Grouped Into 21 Collections of Similar Clauses From Business Contracts
This page contains Payments of Principal clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Payments of Principal. Unless converted as provided in Section 3, on the Maturity Date, the Company shall pay to the Holder an amount in in cash representing all outstanding Principal, a premium of $33,000.00 and accrued and unpaid Interest. Other than as specifically permitted by this Note, the Company may not prepay any portion of the outstanding Principal, or accrued and unpaid Interest.
Payments of Principal. Unless converted as provided in Section 3, on the Maturity Date, the Company shall pay to the Holder an amount in in cash representing all outstanding Principal, a premium of $33,000.00 $133,000.00 and accrued and unpaid Interest. Other than as specifically permitted by this Note, the Company may not prepay any portion of the outstanding Principal, or accrued and unpaid Interest.
Payments of Principal. The principal amount of this Note (the "Principal"), together with all unpaid Interest (as defined below) thereon, shall be due and payable as follows: (a) $5,000,000, plus all accrued interest thereon, due in full on the 90th calendar day following the Closing Date (the "Initial Maturity"); and (b) $5,000,000, plus all accrued interest thereon, due in full on the later of (i) the 180th calendar day following the Closing Date and (ii) such date when the MoviePass Common Stock becomes listed on a...ny of the Nasdaq Capital Market, the Nasdaq Global Market, the Nasdaq Global Select Market or the New York Stock Exchange (the "Listing Maturity Date" and together with the Initial Maturity Date, collectively, the "Maturity Dates" and each, a "Maturity Date"). Payment shall be made at such place as MoviePass may designate. All payments when made to MoviePass shall be paid in the lawful money of the United States of America in immediately available funds. Helios hereby waives presentment, notice of dishonor and protest in respect hereof. No interest or other amount shall be payable in excess of the maximum permissible rate under applicable law, and any interest or other amount which is paid in excess of such maximum rate shall be deemed to be a payment of principal hereunder.View More
Payments of Principal. The principal amount of this Note (the "Principal"), together with all unpaid Interest (as defined below) thereon, shall be due and payable as follows: (a) $5,000,000, plus all accrued interest thereon, due in full on the 90th calendar day following the Closing Date (the "Initial Maturity"); and (b) $5,000,000, plus all accrued interest thereon, due in full on the later of (i) the 180th calendar day following the Closing Date and (ii) such date when the MoviePass Common Stock becomes listed on a...ny of the Nasdaq Capital Market, the Nasdaq Global Market, the Nasdaq Global Select Market or the New York Stock Exchange (the "Listing Maturity Date" and together with the Initial Maturity Date, collectively, the "Maturity Dates" and each, a "Maturity Date"). Payment shall be made at such place as MoviePass may designate. All payments when made to MoviePass shall be paid in the lawful money of the United States of America in immediately available funds. Helios hereby waives presentment, notice of dishonor and protest in respect hereof. No interest or other amount shall be payable in excess of the maximum permissible rate under applicable law, and any interest or other amount which is paid in excess of such maximum rate shall be deemed to be a payment of principal hereunder. View More
Payments of Principal. Principal on the Note shall be repaid based on a schedule of: (a) $3,000 to be repaid on each of the fourth month, fifth month and six month anniversaries of Issuance Date; (b) $10,000 to be repaid on each of the seventh month, eighth month, ninth month, tenth month and eleventh month anniversaries of Issuance Date; and (c) repayment of the remaining balance inclusive of OID of $10,000 and fixed interest of $8,000, to be repaid on the twelve month anniversary of the Issuance Date (the "Maturity ...Date"), if not sooner paid.View More
Payments of Principal. Principal on the Note shall be repaid based on a schedule of: (a) $3,000 $4,500 to be repaid on each of the fourth month, fifth month and six month anniversaries of Issuance Date; (b) $10,000 $15,000 to be repaid on each of the seventh month, eighth month, ninth month, tenth month and eleventh month anniversaries of Issuance Date; and (c) repayment of the remaining balance inclusive of OID of $10,000 $15,000 and fixed interest of $8,000, $12,000, to be repaid on the twelve month anniversary of t...he Issuance Date (the "Maturity Date"), if not sooner paid. View More
Payments of Principal. Subject to the restrictions and limitations provided herein and in the Intercreditor Agreement, all outstanding principal and accrued interest shall be due and payable in full on November 29, 2017, unless due sooner pursuant to the terms hereof (the "Maturity Date").
