Common use of Late Fee; Default Rate Clause in Contracts

Late Fee; Default Rate. If any payment is not made within ten days after the date such payment is due, Borrower shall pay Bank a late fee equal to the lesser of (i) 5% of the amount of such unpaid amount or (ii) the maximum amount permitted to be charged under applicable law. All Obligations shall bear interest, from and after the occurrence and during the continuance of an Event of Default, at a rate equal to the lesser of (y) five percentage points above the interest rate applicable immediately prior to the occurrence of the Event of Default or (z) the maximum amount permitted to be charged under applicable law.

Appears in 2 contracts

Samples: Loan and Security Agreement (Evolve Software Inc), Loan and Security Agreement (Evolve Software Inc)

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Late Fee; Default Rate. If any payment is not made within ten 10 days after the date such payment is due, Borrower shall pay Bank a late fee equal to the lesser of (i) 5% of the amount of such unpaid amount or (ii) the maximum amount permitted to be charged under applicable law. All Obligations shall bear interest, from and after the occurrence and during the continuance of an Event of Default, at a rate equal to the lesser of (yA) five 4 percentage points above the interest rate applicable immediately prior to the occurrence of the Event of Default or (zB) the maximum amount permitted to be charged under applicable law.

Appears in 1 contract

Samples: Loan and Security Agreement (Smartbargains, Inc.)

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Late Fee; Default Rate. If any payment is not made within ten (10) days after the date such payment is due, Borrower shall pay Bank a late fee equal to the lesser of (i) five percent (5% %) of the amount of such unpaid amount or (ii) the maximum amount permitted to be charged under applicable law. All Obligations shall bear interest, from and after the occurrence and during the continuance of an Event of Default, at a rate equal to the lesser of (yi) five (5) percentage points above the interest rate applicable immediately prior to the occurrence of the Event of Default or (zii) the maximum amount permitted to be charged under applicable law.

Appears in 1 contract

Samples: Loan and Security Agreement (Patient Infosystems Inc)

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