Common use of VARIABLE INTEREST RATE Clause in Contracts

VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the BOKF National Prime Rate, described as the rate of interest set by BOK Financial Corporation, in its sole discretion, on a daily basis as published by BOK Financial Corporation ("BOKF") from time to time (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest 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 4.000% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points under the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.250% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this Note be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis: that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method.

Appears in 1 contract

Samples: Monarch Cement Co

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VARIABLE INTEREST RATE. The interest rate Interest shall accrue on the balance of principal outstanding from time to time under this Note at an annual rate (the “LIBOR Rate”) that is equal to the Index (defined below) plus 5.100 percentage points, calculated on the basis of a 360-day year, for actual days elapsed (subject to the “Interest after Default” section below). The LIBOR Rate is subject to change from time to time on each Calculation Date (defined below) based on changes in an independent index which that is the BOKF National Prime Rate“Three –month” “London interbank offered rate, described as or Libor” (rounded upward, if necessary, to the rate nearest 1/100 of interest set by BOK Financial Corporation, in its sole discretion, on a daily basis 1%) as published by BOK Financial Corporation ("BOKF") from time to time in the “Borrowing Benchmarks” section of the Western Edition of The Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretionloans. 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 rate upon Borrower's ’s request. The interest rate change will On the date of this Note the LIBOR Rate shall be calculated by Lender and shall remain in effect to, but not occur more often than including, the next Payment Date. On each dayPayment Date, Lender shall recalculate the LIBOR Rate as of such Payment Date, and the LIBOR Rate as so recalculated shall become effective on such Payment Date and shall remain in effect to, but not including, the next Payment Date. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.000% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points under the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.250% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this Note be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rateLIBOR Rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's ’s payments to ensure Borrower's loan the Loan will pay off be paid in full by its original final maturity datethe Maturity Date as set forth above, (B) increase Borrower's ’s payments to cover accruing interest, (C) increase the number of Borrower's ’s payments, and (D) continue Borrower's ’s payments at the same amount and increase Borrower's ’s final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis: that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method.

Appears in 1 contract

Samples: First Amendment and Waiver Agreement (Belvedere SoCal)

VARIABLE INTEREST RATE. The interest rate on this Note loan is subject to change from time to time based on changes in an independent index which is the BOKF National "Prime Rate" is defined as the "Prime Rate" published in the "Money Rates" section of The Wall Street Journal on the applicable date or the highest "Prime Rate" if more than one is published, described as such rate may change from time to time. The rate per annum ("Adjustable Rate"), which is at all times equal to The Wall Street Journal Prime Rate. As used herein, "The Wall Street Journal Prime Rate" shall mean the rate of interest set by BOK Financial Corporation, in its sole discretion, on a daily basis as published in The Wall Street Journal (or other publication reasonably selected by BOK Financial Corporation ("BOKF") from time the Bank if The Wall Street Journal is not published). If and when The Wall Street Journal Prime Rate changes, the Adjustable Rate will change automatically without notice to time the Borrower, effective on the date of any such change. The Wall Street Journal Prime Rate does not necessarily reflect the lowest rate of interest actually charged by the Bank to any particular class or category of customers. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretionloans. 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 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 4.000% per annum. The interest rate to be applied to Interest on the unpaid principal balance of this Note loan will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points under equal to the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.250% per annum based on a year of 360 daysrounded up to the nearest 0.125 percent. NOTICE: Under no circumstances will the interest rate on this Note loan be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note loan is computed on a 365/360 basis: ; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note loan is computed using this method. This calculation method results in a higher effective interest rate than the numeric interest rate stated in the loan documents.

Appears in 1 contract

Samples: Loan Agreement (Charge Enterprises, Inc.)

VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the BOKF National Prime "Wall Street Journal LIBOR Rate", described as the which is a fluctuating rate of interest set by BOK Financial Corporation, in its sole discretion, on a daily basis equal to the three (3) month London interbank offered rate as published by BOK Financial Corporation (in the "BOKF") Money Rates" section of The Wall Street Journal on the immediately preceding business day as adjusted from time to time in Lender's sole discretion for then applicable reserve requirements, deposit insurance assessment rates and other regulatory costs (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretionloans. If the Index becomes unavailable during the term of this loanNote, Lender may designate a substitute Index after notifying notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.000% per annuminterest rate change will not occur more often than each date of such change in the Index. The interest rate applied to the unpaid balance of this Note shall be calculated by adding to the Index an applicable margin as further described in the Loan Agreement, which margin shall be at a per annum rate of either 1.50% or 2.00%, as further described in the Loan Agreement. Lender will tell Borrower the current Index upon Borrower's request. Upon demand for payment of this Note, the interest rate on this Note to be applied to the unpaid principal balance of this Note principal, unpaid accrued interest, costs and fees, to be applicable until paid in full, will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points under the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.250% per annum based on a year of 360 days. NOTICE: Under no circumstances will the highest interest rate on this Note be less than 3.000% per annum or more than the maximum rate allowed permitted by applicable law. Whenever increases occur in the The interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis: that isshall never be greater than an amount, which, if added to the amount of any discount, additional fees or charges paid by applying Borrower which constitutes interest under the ratio laws of the State of Florida, would cause the total amount of interest to exceed the maximum rate over a year of 360 daysinterest chargeable to the Borrower under such law. Lender agrees to refund, multiplied and Borrower agrees to accept refund of, any and all sums received hereunder by the outstanding principal balance, multiplied Lender which are determined usurious by the actual number any court of days the principal balance is outstanding. All interest payable under this Note is computed using this methodcompetent jurisdiction.

