Common use of VARIABLE INTEREST RATE Clause in Contracts

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in the "Money Rates" table in the Wall Street Journal from time to time (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.750% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior to maturity on the unpaid principal balance of this loan will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.500% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this loan be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes of this Agreement, the "maximum rate allowed by applicable law" means the greater of (A) the maximum rate of interest permitted under federal or other law applicable to the indebtedness evidenced by this Agreement, or (B) the "Weekly Ceiling" as referred to in Sections 303.002 and 303.003 of the Texas Finance Code. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this method.

Appears in 2 contracts

Samples: Terms Agreement (XPEL, Inc.), Terms Agreement (XPEL, Inc.)

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VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate daily average yield on United States Treasury securities adjusted to a constant maturity of five years, as published in made available by the "Money Rates" table in the Wall Street Journal from time to time Federal Reserve Board (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest rate change will not occur more often than each day5 years. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.750% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior interest rate or rates to maturity on be applied to the unpaid principal balance of during this loan will be calculated as described the rate or rates set forth herein in the "INTEREST CALCULATION METHOD" paragraph using a “Payment” section. Notwithstanding any other provision of this Agreement, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting due date of the last payment in an initial rate of 5.500% per annum based on a year of 360 daysthe just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan CHANGE IN TERMS (Continued) Loan No. 5510060956801 Page 2 be less than 4.2504.900% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower's payments to the indebtedness evidenced ensure Borrower's loan will pay off by this Agreementits original final maturity date, or (B) increase Borrower's payments to cover accruing interest, (C) increase the "Weekly Ceiling" as referred to in Sections 303.002 number of Borrower's payments, and 303.003 of (D) continue Borrower's payments at the Texas Finance Codesame amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this loan Note is computed on a 365/360 30/360 simple interest basis; that is, with the exception of odd days before the first full payment cycle, monthly interest is calculated by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days before the first full month is calculated on the basis of the actual number of days the principal balance is outstanding, unless such calculation would result in and a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be360-day year. All interest payable under this loan Note is computed using this method.

Appears in 2 contracts

Samples: Change in Terms Agreement (Medalist Diversified REIT, Inc.), Change in Terms Agreement (Medalist Diversified REIT, Inc.)

VARIABLE INTEREST RATE. The interest rate on this loan the Loan is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime 1 Month LIBOR (the “Index”). Interest shall accrue on all outstanding amounts at the per annum rate (the “Note Rate”) equal to the greater of (i) Eight and 00/100 percent (8.00%) per annum or (ii) Six and 75/100 percent (6.75%) per annum in excess of the Libor Rate (as hereinafter defined) in effect from time to time. “Libor Rate” means the rate per annum published in the "Money Rates" table in by the Wall Street Journal from time to time on the date of an interest rate change in its “Money Rates” section, as the London Interbank Offered Rates (LIBOR) on U.S. Dollar deposits for one (1)-month periods of time. If the "Index")Wall Street Journal Libor Rate becomes unavailable at any time, Lender may designate a comparable index. Interest shall accrue on all outstanding amounts at the applicable rate set forth in this Loan Agreement both before and after default and before and after maturity and judgment. The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will occur on the first day of each Month based upon the Index on that date. If the first day of the Month is not a business day (a business day is every day, other than Saturday, Sunday, or any day that the Federal Reserve Bank of San Francisco is not open for business), the interest rate will be based upon the Index on the first business day preceding the first day of the Month. Interest rate changes will not occur more often than each dayMonth. Lender is not required to give notice to Borrower of an interest rate change. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.750% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior to maturity on the unpaid principal balance of this loan Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.500% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 4.2508.00% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced by this Agreementcover accruing interest, or and (B) continue Borrower’s payments at the "Weekly Ceiling" as referred to in Sections 303.002 same amount and 303.003 of the Texas Finance Codeincrease Borrower’s final payment. INTEREST CALCULATION METHOD. Interest on this loan the Loan is computed on a 365/360 an actual/360 day basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan on the Loan is computed using this method.

Appears in 1 contract

Samples: Business Loan Agreement (ComSovereign Holding Corp.)

