Interest payable pursuant to Section 2(d) of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Additional Interest, if any, semi-annually in arrears on June March 1 and December September 1 of each year, commencing September 1, 2009, 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 this Note the Notes 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 of original issuance; provided that if there is no existing Default or (ii) increasing the principal amount Event 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 Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from and after the date of such paymentauthentication. The Issuer 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 the rate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Inergy L P)

Interest. Central European Media Enterprises Ltd.Broadcom Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”), promises to pay or cause to be paid interest on the principal amount of this Note (as defined herein) at the rate of 15.03.500% per annumannum from ________________, ___ until maturity and shall pay the Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. Interest on this Note The Issuer will be payable pay interest and Additional Interest, if any, semi-annually in arrears on June 1 February 15 and December 1August 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note 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 to, but excluding, such Interest Payment Date or the Maturity Date, as applicable; provided that, if this Note is authenticated between a record date referred to on the face hereof and including the Issue 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 Issuer promises to will pay such interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the then applicable interest rate on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing to 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 extent lawful; it will pay interest due on the Notes on such (including post-petition interest payment date (iin any proceeding under any Bankruptcy Law) 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on Additional Interest, if any Additional Amounts as specified in (without regard to any applicable grace period), at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. All dollar amounts resulting from this calculation will be rounded to pay Additional Amounts as set forth hereinthe nearest cent.

Appears in 1 contract

Samples: Indenture (Broadcom Inc.)

Interest. Central European Media Enterprises Ltd.Thermadyne Holdings Corporation, a company organized under the laws of Bermuda Delaware corporation (the “IssuerCompany”), promises to pay or cause to be paid interest on the principal amount of this Note (as defined herein) at the rate of 15.09% per annumannum from December 3, 2010 until maturity and shall pay the Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Additional Interest, if any, semi-annually in arrears on June 1 15 and December 115 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, A2-3 an “interest payment dateInterest Payment Date”). Interest on this Note 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 this Note is authenticated between a record date referred to on the face hereof and including the Issue 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, 2011. The Issuer promises Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at a rate that is equal to pay such the then applicable interest rate on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing to 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 extent lawful; it will pay interest due on the Notes on such (including post-petition interest payment date (iin any proceeding under any Bankruptcy Law) 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on Additional Interest, if any Additional Amounts as specified in (without regard to any applicable grace period), at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Thermadyne Australia Pty Ltd.)

Interest. Central European Media Enterprises Ltd.TransDigm Inc., a company organized Delaware corporation (such corporation, and its successors and assigns under the laws of Bermuda (Indenture, being herein called the “IssuerCompany”), promises to pay interest on the principal amount of this Note at 7 3/4% per annum from October 6, 2009 until maturity; provided that, if a Registration Default (as defined hereinin the Registration Rights Agreement) at 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 each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum additional interest rate of 15.01.00% per annum). The Company shall pay interest and Additional Interest on this Note will be payable semi-annually in arrears on June 1 January 15 and December 1July 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 this Note the Notes 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 dateissuance; provided that, the Issuer may elect, at its option, to pay interest due on the Notes on such interest payment date (i) entirely if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be January 15, 2010. The Issuer Company 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 equal to the interest rate on the Note then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: TransDigm Group INC

Interest. Central European Media Enterprises Ltd.Aviation Sales Company, a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.08.00% per annum, payable in cash or Additional Notes from the date hereof until maturity. Interest on this Note The Company will be payable pay interest semi-annually in arrears on June 1 [__________] and December 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 Payment Date"). Interest on this Note 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; provided that if this Note is authenticated between a record date referred to in Paragraph 2 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 next succeeding Interest Payment (and if the Issuer does not deliver Date, interest shall accrue from such notice on or prior to the Cash Election Deadline, then a PIK next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be made on such interest payment date)[_________], 2002. Notwithstanding the foregoing, with respect to any installment of interest on this Note, if the Issuer Company does not pay any portion of such installment of interest in cash, the Company shall automatically have been deemed to have paid the balance of such installment in kind, and Additional Notes shall automatically be deemed to have elected been issued to make a PIK each such Holder of record in an aggregate principal amount equal to the amount of interest due to such Holder on the applicable Interest Payment with respect Date and not paid in cash. The Company shall thereafter promptly cause to the entire principal amount of the be executed and authenticated such Additional Notes for all interest payment dates occurring prior to November 15, 2015. PIK Interest on the Notes will be payable in the manner and as set forth in Section 2.17 2.02 of the IndentureIndenture and deliver such Additional Notes to the Persons entitled thereto (or to the Trustee or the authenticating agent in custody for such Persons). Following To the extent any Redemption Consideration is not paid subsequent to demand therefore subsequent to the existence and continuance of an increase in the principal amount Event of the outstanding Global Notes as a result of the payment of PIK InterestDefault hereunder, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and the past due Redemption Consideration from time to time on overdue installments demand at a rate that is 1% per annum in excess of the interest and on any Additional Amounts as specified rate stated in the Indenture. Any interest paid on first sentence of this Note shall be increased paragraph, to the extent necessary to pay lawful. Additional Amounts as set forth hereinNotes issued in accordance with the terms hereof shall not constitute unpaid amounts hereunder. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Timco Engine Center Inc

Interest. Central European Media Enterprises Ltd.FUSHI INTERNATIONAL, INC., a company organized under the laws of Bermuda Nevada corporation (the “IssuerCompany”), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.0% per annum, reset semi-annually, equal to LIBOR (as determined by the Calculation Agent from the Issue Date) plus the Margin until maturity. Interest on this Note For the avoidance of doubt, LIBOR will be payable used for all interest periods without interpolation, including the first interest period beginning on the Issue Date and ending on July 24, 2007. The “Margin” shall initially be 7.00% and shall become 5.60% from and after the date of completion of a Qualifying IPO that occurs on or before July 24, 2008. Promptly upon determination, the Calculation Agent will inform the Trustee and the Company of the interest rate for the next interest period. The Company shall pay interest semi-annually in arrears on June 1 January 24 and December 1July 24 of each year, or if any such day is not a Business Day, on the next succeeding Business Day with the same force and effect and such extension of time shall in such case be included in the computation of Interest accruing on such Note; provided, however, that if such extension would cause payment of Interest to be made in the next following calendar month, such payment shall be made on the next preceding Business Day (each, each an “interest payment dateInterest Payment Date”). Interest on this Note will shall accrue from and including 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 issuance, to but excluding the following Interest Payment Date; provided, however, that if there is no existing Default in the payment of interest, and including if this Note is authenticated between a record date referred to on the Issue 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 July 24, 2007. The Issuer promises Company 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 a rate that is 5% per annum in excess of the interest rate then in effect under the Indenture and this Note; it shall pay such interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods), from time to time at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year for the actual number of days elapsed. The amount of interest for each day that the Notes on any interest payment date entirely by are outstanding (i) paying cash (the Cash InterestDaily Interest Amount”) on will be calculated by dividing the interest rate in effect for such interest payment date or (ii) increasing day by 360 and multiplying the result by the principal amount of the outstanding Notes (“PIK Interest”) on such Notes. The amount of interest payment date. With respect to interest be paid on the Notes for a semi-annual period due on an interest payment dateeach Interest Period will be calculated by adding the Daily Interest Amounts for each day in the Interest Period. All percentages resulting from any of the above calculations will be rounded, the Issuer may elect, at its optionif necessary, to pay interest due on the Notes on nearest one hundred-thousandth of a percentage point, with five one-millionths of a percentage point being rounded upwards and all dollar amounts used in or resulting from such interest payment date calculations will be rounded to the nearest cent (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”with one-half cent being rounded upwards). In order to elect to pay Cash Interest on any The 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 rate on the Notes will in no event be payable in higher than the manner set forth in Section 2.17 maximum rate permitted by New York law as such rate may be modified by United States law 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereingeneral application.