Payments of Principal. Subject to the restrictions and limitations provided herein and in the Intercreditor Agreement, all outstanding principal and accrued interest shall be due and payable in full on November 29, 2017, July 19, 2018, unless due sooner pursuant to the terms hereof (the "Maturity Date").
Payments of Principal. Subject to the conversion of the Principal and accrued and unpaid Interest (as defined below) into Conversion Shares pursuant to Section 8 hereof, on the Maturity Date, the Company shall pay to the Holder an amount in cash representing all outstanding Principal, accrued and unpaid Interest. The "Maturity Date" shall be August 30, 2021. At any time the Company may prepay any portion or all of the outstanding Principal amount of this Note and any accrued and unpaid Interest.
Payments of Principal. Subject to the conversion of the Principal and accrued and unpaid Interest (as defined below) into Conversion Shares pursuant to Section 8 hereof, on the Maturity Date, the Company shall pay to the Holder an amount in cash representing all outstanding Principal, accrued and unpaid Interest. The "Maturity Date" shall be August 30, November 28, 2021. At any time the Company may prepay any portion or all of the outstanding Principal amount of this Note and any accrued and unpaid Interest.
Payments of Principal. Unless previously prepaid, redeemed, or converted as provided herein, on the Maturity Date, the Issuer shall pay to the Holder an amount in cash representing all outstanding Principal and accrued and unpaid Interest. The "Maturity Date" shall mean December 31, 2027, as such date may be extended at the option of the Holder. Other than as specifically permitted by this JSC Note, the Issuer may not prepay any portion of the outstanding Principal or accrued and unpaid Interest. (a) Securities Contra...ct. The Issuer and the Holder hereby acknowledge and agree that the Note Purchase Agreement is a "securities contract" as defined in 11 U.S.C. § 741 and that the Holder shall have all rights in respect of this JSC Note and the Note Purchase Agreement as are set forth in 11 U.S.C. § 555 and 11 U.S.C. § 362(b)(6), which are hereby incorporated in this JSC Note and made a part hereof as if such provisions were set forth herein. 1 JSC Note J-2 was issued in an aggregate principal amount of $17,570,000 and is otherwise identical in form to JSC Note J-1. 2 (b) Order of Conversion and/or Redemption. Notwithstanding anything herein to the contrary (but subject to the terms of each Intercreditor Agreement), with respect to any partial conversion or redemption hereunder, as applicable, the Issuer shall convert or redeem, as applicable, First, all accrued and unpaid Interest hereunder and under any Other Notes constituting JSC Notes or Management JSC Notes held by such Holder; Second, all other amounts owed (other than Principal) hereunder and under any Other Notes constituting JSC Notes or Management JSC Notes held by such Holder; and Third, all Principal outstanding hereunder and under any Other Notes constituting JSC Notes or Management JSC Notes held by such Holder, in each case, immediately prior to any such conversion or redemption, as applicable, in each case, allocated pro rata among this JSC Note and such Other Notes constituting JSC Notes or Management JSC Notes held by such Holder.View More
Payments of Principal. Unless previously prepaid, redeemed, or converted as provided herein, on the Maturity Date, the Issuer shall pay to the Holder an amount in cash representing all outstanding Principal and accrued and unpaid Interest. The "Maturity Date" shall mean December 31, 2027, as such date may be extended at the option of the Holder. Other than as specifically permitted by this Management JSC Note, the Issuer may not prepay any portion of the outstanding Principal or accrued and unpaid Interest. 1 The aggr...egate principal amount of the Management JSC Notes issued to each of the 11 purchasers is set forth in Schedule I to the Amended and Restated Note Purchase Agreement, dated as of September 20, 2022, filed as Exhibit 10.1 to this Current Report on Form 8-K. 2 (a) Securities Contract. The Issuer and the Holder hereby acknowledge and agree that the Note Purchase Agreement is a "securities contract" as defined in 11 U.S.C. § 741 and that the Holder shall have all rights in respect of this Management JSC Note and the Note Purchase Agreement as are set forth in 11 U.S.C. § 555 and 11 U.S.C. § 362(b)(6), which are hereby incorporated in this Management JSC Note and made a part hereof as if such provisions were set forth herein. 