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in weekly average yield on the "Money Rates" table in the Wall Street Journal from time United States Treasury securities adjusted to time a constant maturity of five years (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest rate change will not occur more often than each dayfive years. The interest rate may change on the five year anniversary date of this Change in Terms Agreement and every five years in the same month thereafter. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.7504.660% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate to maturity on be applied to the unpaid principal balance of this loan Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 2.600 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.5007.260% per annum based on a year of 360 daysannum. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower’s payments to ensure Borrower’s loan will pay off by it original final maturity date, (B} increase Borrower’s payments to cover accruing interest, (C) increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment. CONTINUED ON NEXT PAGE CHANGE IN TERMS AGREEMENT CONTINUING VALIDITY. Except as expressly changed by this Agreement, the "maximum rate allowed terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by applicable law" means Lender to this Agreement does not waive Lender’s right to strict performance of the greater obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of (A) the maximum rate obligation(s). It is the intention of interest permitted under federal Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or other law applicable endorser, including accommodation makers, will not he released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the indebtedness evidenced changes and provisions of this Agreement of otherwise will not be released by this Agreementit. This waiver applies not only to any initial extension, modification or (B) the "Weekly Ceiling" as referred release, but also to in Sections 303.002 and 303.003 all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. CHANGE IN TERMS SIGNERS: BXXXXX TRAVEL CENTERS, INC. By: /s/ Mxxxxxx X. Xxxxxx MXXXXXX X. XXXXXX, PRESIDENT of the Texas Finance Code. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that isBXXXXX TRAVEL CENTERS, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this methodINC.

Appears in 1 contract

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

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in weekly average yield on the "Money Rates" table in the Wall Street Journal from time United States Treasury securities adjusted to time a constant maturity of five years (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. , The interest rate change will not occur more often than each dayfive years. The interest rate may change on the five year anniversary date of this Change in Terms Agreement and every five years in the same month thereafter. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.7504,660% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate or rates to maturity on be applied to the unpaid principal balance of this loan Note will be calculated as described the rate or rates set forth herein in the "INTEREST CALCULATION METHOD" paragraph using a CONTINUED ON NEXT PAGE CHANGE IN TERMS AGREEMENT “Payment” section. Notwithstanding any other provision of this Note, after the payment stream, the interest rate for each subsequent payment stream will be effective as of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate last payment date of 5.500% per annum based on a year of 360 daysthe just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementit original final maturity date, or (B) increase Borrower’s payments to cover accruing interest, (C) increase the "Weekly Ceiling" as referred to in Sections 303.002 and 303.003 of the Texas Finance Code. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days Borrower’s payments, and (D) continue Borrower’s payments at the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this methodsame amount and increase Borrower’s final payment.

Appears in 1 contract

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

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in weekly average yield on the "Money Rates" table in the Wall Street Journal from time United States Treasury securities adjusted to time a constant maturity of five years (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest rate change will not occur more often than each dayfive years. The interest rate may change on the five year anniversary date of this Change in Terms Agreement and every five years in the same month thereafter. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.7504.660% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate to maturity on be applied to the unpaid principal balance of this loan Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 2.600 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.5007.260% per annum based on a year of 360 daysannum. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower’s payments to ensure Borrower’s loan will pay off by it original final maturity date, IB) increase Borrower’s payments to cover accruing interest, (C) increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment. CONTINUED ON NEXT PAGE CHANGE IN TERMS AGREEMENT CONTINUING VALIDITY. Except as expressly changed by this Agreement, the "maximum rate allowed terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by applicable law" means Lender to this Agreement does not waive Lender’s right to strict performance of the greater obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of (A) the maximum rate obligation(s). It is the intention of interest permitted under federal Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless Lender expressly releases a party in writing. Any maker or other law applicable endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the indebtedness evidenced changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. CHANGE IN TERMS SIGNERS: BXXXXX TRAVEL CENTERS, INC. By: /s/ Mxxxxxx X. Xxxxxx MXXXXXX X. XXXXXX, PRESIDENT of BXXXXX TRAVEL CENTERS, INC. CHANGE IN TERMS AGREEMENT Principal $2,175,000.00 Loan Date 04-26-2004 Maturity 02-28-2015 Loan No. 0000000000 Call / Coll Account 1000139549 Officer Initials References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. Borrower: BXXXXX TRAVEL CENTERS, INC. 100 XXXXXXXXX XXXXXXXXX XX XXXXXXXXXXX, XX 00000 Lender: BANK OF TXX XXXX Xxxxxxxxxxx, XXX #000 500 Xxxxxxxxx, 00xx Xxxxx Xxxxxxxxxxx, XX 00000 (888) 457-2692 Principal Amount: $2,175,000.00 Date of Agreement: September 29, or (B) 2006 DESCRIPTION OF EXISTING INDEBTEDNESS. Promissory Note dated April 26, 2004 in the "Weekly Ceiling" as referred to in Sections 303.002 and 303.003 original principal amount of the Texas Finance Code. INTEREST CALCULATION METHOD. Interest on this loan is computed on $2,175,000.00 with a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the current principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this method$2,108,739.01.