Appears in 1 contract

Samples: Fushi International Inc

Interest. Central European Media Enterprises Ltd.Targa Resources Partners LP, a company organized under the laws of Bermuda Delaware limited partnership (the IssuerTarga Resources Partners”), promises and Targa Resources Partners Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with Targa Resources Partners, the “Issuers”), promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.05 1/4% per annumannum from October 25, 2012 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June May 1 and December 1November 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be May 1, 2013. The Issuer shall 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 the rate then in effect to the extent lawful; 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 any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP)

Interest. Central European Media Enterprises Ltd.WCI Communities, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.04.0% per annumannum from August 5, 2003 until maturity and shall pay the Additional Amounts payable pursuant to Section 3 of the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and, if applicable, Contingent Interest, if any, and Additional Amounts semi-annually in arrears on June 1 August 5 and December 1February 5 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 Payment Date"). Interest on this Note 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 including if this Note is authenticated between a record date referred to on the Issue 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 5, 2004. The Issuer promises Company 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; it shall pay such interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and, if applicable, Contingent Interest, if any, and Additional Amounts (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 Company shall pay additional interest ("Contingent Interest") to the Holders during any six-month period (a "Contingent Interest Period") from August 5 to, but excluding, February 5 and from February 5 to, but excluding, August 5, with the initial six-month period commencing August 5, 2006, if the average of the Trading Price for the five Trading Days ending on the third Trading Day immediately preceding the first day of the applicable Contingent Interest Period (the "Contingent Interest Average Trading Price") equals $1,200 or more. The amount of Contingent Interest payable per $1,000 principal amount of Notes in respect of any Contingent Interest Period shall equal 0.50% per annum on the Contingent Interest Average Trading Price. The Company will pay Contingent Interest, if any, in the same manner as it will pay interest as described above. Upon determination that Contingent Interest on the Notes on will accrue during 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 daterelevant six month period, 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 start of such interest payment date). Notwithstanding the foregoingsix month period, the Issuer Company shall be deemed to have elected to make issue 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 press release announcing the payment of PIK Interest, such Contingent Interest and shall notify the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified Trustee in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinwriting.

Appears in 1 contract

Samples: Covenants (Watermark Realty Inc)

Interest. Central European Media Enterprises Ltd.ArcelorMittal, a company société anonyme organized under the laws of Bermuda (the “Issuer”), promises to Luxembourg law will pay interest on the principal amount of this Note the US $500,000,000 Securities at 3.750% per annum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Company will pay interest and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (as defined herein) at amended by Article IV of the rate of 15.0% per annum. Interest on this Note will be payable Sixth Supplemental Indenture referred to below), semi-annually in arrears on June 1 February 25 and December 1August 25 of each year (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 in 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, 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 Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (eacheach such period, an “interest payment dateInterest Period”). Interest on 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 Securities will be payable calculated in the manner set forth in accordance with Section 2.17 3.10 of the Indenture. Following an increase Interest will cease to accrue on the Securities on the due date for their redemption, unless, upon such due date, payment of principal is improperly withheld or refused or if default is otherwise made in respect of payment of principal, in which case interest will continue to accrue on the principal amount Securities at the rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in respect of the outstanding Global Notes as a result of the payment of PIK Interestsuch Securities up to that seventh day, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased except to the extent necessary that there is failure in the subsequent payment to pay Additional Amounts as set forth hereinthe relevant Holders following such notification.

Appears in 1 contract

Samples: ArcelorMittal

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), The Issuer promises to pay interest in cash on the principal amount of this Note (as defined herein) at the rate of 15.05.650% per annum until maturity and shall pay the Additional Interest, if any, payable pursuant to Section 6 of the Registration Rights Agreement referred to below. Interest on the notes will accrue at the rate of 5.650% per annum. Interest on this Note the notes will be payable semi-annually semiannually in arrears on June April 15 and October 15 of each year, commencing on October 15, 2024, to the holders of record of those notes at the close of business on the immediately preceding April 1 and December or October 1, or if any such day is not a Business Day, as applicable. Additional interest may accrue on the next succeeding Business Day (eachnotes in certain circumstances pursuant to the Registration Rights Agreement, an “and references to interest payment date”)payable on the notes in this Note shall include such additional interest. Interest on this Note the notes 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 Dateissue date of the notes. The Issuer promises to pay such Interest on the notes will be computed on the basis of a 360-day year comprised of twelve 30-day months. Principal of, premium, if any, and interest on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date notes will be payable at the office or (ii) increasing the principal amount agency of the outstanding Notes (“PIK Interest”) on Issuer maintained for 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 electpurpose or, at its optionthe option of the Issuer, to pay payment of 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 may be made by check mailed to the Trustee no later than 10 days prior to such Holders of the notes at their respective addresses set forth in the register of Holders; provided that all payments of principal, premium, if any, and 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 notes represented by one or more global notes registered in the name of or held by DTC or its nominee will be made by wire transfer of immediately available funds to the accounts specified by the Holder or Holders thereof. Until otherwise designated by the Issuer, the Issuer’s office or agency will be the office of the Notes Trustee maintained for all interest such purpose. If the due date for any 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 respect of the Indenture. Following an increase in notes is not a Business Day at the principal amount place at which such payment is due to be paid, the holder thereof will not be entitled to payment of the outstanding Global Notes amount due until the next succeeding Business Day at such place, and will not be entitled to any interest or other payment as a result of the payment of PIK Interest, the Global Notes will bear interest on any such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereindelay.

Appears in 1 contract

Samples: First Supplemental Indenture (Cheniere Energy, Inc.)

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda Sears Holdings Corporation (the “Issuer”), a Delaware corporation, promises to pay pay, until the principal hereof is paid or made available for payment, interest on the principal amount of this Note set forth on the face hereof, as increased by any PIK Interest (as defined herein) below), at the a rate of 15.06 5⁄8% per annum. Interest on this Note will be payable semi-annually in arrears on June 1 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on this Note hereon will accrue from and including 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 October 15, 20152017 to but excluding the date on which interest is paid. PIK Interest on the Notes will shall be payable in arrears on each April 15 and October 15, commencing on April 15, 2018. Interest will be computed on the manner set forth in Section 2.17 basis of the Indenture. Following an increase in the principal amount a 360-day year 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 such paymenttwelve 30-day months. The Issuer shall pay interest on overdue principal and on overdue installments interest (to the full extent permitted by law) at a rate equal to the interest rate on the Notes. Interest will be payable, at the election of interest and on any Additional Amounts as specified the Issuer, in the Indenture. Any interest paid on this Note shall be increased whole or, to the extent necessary consistent with the procedures of the Depository, 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 Definitive Notes, if any (“PIK Interest”). Interest payable on the Interest Payment Date of April 15, 2018 will be paid entirely in PIK Interest. In the event that the Issuer determines to pay Additional Amounts 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 to be paid on the Interest Payment Date and the amount of such interest to be paid as set forth hereinPIK Interest. The Trustee, 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 April 15, 2018), then interest shall be payable on such date in the same form as paid with respect to the immediately 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

