LIQUIDATED DAMAGES AMOUNT. IF OTHER THAN IN CONNECTION WITH THE APPLICATION OF PROCEEDS, NOTWITHSTANDING THE PROHIBITIONS OF THIS SECTION 4, THE LOAN IS VOLUNTARILY OR INVOLUNTARILY REPAID PRIOR TO THE MATURITY DATE, INCLUDING AS A RESULT OF AN ACCELERATED MATURITY DATE, THEN BORROWER SHALL PAY TO LENDER, AS LIQUIDATED DAMAGES FOR SUCH DEFAULT AND NOT AS A PENALTY, AND IN ADDITION TO ANY AND ALL OTHER SUMS AND FEES PAYABLE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AN AMOUNT EQUAL TO FOUR PERCENT (4%) OF THE PRINCIPAL AMOUNT BEING REPAID (THE LIQUIDATED DAMAGES AMOUNT).
LIQUIDATED DAMAGES AMOUNT. IF NOTWITHSTANDING THE PROHIBITIONS OF THIS SECTION 4, THE LOAN IS VOLUNTARILY OR INVOLUNTARILY REPAID DURING THE LOCKOUT PERIOD, INCLUDING, BUT NOT LIMITED TO, AS A RESULT OF AN ACCELERATED MATURITY DATE, THEN BORROWER SHALL PAY TO LENDER, AS LIQUIDATED DAMAGES FOR SUCH DEFAULT AND NOT AS A PENALTY, AND IN ADDITION TO ANY AND ALL OTHER SUMS AND FEES PAYABLE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AN AMOUNT EQUAL TO FIVE PERCENT (5%) OF THE PRINCIPAL AMOUNT BEING REPAID (THE "LIQUIDATED DAMAGES AMOUNT"). NOTWITHSTANDING THE FOREGOING, THE LIQUIDATED DAMAGES AMOUNT SHALL NOT BE APPLIED TOWARD ANY PREPAYMENTS OF PROCEEDS (AS SUCH TERM IS DEFINED IN THE LOAN AGREEMENT) NOR ANY PREPAYMENT DESCRIBED IN SECTION 4(a)(B) OR 4(c)(ii) ABOVE.
LIQUIDATED DAMAGES AMOUNT. Section 9.3(a) ............37
LIQUIDATED DAMAGES AMOUNT. IF FOLLOWING THE ACCELERATION OF THE NOTE BY ADMINISTRATIVE AGENT AFTER THE OCCURRENCE OF AN EVENT OF DEFAULT, ALL OR ANY PART OF THE LOAN IS REPAID DURING THE PREPAYMENT LOCKOUT PERIOD FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, AS A RESULT OF AN ACCELERATED MATURITY DATE, THEN BORROWER SHALL PAY TO ADMINISTRATIVE AGENT, AS LIQUIDATED DAMAGES FOR SUCH DEFAULT AND NOT AS A PENALTY, AND IN ADDITION TO ANY AND ALL OTHER SUMS AND FEES PAYABLE UNDER THIS PROMISSORY NOTE AND THE OTHER LOAN DOCUMENTS, AN AMOUNT EQUAL TO THE GREATER OF (I) 5% OF THE PRINCIPAL AMOUNT BEING PREPAID, AND (II) THE PRESENT VALUE AS OF THE PREPAYMENT CALCULATION DATE OF A SERIES OF MONTHLY PAYMENTS OVER THE REMAINING TERM OF THE LOAN THROUGH THE PAYMENT DATE THAT IS NINETY (90) DAYS PRIOR TO THE MATURITY DATE, EACH EQUAL TO THE AMOUNT OF INTEREST WHICH WOULD BE DUE ON THE AMOUNT BEING PREPAID ASSUMING A PER ANNUM INTEREST RATE EQUAL TO THE EXCESS OF THE INTEREST RATE OVER THE REINVESTMENT YIELD, AND DISCOUNTED AT THE REINVESTMENT YIELD (THE “LIQUIDATED DAMAGES AMOUNT”). NOTWITHSTANDING THE FOREGOING, THE LIQUIDATED DAMAGES AMOUNT SHALL NOT BE APPLIED TOWARD ANY PREPAYMENTS OF ANY INSURANCE PROCEEDS OR CONDEMNATION AWARDS.
LIQUIDATED DAMAGES AMOUNT. For any delay in the Time of Completion pursuant to Article 31 and Attachment-2 (Plan of Work), TELKOM shall be entitled for liquidated damages from CONTRACTOR amounting of 1 0/00 (one per mil) of Contract Price excluding 10% VAT for each day delay for a maximum ten percent (10%) of the Contract Price.
LIQUIDATED DAMAGES AMOUNT. Section 6.4.2 MECHANICS' LIENS.....................................................Section 4.2.2
LIQUIDATED DAMAGES AMOUNT. For any delay in the completion of WORKS implementation, TELKOM shall be entitled to impose penalty to CONTRACTOR amounting to 1 0/00 (one per mil) of Contract Price excluding 10% VAT for every day delay up to a maximum of five per cent (5%) of the CONTRACT PRICE excluding 10% VAT.
LIQUIDATED DAMAGES AMOUNT. If at any time ------------------------- Liquidated Damages Amounts become payable by the Company pursuant to the Registration Rights Agreement, the Company shall promptly deliver to the Trustee a certificate to that effect and stating (i) the amount of such Liquidated Damages Amounts that are payable and (ii) the date on which such damages are payable pursuant to the terms of the Registration Rights Agreement. Unless and until a Responsible Officer of the Trustee receives such a certificate, the Trustee may assume without inquiry that no Liquidated Damages Amounts are payable. If the Company has paid Liquidated Damages Amounts directly to the persons entitled to them, the Company shall deliver to the Trustee a certificate setting forth the particulars of such payment.
LIQUIDATED DAMAGES AMOUNT. IF FOLLOWING THE ACCELERATION OF THE NOTE BY LENDER AFTER THE OCCURRENCE OF AN EVENT OF DEFAULT, ALL OR ANY PART OF THE LOAN IS REPAID DURING THE PREPAYMENT LOCKOUT PERIOD FOR ANY REASON EXCLUDING A MANDATORY PREPAYMENT IN CONNECTION WITH THE APPLICATION OF PROCEEDS FOLLOWING A CASUALTY OR CONDEMNATION, THEN BORROWER SHALL PAY TO LENDER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND IN ADDITION TO ANY AND ALL OTHER SUMS AND FEES PAYABLE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AN AMOUNT EQUAL TO THE GREATER OF (A) FIVE PERCENT (5%) OF THE PRINCIPAL AMOUNT BEING REPAID AND (B) THE YIELD MAINTENANCE PREMIUM (THE LIQUIDATED DAMAGES AMOUNT).
LIQUIDATED DAMAGES AMOUNT. Notwithstanding the termination of the Master Services Agreement in accordance with SECTION 6.2(a) hereof, the Company and Bechtel hereby agree that the amount that would currently be due and owing to Bechtel under Section 5.8 of the Master Services Agreement is US$16.8 million (the "LIQUIDATED DAMAGES AMOUNT"), that such amount shall remain due and owing in accordance with the terms of that agreement and that, unless further work is granted to Bechtel pursuant to and in accordance with an agreement entered into by the parties (which agreement, if any, shall be negotiated in good faith), so as to reduce the Liquidated Damages Amount in accordance with the procedures to be set forth in any such agreement, the Liquidated Damages Amount shall be paid to Bechtel in accordance therewith on the first date such payment would be required to be made under the Master Services Agreement.