1 JSC Note J-2 was issued in an aggregate principal amount of $17,570,000 and is otherwise identical in form to JSC Note J-1. 2 (b) Order of Conversion and/or Redemption. Notwithstanding anything herein to the contrary (but subject to the terms of each Intercreditor Agreement), with respect to any partial conversion or redemption hereunder, as applicable, the Issuer shall convert or redeem, as applicable, First, all accrued and unpaid Interest hereunder and under any Other Notes constituting JSC Notes or Management JSC Notes held by such Holder; Second, all other amounts owed (other than Principal) hereunder and under any Other Notes constituting JSC Notes or Management JSC Notes held by such Holder; and Third, all Principal outstanding hereunder and under any Other Notes constituting JSC Notes or Management JSC Notes held by such Holder, in each case, immediately prior to any such conversion or redemption, as applicable, in each case, allocated pro rata among this Management JSC Note and such Other Notes constituting JSC Notes or Management JSC Notes held by such Holder. View More
Payments of Principal. (a) On each Installment Date following the expiration of the Interest Only Period, the Company shall pay to the Holder an amount equal to the Installment Amount due on such Installment Date subject to the terms of this Note, including Section 8. On the Maturity Date, the Company shall pay to the Holder an amount in cash representing all outstanding Principal, accrued and unpaid Interest and accrued and unpaid Late Charges (as defined below) on such Principal and Interest. Other than as specifica...lly permitted by this Note, the Company may not prepay any portion of the outstanding Principal, accrued and unpaid Interest or accrued and unpaid Late Charges on Principal and Interest, if any. Notwithstanding anything herein to the contrary, with respect to any repayment or redemption hereunder, as applicable, the Company shall repay or redeem, as applicable, First, all accrued and unpaid Interest hereunder and under any other Notes held by such Holder, Second, all accrued and unpaid Late Charges on any Principal and Interest hereunder and under any other Notes held by such Holder, Third, all other amounts (other than Principal) outstanding under any other Notes held by such Holder and, Fourth, all Principal outstanding hereunder and under any other Notes held by such Holder, in each case, allocated pro rata among this Note and such other Notes held by such Holder. (b) Subject to the provisions of this Section 1(b), the Company may, at any time, deliver a notice to the Holder (a "Prepayment Notice" and the date such notice is deemed delivered hereunder, the "Prepayment Notice Date") of its irrevocable election to prepay all or a portion of the then outstanding principal amount of this Note for cash in an amount equal to the sum of (i) entire outstanding principal balance of this Note or the applicable portion thereof, (ii) all accrued and unpaid interest hereunder, (iii) the applicable Minimum Interest Amount and (iv) all other amounts due and payable hereunder and under the other Transaction Documents (the "Prepayment Amount") on the 30th Trading Day following the Prepayment Notice Date (such date, the "Prepayment Date"). The Prepayment Amount shall be due and payable in full in cash (by wire transfer of immediately available funds to the account of the Holder) on the Prepayment Date. The Company will, concurrently with the delivery of the Prepayment Notice to the Holder, publicly announce that it has delivered a Prepayment Notice to the Holder and that the Company intends to pay the Prepayment Amount to the Holder on the Prepayment Date by means of press release and filing of a Current Report on Form 8-K. If any portion of the Prepayment Amount shall not be paid by the Company to the Holder by the Prepayment Date, interest shall accrue thereon at an interest rate equal to the lesser of 24% per annum or the maximum rate permitted by applicable law until such amount is paid in full. For clarity, the Company's failure to pay all or a portion of the Prepayment Amount on the Prepayment Date shall be an immediate Event of Default hereunder unless waived in writing by the Holder.View More