Samples: Sears Holdings Corp

Interest. Central European Media Enterprises Ltd.Genesis Energy, L.P., a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises and Genesis Energy Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.07.875% per annumannum from May 9, 2024 until maturity. Interest on this Note The Issuers will be payable pay interest, if any, semi-annually in arrears on June 1 May 15 and December 1November 15 of each year (each an “Interest Payment Date”), or if any such commencing November 15, 2024. 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 (eachwith the same force and effect as if made on such Interest Payment Date, an “and no additional interest payment date”)will accrue solely as a result of such delayed payment. Interest on this Note 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 including if this Note is authenticated between a record date referred to on the Issue face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuer promises to Issuers shall pay such interest on the Notes on any interest payment date entirely by (i) paying cash interest (“Cash Interest”including post-petition interest in any proceeding under any Bankruptcy Law) 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 such payment. The Issuer shall pay interest on overdue principal and premium, if any, from time to time on demand at a rate that is the then applicable interest rate on the Notes and (ii) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Supplemental Indenture (Genesis Energy Lp)

Interest. Central European Media Enterprises Ltd.Calumet Specialty Products Partners, L.P., a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises and Calumet Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the unpaid principal amount of this Note (as defined herein) at the rate of 15.07.625% per annumannum [and shall pay the Additional Interest payable pursuant to Section 2 of the Registration Rights Agreement referred to below]. Interest on this Note The Issuers will be payable pay interest and Additional Interest, if any, semi-annually in arrears on June 1 January 15 and December 1July 15 of each year, commencing July 15, 2014, 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 this Note the Notes 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 of original issuance; provided that if there is no existing Default or (ii) increasing the principal amount Event 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 Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from and after the date of such paymentauthentication. The Issuer 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 the rate then in effect; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Supplemental Indenture (Calumet Specialty Products Partners, L.P.)

Interest. Central European Media Enterprises Ltd.Broadcom Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”), promises to pay or cause to be paid interest on the principal amount of this Note (as defined herein) at the rate of 15.03.625% per annumannum from ________________, ___ until maturity and shall pay the Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. Interest on this Note The Issuer will be payable pay interest and Additional Interest, if any, semi-annually in arrears on June 1 April 15 and December 1October 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note 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 to, but excluding, such Interest Payment Date or the Maturity Date, as applicable; provided that, if this Note is authenticated between a record date referred to on the face hereof and including the Issue 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 Issuer promises to will pay such interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the then applicable interest rate on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing to 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 extent lawful; it will pay interest due on the Notes on such (including post-petition interest payment date (iin any proceeding under any Bankruptcy Law) 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on Additional Interest, if any Additional Amounts as specified in (without regard to any applicable grace period), at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. All dollar amounts resulting from this calculation will be rounded to pay Additional Amounts as set forth hereinthe nearest cent.

Appears in 1 contract

Samples: Indenture (Broadcom Inc.)

Interest. Central European Media Enterprises Ltd.General Nutrition Centers, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.08-5/8% per annumannum 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. Interest on this Note The Company will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June 1 January 15 and December 1July 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 Payment Date"). Interest on this Note the Notes 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 original issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided further that the date of such paymentfirst Interest Payment Date shall be _____________, 20__. The Issuer shall 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 the rate that is 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 Damages, if any, (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 1 contract

Samples: General Nutrition Centers Inc

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), promises to The Company will pay interest on the any overdue principal amount of this Note (as defined herein) at the interest rate borne by the Securities at the time such interest on the overdue principal amount accrues, compounded quarterly. This Security will bear interest at an annual rate equal to 3-month LIBOR, reset quarterly, minus 0.40%, and will initially bear interest at a rate of 15.04.96%; provided that such rate shall never be less than 0% per annum. Interest on this Note will be payable semi-annually quarterly in arrears on March 20, June 1 20, September 20 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day 20 of each year (each, an “interest payment dateInterest Payment Date”). Interest on this Note will accrue from , subject to Section 2.05 of the most recent date to which interest has been paid orIndenture, if no interest has been paidcommencing March 20, from and including the Issue Date2007. The Issuer promises to Company will pay interest on any overdue principal amount at the interest rate borne by the Floating Rate Exchangeable Senior Notes due December 20, 2036 (the “Securities”) at the time 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 overdue 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 dateaccrues, the Issuer may electcompounded quarterly, 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 and 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and (without regard to any applicable grace period), at the same interest rate, compounded quarterly. Interest (including Liquidated Damages, if any) on any Additional Amounts as specified the Securities will be computed using the actual number of days elapsed between the LIBOR Rate Reset Dates divided by 360. The Holders of the Securities shall be entitled to the benefits of the Registration Rights Agreement, including the right to receive Liquidated Damages in the Indenture. Any event of Registration Defaults (as defined in the Registration Rights Agreement under Section 2(e) thereof), such Liquidated Damages to be payable at the same times and to the same Persons as regular interest paid on is payable with respect to the Securities, it being understood that any reference in this Note Security to “interest” shall be increased deemed to include “Liquidated Damages” if then owing in accordance with the extent necessary to pay Additional Amounts as set forth hereinterms of the Registration Rights Agreement.

Appears in 1 contract

Samples: PNC Financial Services Group Inc

Interest. Central European Media Enterprises Ltd.INTEREST. LPL Holdings, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.010.75% per annumannum from December 28, 2005 until maturity. Interest on this Note The Issuer will be payable pay interest, if any, semi-annually in arrears on June 1 15 and December 115 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note 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 including the Issue Date. The Issuer promises if this Note is authenticated between a record date referred to pay such interest on the Notes on any face hereof and the next succeeding Interest Payment Date, interest payment date entirely by (i) paying cash (“Cash Interest”) on shall accrue from such interest payment date or (ii) increasing next succeeding Interest Payment Date; provided further that the principal amount of the outstanding Notes (“PIK Interest”) on such interest payment datefirst Interest Payment Date shall be June 15, 2006. With respect to interest on the Notes for a semi-annual period due on an interest payment date, the Issuer may electIf, 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 time prior to the Cash Election Deadline, then first day on which the Initial Purchasers shall fail to own at least 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 majority in aggregate principal amount of the Notes for all 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 payment dates occurring prior to November 15on, 2015. PIK Interest on principal of, or premium, if any, on, the Notes or an Event of Default has occurred and is continuing, then in 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 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 accrue interest at the 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 that the payment of such interest shall be legally enforceable). Default Interest shall be payable in cash on demand. Interest will be computed on the manner set forth basis of a 360-day year of twelve 30-day months and actual days elapsed. 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 Section 2.17 of full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth herein.

Appears in 1 contract

Samples: Supplemental Indenture (LPL Investment Holdings Inc.)

Interest. Central European Media Enterprises Ltd.Quorum Health Corporation, a company organized under the laws of Bermuda (the “Issuer”)Delaware corporation, promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.011.625% per annumannum from April 22, 20163 until maturity. Interest on this Note will Additional Interest, if any, shall be payable on the Notes if and to the extent payable under the Registration Rights Agreement. The Issuer will pay interest semi-annually in arrears on June 1 every April 15 and December 1October 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note will the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including April 22, 20164; provided, that 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 first Interest Payment (and if the Issuer does not deliver such notice on or prior to the Cash Election Deadline, then a PIK Interest Payment Date 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 October 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 such payment. 2016.5 The Issuer shall pay interest on overdue principal at the rate borne by the Notes, and it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and on (without regard to any Additional Amounts as specified in applicable grace period) at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest on the Notes will be computed on the basis of a 360-day year comprised of twelve 30-day months. Each interest period will end on (but not include) the relevant Interest Payment Date. In addition to pay Additional Amounts the rights provided to Holders of the Notes under the Indenture, Holders of Initial Securities and Exchange Securities (as defined in the Registration Rights Agreement) shall have all rights set forth hereinin the Registration Rights Agreement, dated as of April 22, 2016, among the Issuer, the other party named on the signature pages thereto and the Guarantors that shall join such agreement by joinder on the Escrow Release Date (as amended, supplemented or otherwise modified from time to time, the “Registration Rights Agreement”), including the right to receive Additional Interest, if any, in certain circumstances. If applicable, Additional Interest, if any, shall be paid to the same Persons, in the same manner and at the same times as regular interest.