Appears in 1 contract

Samples: Loan Agreement (Powercerv Corp)

VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the BOKF National Prime Rate, described as the per annum rate of interest set by BOK Financial Corporation, in its sole discretion, on a daily basis as published by BOK Financial Corporation ("BOKF") from time to time announced by Lender at its main office as the “Prime Rate”, or as the case may be, the base, reference or other rate then in use for commercial loan reference purposes, not necessarily the lowest or even favored rate, which serves as the basis upon which effective rates of interest are calculated for those loans making reference thereto (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans 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 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 day. Rates of interest tied to the Index shall change with and be effective on the date of each change in the Index. The initial rate and the current Index described above are based on the information available as of the date of preparation of this note and is subject to change if there is any change in the Index between the note preparation date and the Loan Date and Date of Note recited above. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.000% per annum. The interest rate to be applied to Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points under equal to the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.250% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this Note be less than 3.0004.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis: ; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. This calculation method results in a higher effective interest rate than the numeric interest rate stated in this Note.

Appears in 1 contract

Samples: Business Loan Agreement (Torotel Inc)

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VARIABLE INTEREST RATE. The interest rate on this Note loan is subject to change from time to time based on changes in an independent index which is the BOKF National "Prime Rate" is defined as the "Prime Rate" published in the "Money Rates" section of The Wall Street Journal on the applicable date or the highest "Prime Rate" if more than one is published, described as such rate may change from time to time. The rate per annum ("Adjustable Rate"), which is at all times equal to The Wall Street Journal Prime Rate. As used herein, "The Wall Street Journal Prime Rate" shall mean the rate of interest set by BOK Financial Corporation, in its sole discretion, on a daily basis as published in The Wall Street Journal (or other publication reasonably selected by BOK Financial Corporation ("BOKF") from time the Bank if The Wall Street Journal is not published). If and when The Wall Street Journal Prime Rate changes, the Adjustable Rate will change automatically without notice to time the Borrower, effective on the date of any such change. The Wall Street Journal Prime Rate does not necessarily reflect the lowest rate of interest actually charged by the Bank to any particular class or category of customers. (the "Index"). ) The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretionloans. 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 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 4.000% per annum. The interest rate to be applied to well Interest on the unpaid principal balance of this Note loan will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 percentage points under equal to the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.250% per annum based on a year of 360 daysrounded up to the nearest 0.125 percent. NOTICE: Under no circumstances will the interest rate on this Note loan be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note loan is computed on a 365/360 basis: ; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note loan is computed using this method. This calculation method results in a higher effective interest rate than the numeric interest rate stated in the loan documents.

Appears in 1 contract

Samples: Loan Agreement (Charge Enterprises, Inc.)

VARIABLE INTEREST RATE. The interest rate on this Note loan is subject to change from time to time based on changes in an independent index which is the BOKF National "Prime Rate" is defined as the "Prime Rate" published in the "Money Rates" section of The Wall Street Journal on the applicable date or the highest "Prime Rate" if more than one is published, described as such rate may change from time to time. The rate per annum ("Adjustable Rate"), which is at all times equal to The Wall Street Journal Prime Rate. As used herein, "The Wall Street Journal Prime Rate" shall mean the rate of interest set by BOK Financial Corporation, in its sole discretion, on a daily basis as published in The Wall Street Journal (or other publication reasonably selected by BOK Financial Corporation ("BOKF") from time the Bank if The Wall Street Journal is not published). If and when The Wall Street Journal Prime Rate changes, the Adjustable Rate will change automatically without notice to time the Borrower, effective on the date of any such change. The Wall Street Journal Prime Rate does not necessarily reflect the lowest rate of interest actually charged by the Bank to any particular class or category of customers. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretionloans. 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 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 4.000% per annum. The interest rate to be applied to Interest on the unpaid principal balance of this Note loan will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 0.500 percentage points under over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 3.250% per annum based on a year of 360 daysrounded up to the nearest 0.125 percent. NOTICE: Under no circumstances will the interest rate on this Note loan be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note loan is computed on a 365/360 basis: ; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note loan is computed using this method. This calculation method results in a higher effective interest rate than the numeric interest rate stated in the loan documents.

Appears in 1 contract

Samples: Loan Agreement (Charge Enterprises, Inc.)

VARIABLE INTEREST RATE. The interest rate on this Note loan is subject to change from time to time based on changes in an independent index which is the BOKF National Prime Rateone (1) month London Interbank Offered Rate (LIBOR), described as of close of the rate first business day of interest set by BOK Financial Corporation, each month and published in its sole discretion, on a daily basis as published by BOK Financial Corporation ("BOKF") from time to time the ‘Money Rates’ section of the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans 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 Borrowerloans. 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 daymonth during the term of this Note, and will occur on the date which is one (1) month from the date of this Note and on the same date each month thereafter. The adjusted interest rate will be equal to the Index as of 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 4.0001.668% per annum. The interest rate to be applied to Interest on the unpaid principal balance of this Note loan will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.750 2.000 percentage points under over the Index, adjusted if necessary for any minimum and maximum rate limitations described belowIndex (the “Margin”), resulting in an initial rate of 3.2503.668% per annum based on annum. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term of this loan, Lender may amend this loan by designating a year substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of 360 daysthis loan will become effective and bind Borrower 10 business days after Xxxxxx gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this Note loan be less than 3.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note 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 daysyear, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note loan is computed using this method.. RATE INDEX DISCLOSURE. Notwithstanding anything herein to the contrary, in the event that Lender determines in its sole discretion, which determination shall be conclusive absent manifest error, that LIBOR:

Appears in 1 contract

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

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