Payments of Principal. (a) On each Installment Date Date, following the expiration of the Interest Only Period, the Company shall pay to the Holder an amount equal to the Installment Amount due on such Installment Date subject to the terms of this Note, including Section 8. On the Maturity Date, the Company shall pay to the Holder an amount in cash representing all outstanding Principal, accrued and unpaid Interest and accrued and unpaid Late Charges (as defined below) in Section 26(c)) on such Principal and Interest.... Other than as specifically permitted by this Note, the Company may not prepay any portion of the outstanding Principal, accrued and unpaid Interest or accrued and unpaid Late Charges on Principal and Interest, if any. Notwithstanding anything herein to the contrary, with respect to any repayment or redemption hereunder, as applicable, the Company shall repay or redeem, as applicable, First, all accrued and unpaid Interest hereunder and under any other Notes held by such Holder, hereunder, Second, all accrued and unpaid Late Charges on any Principal and Interest hereunder and under any other Notes held by such Holder, hereunder, Third, all other amounts (other than Principal) outstanding under any other Notes held by such Holder and, Fourth, all Principal outstanding hereunder and under any other Notes held by such Holder, in each case, allocated pro rata among this Note and such other Notes held by such Holder. hereunder. (b) Subject to the provisions of this Section 1(b), 2(b), the Company may, at any time, deliver a notice to the Holder (a "Prepayment Notice" and the date such notice is deemed delivered hereunder, the "Prepayment Notice Date") of its irrevocable election to prepay all or a portion of the then outstanding principal amount of this Note for cash in an amount equal to the sum of (i) entire outstanding principal balance of this Note or the applicable portion thereof, (ii) all accrued and unpaid interest hereunder, (iii) the applicable Minimum Interest Amount and (iv) all other amounts due and payable hereunder and under the other Transaction Documents (the "Prepayment Amount") on the 30th Trading Business Day following the Prepayment Notice Date (such date, the "Prepayment Date"). The Prepayment Amount shall be due and payable in full in cash (by wire transfer of immediately available funds to the account of the Holder) on the Prepayment Date. The Company will, concurrently with the delivery of the Prepayment Notice to the Holder, publicly announce that it has delivered a Prepayment Notice to the Holder and that the Company intends to pay the Prepayment Amount to the Holder on the Prepayment Date by means of press release and filing of a Current Report on Form 8-K. If any portion of the Prepayment Amount shall not be paid by the Company to the Holder by the Prepayment Date, interest shall accrue thereon at an interest rate equal to the lesser of 24% per annum or the maximum rate permitted by applicable law until such amount is paid in full. For clarity, the Company's failure to pay all or a portion of the Prepayment Amount on the Prepayment Date shall be an immediate Event of Default hereunder unless waived in writing by the Holder. hereunder. View More
Payments of Principal. On the Maturity Date, the Company shall pay to the Holder an amount in cash representing all outstanding Principal, accrued and unpaid Interest and accrued and unpaid Late Charges on such Principal and Interest. Other than as specifically permitted by this Note, the Company may not prepay any portion of the outstanding Principal, accrued and unpaid Interest or accrued and unpaid Late Charges on Principal and Interest, if any. 1 2. INTEREST; INTEREST RATE. (a) Interest on this Note shall commence... accruing on the Issuance Date at 6% per annum (the "Interest Rate"), shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable by the Company to the Holder in cash, within seven days of the end of each calendar quarter while this Note remains outstanding (each, a "Scheduled Interest Payment Date"). All accrued and unpaid Interest not otherwise paid on a Scheduled Interest Payment Date shall be due on the Maturity Date as set forth in Section 1 hereof. (b) From and after the occurrence and during the continuance of any Event of Default, the Interest Rate shall automatically be increased to 15.0% per annum or the highest amount permitted by law, shall compound monthly, and shall be due and payable on the first Trading Day of each calendar month during the continuance of such Event of Default (a "Default Interest Payment Date"). In the event that such Event of Default is subsequently cured (and no other Event of Default then exists (including, without limitation, for the Company's failure to pay such Interest at the Default Rate on the applicable Default Interest Payment Date), the adjustment referred to in the preceding sentence shall cease to be effective as of the day immediately following the date of such cure; provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default.View More