Appears in 1 contract

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

VARIABLE INTEREST RATE. The interest rate on this loan Agreement is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate minimum prime lending rate for large U.S. Money Center Commercial banks as published in the "Money Rates" table in Rate Section of the Wall Street Journal from time to time (the "Index".). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest rate change will not occur more often than each dayquarter. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.750% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior Prior to maturity on adding or subtracting any margin to the Index, the Index is rounded up to the nearest 0.001 per cent, resulting in a current rounded Index of 4.750%. The interest rate to be applied to the unpaid principal balance of this loan the Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using at a rate of 0.750 3.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described belowrounded up to the nearest 0.001 percent, resulting in an initial rate of 5.5008.500% per annum based on a year of 360 daysannum. NOTICE: Under no circumstances will the interest rate on this loan the Note be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementits original final maturity date, or (B) increase Borrower’s payments to cover accruing interest, (C) increase the "Weekly Ceiling" as referred to in Sections 303.002 and 303.003 of the Texas Finance Code. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days Borrower’s payments, and (D) continue Borrower’s payments at the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this methodsame amount and increase Borrower’s final payment.

Appears in 1 contract

Samples: Change in Terms Agreement (Flotek Industries Inc/Cn/)

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate minimum prime lending rate for large U.S. Money Center Commercial banks as published in the "Money Rates" table in Rate Section of the Wall Street Journal from time to time (the "Index"). ”) The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest rate change will not nut occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.7503.250% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate or rates to maturity on be applied to the unpaid principal balance of during this loan will be calculated as described the rate or rates set forth herein in the "INTEREST CALCULATION METHOD" paragraph using a “Payment” section. Notwithstanding any other provision of this Agreement, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting due date of the last payment in an initial rate of 5.500% per annum based on a year of 360 daysthe just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan lean be less than 4.2506.500% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementits original final maturity date, or (B) increase Borrower’s payments to cover accruing interest, (C) increase the "Weekly Ceiling" as referred to in Sections 303.002 number of Borrower’s payments, and 303.003 of (D) continue Borrower’s payments at the Texas Finance Codesame amount and increase Borrower’s final payment. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this method.

Appears in 1 contract

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

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index Independent Index which is the Prime Rate published in the ‘Money Rates’, section of the Wall Street Journal Prime Rate as published in the "Money Rates" table in the Wall Street Journal from time to time (the "Index"). The Index index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index Index after notifying Borrower. , Lender will tell Borrower the current Index index rate upon Borrower's ’s request. The interest rate change will not occur more often than each dayday during the term of the Note. The adjusted interest rate will be equal to the Index on the date of the adjustment plus the same percentage points over the Index as described herein. Borrower understands that Lender may make loans based on other rates as well. , The Index currently is 4.7507.750% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate or rates to maturity on be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the “Payment” section. Notwithstanding any other provision of this loan Note, after the first payment stream, the interest rate for each subsequent payment stream will be calculated effective as described in of the "INTEREST CALCULATION METHOD" paragraph using a rate last payment date of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.500% per annum based on a year of 360 daysjust-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementits original final maturity date, or (B) increase Borrower’s payments to cover accruing interest, (C) increase the "Weekly Ceiling" as referred to in Sections 303.002 and 303.003 of the Texas Finance Code. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days Borrower’s payments, and (D) continue Borrower’s payments at the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may besame amount and increase Borrower’s final payment. All interest payable under this loan is computed using this method.PROMISSORY NOTE (Continued)