Appears in 1 contract

Samples: Quorum Health Corp

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), promises to pay interest on the The unpaid principal amount balance of this Note shall at all times bear interest at a rate equal to the Contract Rate, provided, that so long as any principal of or accrued interest on this Note is overdue, all unpaid principal of this Note and all overdue interest on that principal (as defined hereinbut not interest on overdue interest) shall bear interest at a fluctuating rate equal to two percent (2%) per annum above the Prime Rate; provided further, that in no event shall any principal of or interest on this Note bear interest at any time after Maturity at a lesser rate than the rate applicable thereto immediately after Maturity. The "Contract Rate" shall at all times be a fluctuating rate equal to fluctuating rate per annum (based upon a 365-day year and actual days elapsed) equal to one-quarter of 15.0% one percent (0.25%) below the Prime Rate. At Borrower's option, all or any portion of the Loan (in a minimum amount of $500,000 and $100,000 increments thereafter), may bear interest at a fixed rate per annumannum (based upon a 365-day year and actual days elapsed) equal to one and one- half of one percent (1.5%) above LIBOR, for one (1), two (2), three (3), six (6) or twelve (12) month interest periods. Interest on this Note will shall be payable semi-annually in arrears on June 1 and December October 1, or if any such day is not a Business Day1997, and on the next succeeding Business Day first (each1st) day of every third (3rd) month thereafter, an “interest payment date”). Interest on this Note will accrue until five (5) years from the most recent date to which of this Note, and on demand thereafter, except that interest has been paid oron each LIBOR Unit shall be payable in arrears on the last day of the Contract Period for that Unit, if no interest has been paidat Maturity, from and including on demand thereafter, and in the Issue Datecase of any Contract Period having a term longer than ninety (90) days, shall also be payable every three (3) months after the first day of the Contract Period. The Issuer promises to pay such interest on principal comprising each LIBOR Unit shall, at 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 end of the outstanding Notes (“PIK Interest”) on such interest payment date. With respect to interest on Contract Period for that Unit, become part of 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 Prime Rate Unit unless and to the Trustee no later than 10 days prior extent that Borrower shall have elected otherwise as hereinbefore provided. Bank shall be entitled to such interest payment date (the “Cash Election Deadline”) specifying fund and maintain its funding of all or any part of any LIBOR Unit in any manner Bank may from time to time deem advisable, Borrower hereby acknowledging that it is electing a Cash Interest Payment (and if the Issuer does not deliver such notice on or prior all determinations relating to the Cash Election Deadline, then a PIK Interest Payment LIBOR Units shall be made on as if Bank had actually funded and maintained each such Unit by the purchase of deposits in an amount similar to the amount of that Unit, with a maturity similar to the Contract Period for that Unit, and bearing interest payment date). Notwithstanding the foregoing, the Issuer shall be deemed to have elected to make a PIK Interest Payment at LIBOR 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinthat Unit.

Appears in 1 contract

Samples: Indiana United Bancorp

Interest. Central European Media Enterprises Ltd.Hersha Hospitality Limited Partnership, a company organized under the laws of Bermuda Virginia limited partnership (the “Issuer”), promises to pay (with respect to each Interest Period other than any Interest Period with respect to which the Issuer is permitted to exercise the PIK Option and does so exercise the PIK Option) interest on the principal amount of this Note in cash at a rate per annum equal to 9.50%. For any Interest Period (as defined below) ending on or prior to March 31, 2022, the Issuer, in its sole discretion, may elect to deliver a “PIK Notice” with respect to such Interest Period to the Trustee (and, prior to the Disposition Date, the GS Purchasers) on or prior to the date that is five Business Days prior to the beginning of such Interest Period (the “PIK Option”); provided that, with respect to the Interest Period commencing on and including the Closing Date to but excluding June 30, 2021, a “PIK Notice” indicating that the PIK Option is being exercised for such Interest Period shall be deemed to have been delivered to the Trustee and the GS Purchasers in accordance with the procedures described in Section 2.01(g) of the Indenture and this Note. The Issuer shall be deemed to have exercised the PIK Option with respect to any Interest Period if it delivers a “PIK Notice” for such Interest Period in accordance with the immediately preceding sentence and will be deemed to not have exercised the PIK Option for any Interest Period if it does not deliver a “PIK Notice” with respect to such Interest Period in accordance with the immediately preceding sentence. If the Issuer is permitted to exercise the PIK Option and does so exercise the PIK Option with respect to any Interest Period, the Issuer promises to pay with respect to such Interest Period interest on the principal amount of this Note (as defined hereinx) in cash at the a rate of 15.0per annum equal to 4.75% per annum, and (y) in kind at a rate per annum equal to 4.75% per annum (the interest payable pursuant to this clause (y), “PIK Interest”). The Issuer shall pay the applicable amount of any PIK Interest for any applicable Interest Period in respect of this Note on the Interest Payment Date in respect of such Interest Period by increasing the principal amount of this Note at the end of such Interest Period by the amount of such PIK Interest (rounded up to the nearest whole Dollar) and the Issuer shall otherwise follow the procedures relating to the payment of PIK Interest described in the Indenture (including in Section 2.01(g) of the Indenture). Following any increase in the principal amount of this Note as a result of a PIK Payment, this Note will be payable semi-annually bear interest on such increased principal amount from and after the date of such PIK Payment. Unless the context otherwise requires, for all purposes under the Indenture and this Note (including for purposes of calculating any redemption price or redemption amount), references to the “principal” and the “principal amount” of this Note includes any increase in the principal amount hereof due to the addition of PIK Interest hereto as a result of any PIK Payment. The Issuer will pay interest, if any, quarterly in arrears on June 1 30, September 30, December 31 and December 1March 31 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). The first Interest Payment Date with respect to Notes issued on the Closing Date shall be June 30, 2021. The Issuer shall also pay accrued interest on the Notes, if any, in cash on the Final Maturity Date. Interest on this Note will the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including the Issue Datedate of issuance. 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 computed on the manner set forth in basis of a year of 360 days and the actual number of days elapsed. Any amount (including principal, interest or premium (including the Specified Premium)) required to be paid under the Note Documents that is not paid when due shall continue to accrue interest so long as such amount remains unpaid and the Issuer shall pay any additional interest required to be paid pursuant to Section 2.17 6.03 of the Indenture. Following an increase in Upon any Acceleration Event, the principal amount Specified Premium shall be immediately due and payable and all principal, interest, the Specified Premium and any other premiums or amounts, shall be paid pursuant to Section 5.07(a) of the outstanding Global Notes as a result Indenture (if such Acceleration Event occurs prior to the First Call Date) or pursuant to Section 5.07(b) of the payment of PIK Interest, the Global Notes will bear interest Indenture (if such Acceleration Event occurs on such increased principal amount from and or after the date First Call Date) as if the Notes were redeemed at the time of such payment. The Issuer shall pay interest on overdue principal and on overdue installments Acceleration Event pursuant to Section 5.07(a) or 5.07(b) of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this , as applicable, irrespective of whether the Note shall be increased Obligations are paid, prepaid, repaid, redeemed, or otherwise satisfied or discharged (in whole or in part) pursuant to the extent necessary to pay Additional Amounts as set forth hereina plan of reorganization or otherwise.

Appears in 1 contract

Samples: Indenture (Hersha Hospitality Trust)

Interest. Central European Media Enterprises Ltd.Xxx Xxxxxxxx Corporation, a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.010 1/4% per annumannum from March 26, 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. Interest on this Note The Company will be payable pay interest and Liquidated Damages, if any, semi-annually in arrears on June 1 February 15 and December 1August 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 Payment Date"). Interest on this Note the Notes 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 issuance; PROVIDED that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; PROVIDED, FURTHER, that the date of such paymentfirst Interest Payment Date shall be August 15, 2002. The Issuer shall 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 interest rate then applicable 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 Damages, if any, (without regard to any applicable grace periods) on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 pay Additional Amounts 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 set forth hereinother Notes under the Indenture.

Appears in 1 contract

Samples: Registration Rights Agreement (Von Hoffmann Holdings Inc)

Interest. Central European Media Enterprises Ltd.Xxxxxxx Xxxxx Rental Holdings, L.P., a company organized under the laws of Bermuda Pennsylvania limited partnership (the “Issuer”"Holdings"), promises and Xxxxxxx Xxxxx Holdings Capital Corporation, a Delaware corporation ("AC Holdings Corp." and, together with Holdings, the "Issuers"), promise to pay interest on the principal amount of this Note (Debenture semi-annually on February 1 and August 1 of each year in the manner set forth in this Debenture. Interest on this Debenture accruing through and including the February 1, 2004 interest payment date will not be paid in cash but will accrete as defined herein) additional principal at the a rate of 15.016 3/8% per annum. Interest All interest accruing on this Note will Debenture after February 1, 2004 shall be payable semi-annually in arrears on June 1 cash and December 1, or if shall accrue at a rate of 12 3/8% per annum. If any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”"Interest Payment Date")), commencing on February 1, 2004, to Holders of record on the immediately preceding January 15 and July 15. Interest on this Note the Debentures 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 DateAugust 1, 2003. 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 such payment. The Issuer 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; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Until this Regulation S Temporary Global Debenture is exchanged for one or more Regulation S Permanent Global Debentures, the Holder hereof shall not be entitled to pay Additional Amounts receive payments of interest hereon; until so exchanged in full, this Regulation S Temporary Global Debenture shall in all other respects be entitled to the same benefits as set forth hereinother Senior Subordinated Debentures under the Indenture.

Appears in 1 contract

Samples: Indenture (Anthony Crane Rental Holdings Lp)

Interest. Central European Media Enterprises Ltd.CEDC FINANCE CORPORATION INTERNATIONAL, INC., a company organized incorporated under the laws of Bermuda Delaware (the “Issuer”), promises to pay interest on the principal amount of this Note (as defined herein) at the rate and in the manner specified below. Interest on the Notes will accrue at the rate of 15.0% 10 percent per annum. Interest on this Note annum and will be payable semi-annually semiannually in arrears on June 1 April 30 and December 1October 31, or if any such day is not a Business Daycommencing on [October 31, on the next succeeding Business Day (each, an “interest payment date”)2013]. Interest on this Note will accrue from be payable, at the most recent date election of the Issuer (made by delivering an Officer’s Certificate to which the Trustee and Paying Agent at least three (3) Business Days prior to the beginning of each interest has been paid orperiod), 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 (1) entirely by (i) paying in cash (“Cash Interest”) on such interest payment date ), or (ii2) by increasing the principal amount of the outstanding Notes or by issuing Notes (“PIK Interest”) on such or (3) with a 25%/75%, 50%/50% or 75%/25% combination of Cash Interest and PIK Interest. In the absence of an interest payment date. With respect to election made by the Issuer as set forth in the preceding sentence, 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 shall be payable 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)Interest. Notwithstanding the foregoing, the Issuer shall be deemed to have elected to pay the first interest payment in PIK Interest. The Issuer will make a PIK Interest Payment with respect each interest payment to the entire principal amount Holders of record on the immediately preceding April 15 and October 15. Interest on the Notes will accrue from (and including) the earlier of (x) [ ] and (y) June 1, 2013. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. If the due date for any payment in respect of any Note is not a Business Day at the place in which such payment is due to be paid, the Holder thereof will not be entitled to payment of the Notes for all amount due until the next succeeding Business Day at such place, and will not be entitled to any further interest or other payment dates occurring prior to November 15, 2015as a result of any such delay. Any PIK Interest on the Notes will be payable (x) with respect to notes represented by one or more global Notes registered in the manner set forth in Section 2.17 name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant Interest Payment Date, by increasing the principal amount of the Indentureoutstanding global Note by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar) as provided in writing by the Issuer to the Trustee and the Paying Agent and (y) with respect to Notes represented by certificated Notes, by issuing Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded down to the nearest whole dollar), and the Trustee or the Authenticating Agent will, at the written request of the Issuer, authenticate and deliver such PIK Notes 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 any outstanding Global global Notes as a result of the payment of a PIK InterestPayment, the Global Notes such global Note will bear interest on such increased principal amount from and after the date of such paymentPIK Payment. Any PIK Notes issued in certificated form will be dated as of the applicable interest payment date and will bear interest from and after such date. All Notes issued pursuant to a PIK Payment will mature on April 30, 2018 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 the Notes issued on the Issue Date. Any certificated PIK Notes will be issued with the description “PIK” on the face of such PIK Note. The Issuer shall pay pay, to the extent such payments are lawful, interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate borne by the Notes plus 1.0% per annum. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. If the due date for any payment in respect of any Note is not a business day at the place in which such payment is due to be paid, the Holder thereof will not be entitled to payment of the amount due until the next succeeding business day at such place, and will not be entitled to any further interest or other payment as a result of any such delay. If any definitive registered Notes are issued in the future, principal of, or premium and interest on any Additional Amounts such definitive registered Notes will be payable at the office of one or more Paying Agents (as specified defined below) in New York as maintained for such purposes. In addition, interest on the Indenture. Any interest definitive registered Notes may be paid on this Note shall be increased by check mailed to the extent necessary to pay Additional Amounts Person entitled thereto as set forth hereinshown on the register for the definitive registered Notes.

Appears in 1 contract

Samples: CEDC Finance Corp LLC

Interest. Central European Media Enterprises Ltd.Dynegy Inc., a company organized under the laws of Bermuda an Illinois corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.09.00% per annumannum from the Date of Issuance set forth below to, but excluding August 11, 2005, and at 13.75% per annum thereafter until maturity and shall pay any Liquidated Damages payable pursuant to Section 3(e) of the Exchange and Registration Rights Agreement (Notes) referred to below; provided that if at any time redemption or repurchase of the Notes pursuant to Section 3.02 or 3.05 of the Indenture is restricted by a Redemption Restriction, then the Subject Percentage of the Notes shall bear interest at 13.75% per annum from the Payment Blockage Date to but excluding the date that the Blockage Amount is paid pursuant to Section 3.02 of the Indenture, payable pro rata to the Holders on each Interest Payment Date. Interest on this Note The Company will be payable pay interest and any Liquidated Damages semi-annually in arrears on June February 1 and December 1August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (eacheach an "Interest Payment Date"); provided that such Interest and any Liquidated Damages shall accrue and an amount equal to such accrued and unpaid Interest and any Liquidated Damages shall be added to the principal amount of the Notes as Additional Amounts on each Interest Payment Date (such Additional Amounts to constitute principal for all purposes of the Indenture and this Note) unless (i) the Company at its sole option elects to pay all or a portion of such Interest in cash or (ii) an Event of Default has occurred and payment of the Note has been accelerated pursuant to Section 7.02 of the Indenture, an “interest payment date”)in which case accrued and unpaid Interest to the date of such Event of Default shall be due and payable in cash at such time; and provided further that any Interest paid on the Notes shall be paid net of any applicable withholding required by law. Interest on this Note the Notes 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 issuance; provided that if there is no existing Default 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 Interestinterest, the Global Notes will bear interest on such increased principal amount from and after the date of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on 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 increased to the extent necessary to pay Additional Amounts as set forth herein.February 1,