Appears in 1 contract

Samples: Westmoreland Coal Co

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in weekly average yield on the "Money Rates" table in the Wall Street Journal from time United States Treasury securities adjusted to time a constant maturity of five years (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest rate change will not occur more often than each dayfive years. The interest rate may change on the five year anniversary date of this Change in Terms Agreement and every five years in the same month thereafter. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.7504.660% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate to maturity on be applied to the unpaid principal balance of this loan Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 2.600 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.5007.260% per annum based on a year of 360 daysannum. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementit original final maturity date, or (B) increase Borrower’s payments to cover accruing interest, (C) increase the "Weekly Ceiling" as referred to in Sections 303.002 and 303.003 of the Texas Finance Code. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days Borrower’s payments, and (D) continue Borrower’s payments at the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this methodsame amount and increase Borrower’s final payment.

Appears in 1 contract

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

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VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in the "Money Rates" table in the Wall Street Journal from time to time (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.750% per CONFIDENTIAL TREATMENT REQUESTED BY XPEL, INC. PURSUANT TO 17 C.F.R. SECTION 200.83 Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior to maturity on the unpaid principal balance of this loan will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.500% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this loan be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes of this Agreement, the "maximum rate allowed by applicable law" means the greater of (A) the maximum rate of interest permitted under federal or other law applicable to the indebtedness evidenced by this Agreement, or (B) the "Weekly Ceiling" as referred to in Sections 303.002 and 303.003 of the Texas Finance Code. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this method.

Appears in 1 contract

Samples: Terms Agreement (XPEL, Inc.)

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in the "Money Rates" table in the Wall Street Journal from time to time 10 Year Treasury Note (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loansloans and is set by Lender in its sole discretion. If the Index becomes unavailable during the term of this (loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest Interest rate change will not occur more often than each day5 Years. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.7502.010% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate or rates to maturity on be applied to the unpaid principal balance of during this loan will be calculated as described the rate or rates set forth herein in the "INTEREST CALCULATION METHOD" paragraph using a “Payment” section. Notwithstanding any other provision of this Agreement, after the first payment stream, the Interest rate for each subsequent payment stream will be effective as of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate last payment date of 5.500% per annum based on a year of 360 daysthe just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan be less than 4.2505.500% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable Increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementits original final maturity date, or (B) Increase Borrower’s payments to cover accruing interest, (C) Increase the "Weekly Ceiling" as referred to in Sections 303.002 number of Borrower’s payments, and 303.003 of (D) continue Borrower’s payments at the Texas Finance Codesame amount and increase Borrower’s final payment. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 365/365 simple interest basis; that is, by applying the ratio of the interest rate over the number of days in a year of 360 days(366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this method.

Appears in 1 contract

Samples: Notice of Final Agreement (SD Co Inc)

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate minimum prime lending rate for large U.S. Money Center Commercial banks as published in the "Money Rates" table in Rate Section of the Wall Street Journal from time to time (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's Xxxxxxxx’s request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.7503.250% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate or rates to maturity on be applied to the unpaid principal balance of during this loan will be calculated as described the rate or rates set forth herein in the "INTEREST CALCULATION METHOD" paragraph using a “Payment” section. Notwithstanding any other provision of this Agreement, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting due date of the last payment in an initial rate of 5.500% per annum based on a year of 360 daysthe just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan be less than 4.2506.500% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementits original final maturity date, or (B) increase Borrower’s payments to cover accruing interest, (C) increase the "Weekly Ceiling" as referred to in Sections 303.002 number of Borrower’s payments, and 303.003 of (D) continue Borrower’s payments at the Texas Finance Codesame amount and increase Borrower’s final payment. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this method.

Appears in 1 contract

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

VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in the "Money Rates" table in the Wall Street Journal from time to time 10 Year Treasury Note (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loansloans and is set by Lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest rate change will not occur more often than each day5 Years. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.7502.010% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior to maturity on the unpaid principal balance of this loan will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 3.000 percentage points over the Index, rounded up to the nearest 0.125 percent, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.500% per annum based on a year of 360 days%. NOTICE: Under no circumstances will the interest rate on this loan be less than 4.2505.500% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementits original final maturity date, or (B) increase Borrower’s payments to cover accruing interest, (C) Increase the "Weekly Ceiling" as referred to in Sections 303.002 number of Borrower’s payments, and 303.003 of (D) continue Borrower’s payments at the Texas Finance Codesame amount and increase Borrower’s final payment. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 365/365 simple interest basis; that is, by applying the ratio of the interest rate over the number of days in a year of 360 days(366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan is computed using this method.