Appears in 1 contract

Samples: Indenture (Dynegy Inc /Il/)

Interest. Central European Media Enterprises Ltd.Xxxx Las Vegas, LLC, a Nevada limited liability company organized under the laws of Bermuda (“Xxxx Las Vegas” ) and Xxxx Las Vegas Capital Corp., a Nevada corporation (“Wynn Capital,” and together with Xxxx Las Vegas, the “IssuerIssuers”), promises as joint and several obligors, promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.05.375% per annumannum from March 12, 2012 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. Interest on this Note will be payable The Issuers shall pay interest and Liquidated Damages, if any, semi-annually in arrears on June 1 March 15 and December 1September 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment dateInterest Payment Date”). Interest on this Note will the Notes shall 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 issuance; provided that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be September 15, 2012. The Issuer 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; 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, (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Wynn Las Vegas LLC)

Interest. Central European Media Enterprises Ltd.AirGate PCS, Inc., a company organized under the laws of Bermuda Delaware corporation, or its successor (the “Issuer”"AirGate"), promises to pay interest on the principal amount of this First Priority Senior Secured Floating Rate Note at a rate per annum, reset quarterly, equal to LIBOR plus 3.75%, as determined by the calculation agent (the "Calculation Agent"). AirGate will pay interest in United States dollars (except as defined otherwise provided herein) at the rate of 15.0% per annum. Interest on this Note will be payable semi-annually quarterly in arrears on June 1 January 15, April 15, July 15 and December 1October 15, commencing on [ ], or if any such day is not a Business Day, on the next succeeding Business Day (each, each an “interest payment date”"Interest Payment Date"). Interest on this Note will the First Priority Senior Secured Floating Rate Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from [INSERT DATE WHEN INTEREST ACCRUAL COMMENCES]; provided that if there is no existing Default or Event of Default in the payment of interest, and if this First Priority Senior Secured Floating Rate Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after [INSERT DATE WHEN INTEREST ACCRUAL COMMENCES]), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of First Priority Senior Secured Floating Rate Notes, in which case interest shall accrue from the date of authentication. AirGate shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the Issue Daterate equal to 1% per annum in excess of the then applicable interest rate on the First Priority Senior Secured Floating Rate Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The Issuer promises to pay such amount of interest on for each day that the Notes on any are outstanding (the "Daily Interest Amount") will be calculated by dividing the interest payment date entirely rate in effect for such day by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing 360 and multiplying the result by the principal amount of the outstanding Notes (“PIK Interest”) on such Notes. The amount of interest payment date. With respect to interest be paid on the Notes for a semi-annual period due on an interest payment dateeach Interest Period will be calculated by adding the Daily Interest Amounts for each day in the Interest Period. All percentages resulting from any of the above calculations will be rounded, the Issuer may elect, at its optionif necessary, to pay the nearest one hundred thousandth of a percentage point, with five one-millionths of a percentage point being rounded upwards (e.g., 9.876545% (or .09876545) being rounded to 9.87655% (or .0987655)) and all dollar amounts used in or resulting from such calculations will be rounded to the nearest cent (with one-half cent being rounded upwards). The interest due rate on the Notes on such 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. The Calculation Agent will, upon the request of the Holder of any Note, provide the interest payment date (i) entirely rate then 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 effect with respect to the entire principal amount Notes. All calculations made by the Calculation Agent in the absence of manifest error will be conclusive for all purposes and binding on the Company, the Guarantors and the Holders 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 such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinNotes.

Appears in 1 contract

Samples: Intercreditor Agreement (Airgate PCS Inc /De/)

Interest. Central European Media Enterprises Ltd.Gogo Intermediate Holdings LLC, a Delaware limited liability company organized under the laws of Bermuda (the “IssuerCompany”), promises and Gogo Finance Co. Inc., a Delaware corporation (the “Co-Issuer” and, together with the Company, the “Issuers”), promise to pay or cause to be paid interest on the principal amount of this Note (as defined herein) note at the rate of 15.012.500% per annumannum from , until maturity. Interest on this Note The Issuers will be payable pay interest, if any, semi-annually in arrears on June July 1 and December 1January 1 of each year, or if any such day is not a Business Daybusiness day, on the next succeeding Business Day business day (each, an “interest payment dateInterest Payment Date”). Interest on this Note the notes 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 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 paymentnext succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be , . The Issuer shall Issuers will pay interest (including Post-Petition Interest in any proceeding under any Bankruptcy Law) on overdue principal and at a rate that is 1% higher than the then applicable interest rate 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 on interest, if any Additional Amounts as specified in (without regard to any applicable grace period), at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary 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 Notes, the Holder hereof shall not be entitled to pay Additional Amounts 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 set forth hereinother notes under the Indenture.

Appears in 1 contract

Samples: Indenture (Gogo Inc.)

Interest. Central European Media Enterprises Ltd.Comdisco Holding Company, Inc., a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises and Comdisco, Inc., a Delaware corporation ("NLC" and, together with the Company, the "Issuers"), jointly and severally, promise to pay interest on the principal amount of this Note the Applicable Rate (as defined hereinbelow) at the rate of 15.0% per annumannum from August 12, 2002 until maturity. Interest on this Note The Issuers will be payable semi-annually pay interest quarterly in arrears on September 30, December 31, March 31 and June 1 and December 130 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 Payment Date"). Interest on this Note the Notes 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 dateissuance; provided, the Issuer may electhowever, at its option, to pay interest due on the Notes on such interest payment date (i) entirely that if there is no existing Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount from and after next succeeding Interest Payment Date; provided, further, that the date of such paymentfirst Interest Payment Date shall be ______ ___, 2002. The Issuer 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; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Interest will be computed at the Applicable Rate on the basis of the actual number of days elapsed over a year of 360 days. For purposes of this Note, the term "Applicable Rate" means the annual interest rate equal to pay Additional Amounts the sum of (i) three-month U.S. Dollar LIBOR as set forth hereinquoted on Bloomberg Page BBAM 1 (British Bankers Association page) ("LIBOR") plus (ii) an additional 3.00% per annum. In the event that such rate does not appear on the Bloomberg Page BBAM 1 (or otherwise on the Bloomberg Page BBAM), the LIBOR component for purposes of this definition shall be determined by reference to such other comparable publicly available service for displaying the three-month U.S. Dollar LIBOR as may be selected by the Issuers. The LIBOR component of the Applicable Rate for each fiscal quarter or partial fiscal quarter shall be fixed two (2) business days prior to the commencement of the applicable fiscal quarter or partial fiscal quarter to which the interest payment relates.

Appears in 1 contract

Samples: Comdisco Holding Co Inc

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda GMX RESOURCES INC. (the “Issuer”), ) promises to pay interest on the principal amount of this Series A Note (as defined hereini) at the rate of 11.0% per annum, payable in cash, if paid entirely in cash, in arrears and Additional Interest, if any, payable pursuant to Section 6 of the applicable Registration Rights Agreement referred to below, unless the Issuer makes a PIK Election (as defined below) with respect to an interest period; or (ii) at the rate of 13.0% per annum in the aggregate, of which (a) 9.0% per annum shall be payable in cash, in arrears, and (b) 4.0% per annum shall be payable in the form of Additional Notes (in minimum denominations of $1,000 and integral multiples thereof, with any fractional Additional Notes being paid in cash), in arrears (“PIK Interest”), if the Issuer has elected to pay a portion of the interest due with respect to an interest period in the form of Additional Notes (a “PIK Election”) with respect to an interest period. Any PIK Election shall specify the interest period subject to the PIK Election and may only be made by written notice given to the Trustee and the Holders at least 20 Business Days prior to the record date for the interest period for which the PIK Election is to be made (it being understood that, the issuance of a press release or the filing of a current report on Form 8-K with the SEC shall be deemed to be written notice given to the Holders). Notwithstanding the foregoing, interest on this Series A Note will accrue for any overdue principal on this Series A Note, and any overdue installments of interest at 15.0% per annumannum to the extent lawful. If a PIK Election is made, the Additional Notes issued pursuant thereto will be identical to the originally issued Notes on which such Additional Notes are being issued as PIK Interest and shall share the same CUSIP number as such originally issued Notes, except that interest will begin to accrue from the date they are issued. Interest on this Note will be payable semi-annually in arrears on June 1 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on this Series A Note will accrue from the most recent date to on which interest has been paid or, if no interest has been paid, from and including the Issue DateDecember 19, 2011. The Issuer promises to will pay such interest semi-annually in arrears on each Interest Payment Date, commencing June 1, 2012. Interest will be computed on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing basis of a 360-day year of twelve 30-day months and, in the principal amount case 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 datepartial month, 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 actual number 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 such paymentelapsed. The Issuer shall pay interest on overdue principal and on overdue installments of interest from time to time on demand at a rate of 15.0% per annum and on overdue installments of interest (without regard to any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased applicable grace periods) to the extent necessary to pay Additional Amounts as set forth hereinlawful.

Appears in 1 contract

Samples: First Supplemental Indenture (GMX Resources Inc)

Interest. Central European Media Enterprises Ltd.Inergy, L.P., a company organized under the laws of Bermuda Delaware limited partnership (the “IssuerCompany”), promises and Inergy Finance Corp., a Delaware corporation (the “Finance Corp.” and, together with the Company, the “Issuers”), jointly and severally promise to pay interest on the principal amount of this Note (as defined herein) at the rate of 15.07.0% per annumannum from September 27, 2010 until maturity and shall pay the Additional Interest payable pursuant to Section 2(d) of the Registration Rights Agreement referred to below. Interest on this Note The Issuers will be payable pay interest and Additional Interest, if any, semi-annually in arrears on June April 1 and December October 1 of each year, commencing April 1, 2011, 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 this Note the Notes 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 of original issuance; provided that if there is no existing Default or (ii) increasing the principal amount Event 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 Default 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 Interestinterest, and if this Note is authenticated between a record date referred to on the Global Notes will bear face hereof and the next succeeding Interest Payment Date, interest on shall accrue from such increased principal amount next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from and after the date of such paymentauthentication. The Issuer 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 the rate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periods) from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Inergy L P)

Interest. Central European Media Enterprises Ltd.Xxxxx Energy Holdings, LLC, a Delaware limited liability company organized under the laws of Bermuda (the “IssuerCompany”), promises and Xxxxx Energy Finance Corp., a Delaware corporation (“Finance Corp.” and together with the Company, the “Issuers”), jointly and severally promise to pay or cause to be paid interest on the unpaid principal amount of this Note (as defined herein) at the rate of 15.09.250% per annum. Interest on this Note The Issuers will be payable pay interest semi-annually in arrears on June 1 March 15 and December 1September 15 of each year (each, or if any such an “Interest Payment Date”), beginning September 15, 2018. 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 (eachwith the same force and effect as if made on such Interest Payment Date, an “and no additional interest payment date”)will accrue as a result of such delayed payment. Interest on this Note 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 including if this Note is authenticated between a record date referred to on the Issue face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment 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 Issuers will pay interest due on the Notes on such (including post-petition interest payment date (iin any proceeding under any Bankruptcy Law) 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 such payment. The Issuer shall pay interest on overdue principal and premium, if any, from time to time on demand the interest rate on the Notes to the extent lawful; and they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and (without regard to any applicable grace periods), from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary to pay Additional Amounts as set forth hereinlawful. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months.

Appears in 1 contract

Samples: Indenture (Jones Energy, Inc.)

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), promises to The Company will pay interest on the principal amount of this Note (as defined herein) at the rate of 15.0% per annumon August 1, 2010. Interest and Additional Interest on this Note the Notes will be payable semi-annually in arrears cash on June each February 1 and December 1, August 1 (or if any such day is not a Business Day, on the next succeeding Business Day Day) commencing on February 1, 2005 (each, an “interest payment date”"Interest Payment Date"), to the Holders of record of the Notes at the close of business on January 15 and July 15 immediately preceding the applicable Interest Payment Date. Interest on this Note the Notes 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; 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 the next succeeding Interest Payment Date. This Note will bear interest at a rate per annum (the "Applicable Interest Rate") from August 16, 2004 until maturity, reset quarterly, equal to LIBOR plus 5.75%, as determined by the calculation agent appointed by the Company (the "Calculation Agent"), which shall initially be DBTCA, plus any Additional Interest pursuant to Section 4 of the Registration Rights Agreement. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Issuer promises Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue payments of the principal, Purchase Price and Redemption Price of this Note from time to pay such interest time on demand at the same rate per annum 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 extent lawful; 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 such payment. The Issuer shall pay interest on overdue principal and (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of on interest and Additional Interest, if any (without regard to applicable grace periods), hereon from time to time on any Additional Amounts as specified in demand at the Indenture. Any interest paid on this Note shall be increased same rate to the extent necessary lawful. Set forth below is a summary of certain of the defined terms used in this Section 1 relating to pay Additional Amounts as set forth hereinthe determination of interest on this Note.

Appears in 1 contract

Samples: Indenture (Davis-Standard CORP)

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), The Company promises to pay interest on the principal amount of this Note (as defined herein) the Securities at the interest rate of 15.06.5% per annumannum (the "Interest Rate") from the date of issuance until repayment in full at November 1, 2014, or until an earlier repurchase. The Company will pay Interest on this Note will be payable Security semi-annually in arrears on June May 1 and December November 1 of each year (each, an "Interest Payment Date"), commencing May 1, 2005. Interest on the Securities shall be computed (i) for any full semi-annual period for which a particular Interest Rate is applicable, on the basis of a 360-day year of twelve 30-day months and (ii) for any period for which a particular Interest Rate is applicable for less than a full semiannual period for which Interest is calculated, on the basis of a 30-day month and, for such periods of less than a month, the actual number of days elapsed over a 30-day month. If this Security is repurchased by the Company on a date that is after the record date and prior to the corresponding Interest Payment Date, interest and additional amounts, if any, accrued and unpaid hereon to but not including the applicable Repurchase Date or Fundamental Change Repurchase Date, as the case may be, will be paid to the same Holder to whom the Company pays the purchase price of this Security. A Holder of any Security at the close of business on a record date will be entitled to receive interest (and Liquidated Damages, if any) on such Security on the corresponding Interest Payment Date. Interest on Securities converted after a record date but prior to the corresponding Interest Payment Date (other than any Security whose maturity is prior to such day is not a Business Day, Interest Payment Date) will be paid on the next succeeding Business Day Interest Payment Date to the Holder of the Securities on the record date but, upon conversion, the converting Holder must pay the Company the interest, and Liquidated Damages, if any, which have accrued to the date of conversion and will be paid on such Interest Payment Date. If the principal amount hereof, any portion thereof, any interest, including the payment of Liquidated Damages, if any, or any Repurchase Price, Fundamental Change Repurchase Price, Optional Redemption Price or Make-Whole Premium, if applicable, on any Security is not paid when due (eachwhether upon acceleration pursuant to Section 8.2 of the Indenture, an “upon the date set for payment of the Repurchase Price, the Fundamental Change Repurchase Price, the Optional Redemption Price or the Make-Whole Premium hereof or upon the Stated Maturity of this Security), then in each such case the overdue amount shall, to the extent permitted by law, bear interest payment date”). at 1% over the then Interest on this Note will Rate, which interest shall accrue from the most recent date on which such overdue amount was originally due 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 payment of such paymentamount, including interest thereon, has been made or duly provided for. The Issuer shall pay All such interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased to the extent necessary to pay Additional Amounts as set forth hereinpayable on demand.