Appears in 1 contract

Samples: Notice of Final Agreement (SD Co Inc)

VARIABLE INTEREST RATE. The interest rate on this loan Note is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate as published in weekly average yield on the "Money Rates" table in the Wall Street Journal from time United States Treasury securities adjusted to time a constant maturity of five years (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's ’s request. The interest rate change will not occur more often than each dayfive years. The interest rate may change on the five year anniversary date of this Change in Terms Agreement and every five years in the same month thereafter. Borrower understands that Lender may make loans based on other rates as well. The Index index currently is 4.7504.660% per Loan No: 310036 annum. The CONTINUED ON NEXT PAGE CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior interest rate or rates to maturity on be applied to the unpaid principal balance of this loan Note will be calculated as described the rate or rates set forth herein in the "INTEREST CALCULATION METHOD" paragraph using a “Payment” section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate last payment date of 5.500% per annum based on a year of 360 daysthe just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreementit original final maturity date, or (B) increase Borrower’s payments to cover accruing interest, (C) increase the "Weekly Ceiling" number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment. RELEASE OF BORROWER. BXXXXX OUTDOOR ADVERTISING & TRAVEL CENTERS INCORPORATED is hereby released as referred to in Sections 303.002 and 303.003 a Borrower of the Texas Finance Codeabove described Existing Indebtedness under the Promissory Note dated November 10, 2000 between BXXXXX TRAVEL CENTERS, INC., BXXXXX OUTDOOR ADVERTISING & TRAVEL CENTERS INCORPORATED and FIRST SECURITY BANK. INTEREST CALCULATION METHOD. Interest on this loan As a result, such party is computed on a 365/360 basis; released from all contractual duties, obligations and liability that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, they may have had as the case may be. All interest payable under this loan is computed using this methodBorrower.

Appears in 1 contract

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

VARIABLE INTEREST RATE. The interest rate on the this loan Note is subject to change from time to time based on changes in an independent index which is the Wall Street Journal Prime Rate the highest quoted prime rate as published in the "Money Rates" table in the money rate section of “The Wall Street Journal from time to time Journal” (the "Index"). The Index index is not necessarily the lowest rate charged by Lender on its loans. If the Index index becomes unavailable during the term loan of this loan, Lender Xxxxxx may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index index rate upon Borrower's Xxxxxxxx’s request. The interest rate change will not occur more often than each day5 years beginning other the fixed rate interest only period and the initial fixed rate period of the amortizing form. Borrower understands that Lender may make loans based on other the rates as well. The Index index currently is 4.7503.250% per Loan No: 310036 CHANGE IN TERMS AGREEMENT (Continued) Page 2 annum. Interest prior The interest rate or rates to maturity on be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the “Payment” section Notwithstanding any other provision of this loan Note, after the first payment stream, the interest rate for each subsequent payment stream will be calculated affective as described of the due date of the last payment in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.500% per annum based on a year of 360 daysjust-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan Note be less than 4.250% per annum or more than (except for any higher default rate or Post Maturity Rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law. For purposes Whenever increases occur in the interest rate, Lender, at its option, may do one or more of this Agreement, the "maximum rate allowed by applicable law" means the greater of following: (A) the maximum rate of interest permitted under federal or other law applicable increase Borrower’s payments to the indebtedness evidenced ensure Borrower’s loan will pay off by this Agreement, or its original final maturity rate. (B) increase Borrower’s payment to cover accruing interest. (C) increase the "Weekly Ceiling" as referred to in Sections 303.002 number of Borrower’s payments and 303.003 (D) continue Borrower’s payments of the Texas Finance Codesame amount and increase Borrower’s final payment. INTEREST CALCULATION METHOD. Interest on ors this loan is Note la computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding, unless such calculation would result in a usurious rate, in which case interest shall be calculated on a per diem basis of a year of 365 or 366 days, as the case may be. All interest payable under this loan Note is computed using this method.

Appears in 1 contract

Samples: Business Loan Agreement (First Light Bancorp)

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