Appears in 1 contract

Samples: Registration Rights Agreement (Integrated Electrical Services Inc)

Interest. Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Issuer”), promises to pay The Securities shall bear interest on the principal amount of this Note (as defined herein) thereof at the a rate of 15.06.80% per annumyear. The Company shall also pay Liquidated Damages as set forth in the Registration Rights Agreement. Interest on this Note will be payable semi-annually in arrears on June 1 and December 1each Interest Payment Date to Holders at the close of business on the preceding Interest Record Date. Interest will be computed on the basis of a 360-day year comprised of twelve 30 day months. The Company will pay Interest to a person other than the Securityholder of record on the Interest Record Date if the Company elects to redeem, or if any such day is not a Business Day, on Securityholders elect to require the next succeeding Business Day (each, an “interest payment date”). Interest on this Note will accrue from the most recent date Company 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 daterepurchase, the Issuer may elect, at its option, to pay interest due Securities on the Notes on such interest payment a date (i) entirely in Cash that is after a 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 Record Date but on or prior to the Cash Election Deadline, then a PIK corresponding Interest Payment shall be made on such interest payment date)Date. Notwithstanding the foregoingIn that instance, 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 Company will pay accrued and unpaid Interest on the Notes Securities being redeemed or purchased to, but not including, the Redemption Date or the Change of Control Purchase Date, as the case may be, to the same person to whom it will be payable in pay the manner set forth in Section 2.17 principal of the Indenturethose Securities. Following an increase in If the principal amount of the outstanding Global Notes as a result any Security, or any accrued and unpaid Interest or Liquidated Damages, if any, are not paid when due (whether upon acceleration pursuant to Section 6.02 of the Indenture, upon the date set for payment of PIK Interestthe Redemption Price pursuant to Section 3.01 of the Indenture and Section 5 hereof, the Global Notes will bear interest on such increased principal amount from and after upon the date set for payment of such payment. The Issuer shall pay interest on overdue principal the Change in Control Purchase Price pursuant to Section 3.08 of the Indenture and on overdue installments Section 6 hereof, upon the Stated Maturity of interest and on any Additional Amounts the Securities, upon the Interest Payment Dates or upon the Liquidated Damages Payment Dates (as specified defined in the Indenture. Any interest paid on this Note shall be increased Registration Rights Agreement), then in each such case the overdue amount shall, to the extent necessary permitted by law, bear cash interest at the rate of 6.80% per annum, compounded semiannually, which interest shall accrue from the date such overdue amount was originally due to pay Additional Amounts as set forth hereinthe date payment of such amount, including interest thereon, has been made or duly provided for. All such interest shall be payable in cash on each Interest Payment Date, or, if earlier, the date such overdue amount is paid.

Appears in 1 contract

Samples: Maxtor Corp

Interest. Central European Media Enterprises Ltd.Hondo Oil & Gas Company (formerly Xxxxxx Petroleum Inc.), a company organized under the laws of Bermuda Delaware corporation (the “Issuer”"Company"), promises to pay interest on the principal amount of this Note (as defined herein) at the rate per annum shown above (provided, however, that if the Company's stockholders shall fail to approve the right of 15.0the Holders to convert $7,000,000 principal amount of the Note at a conversion price of $7.70 per share at their 1998 Annual Meeting, the interest rate applicable to the portion of this Note that would have otherwise been so convertible shall be 13.5% per annum). The Company will pay interest semiannually on April 1 and October 1 of each year, commencing May 1, 1989. Interest on this Note will be payable semi-annually in arrears on June 1 and December 1, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “interest payment date”). Interest on this Note Notes will accrue from the most recent date to which interest has been paid oror , if no interest has been paid, from and including November 4, 1988, in any case to (but excluding) the Issue Dateapplicable interest payment date. The Issuer promises Interest will be computed on the basis of a 360-day year of twelve 30-day months. Notwithstanding anything in the foregoing to the contrary, if, in the opinion of its Board of Directors, the Company does not have sufficient cash resources to pay such interest on the Notes on any when due, then the Company may offer to the Noteholder a payment of the interest payment date entirely by in shares of the Company's common stock, valued at (i) paying cash (“Cash Interest”) the last reported sales price regular way on the interest due day or, in case no such reported sale takes place on such interest payment date day, the average of the reported closing bid and asked prices regular way on such day, in either case on the American Stock Exchange or other principal national securities exchange on which the Company's common stock is listed or, if not listed on any national securities exchange, on The Nasdaq Stock Market's National Market System 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 if (i) entirely in Cash Interest is not applicable, the average of the bid and asked prices at the rate end of 15.0% per annum (“Cash Interest Payment”) or (ii) entirely the interest due day in PIK Interest at the rate of 15.0% per annum (“PIK Interest Payment”)over-the-counter market as furnished by any New York Stock Exchange member firm selected by the Noteholder in good faith for that purpose. In order to elect to pay Cash Interest on any interest payment datemaking this determination, the Issuer must deliver a written notice Company's management will not, without the consent of its election the Noteholder, allocate cash resources to new capital projects not related 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 Opon Association Contract dated July 15, 20151987 between Empressa Colombiana de Petroleos and Opon Development Company. PIK Interest on The Noteholder will then notify the Notes Company whether it 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 either accept the payment of PIK Interestinterest in the Company's common stock or add the amount of interest due to the principal of the Notes. If the Noteholder accepts the payment of interest in the Company's common stock, the Global Notes Company will bear issue the requisite number of shares to Noteholder within ten business days after the Company receives notice of acceptance from Noteholder. The Noteholder recognizes that any shares of the Company's common stock that it may acquire by the payment of interest on such increased principal amount in the Company's common stock will not have been registered under the Securities Act of 1933, as amended (the "Act"), and may not be sold in the absence of an effective registration under the Act or an exemption from the registration requirements of the Act. If the Noteholder so requests at any time and from time to time after the date shares of such payment. The Issuer shall pay interest on overdue principal and on overdue installments of interest and on any Additional Amounts as specified in the Indenture. Any interest paid on this Note shall be increased he Company's common stock are issued to the extent necessary Noteholder pursuant to pay Additional Amounts as set forth hereinthis provision, the Company will use its best efforts to effect registration under the Act of the shares so issued.

Appears in 1 contract

Samples: Note Purchase Agreement (Lonrho Inc)

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