Payments of Principal. On the Maturity Date, the Company shall pay to the Holder an amount in cash representing 100% of all outstanding Principal, accrued and unpaid Interest and accrued and unpaid Late Charges (as defined in Section 19(c)) on such Principal and Interest. Other than as specifically permitted by this Note, the Company may not prepay any portion of the outstanding Principal, accrued and unpaid Interest or accrued and unpaid Late Charges on Principal and Interest, if any. 1 Insert for Exchange November N...ote: November 7, 2017 Insert for Exchange January Note: January 23, 2018 2. INTEREST; INTEREST RATE. (a) Interest on this Note shall commence accruing on the Issuance Exchange Date at 6% per annum (the "Interest Rate"), and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in arrears on April 1, 2019 and, thereafter, with respect to any given calendar quarter, the first Trading Day of such calendar quarter (each, an "Interest Date"). Interest shall capitalize on each Interest Date by adding the Company accrued Interest to the Holder in cash, within seven days then outstanding Principal of the end of each calendar quarter while this Note remains outstanding (each, a "Scheduled ("Capitalized Interest"). (b) Prior to the capitalization of Interest Payment Date"). All accrued on an Interest Date, Interest on this Note shall accrue at the Interest Rate and unpaid Interest not otherwise paid on a Scheduled Interest Payment Date shall be due on the Maturity Date as set forth payable upon any redemption in accordance with Section 1 hereof. (b) 9 or any required payment upon any Bankruptcy Event of Default. From and after the occurrence and during the continuance of any Event of Default, the Interest Rate shall automatically be increased to 15.0% per annum or the highest amount permitted by law, shall compound monthly, and shall be due and payable on the first Trading Day of each calendar month during the continuance of such Event of Default (a "Default Interest Payment Date"). Rate. In the event that such Event of Default is subsequently cured (and no other Event of Default then exists (including, without limitation, for the Company's failure to pay such Interest at the Default Rate on the applicable Default Interest Payment Date), Date)), the adjustment referred to in the preceding sentence shall cease to be effective as of the calendar day immediately following the date of such cure; provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default. View More
Payments of Principal. The principal amount of this Note (the "Principal"), together with all unpaid interest accrued thereon and any other Obligations payable hereunder, shall be due and payable in full upon March __, 2060 (the "Maturity Date"); provided, that the Maturity Date shall be automatically extended by one (1) calendar day for each calendar day after March __, 2021 (the "Scheduled Note Maturity Date"), if any, that all, or any part, of the Note remains outstanding.
Payments of Principal. The principal amount of this Note (the "Principal"), together with all unpaid interest accrued thereon and any other Obligations payable hereunder, shall be due and payable in full upon March June __, 2060 (the "Maturity Date"); provided, that the Maturity Date shall be automatically extended by one (1) calendar day for each calendar day after March June __, 2021 2020 (the "Scheduled Note Maturity Date"), if any, that all, or any part, of the Note remains outstanding.
Payments of Principal. 1.1 Scheduled Payments. On March 31, June 30, September 30 and December 31 of each calendar year, commencing September 30, 2020, the Company shall pay to the Holder an amount in cash equal to (A) x [(B)/(C)] where (A) equals $5,000,000, (B) equals the Principal amount of this Note and (C) equals the aggregate Principal amount of all Notes ("Scheduled Principal Payments"). 1.2 Mandatory Prepayments. (a) The foregoing notwithstanding, the Company shall prepay the Principal to the Holder within fiv...e (5) Business Days after the closing of any Sale in the amounts and proportions contemplated in the Intercreditor Agreement, which shall reflect the preferences and allocations set forth in Section 2.8(a) of the CoBank ICP Credit Agreement (as in effect on the date hereof without giving effect to any subsequent amendment or supplement thereto); or on the same basis as the foregoing in the event a Sale occurs prior to the signing of the Intercreditor Agreement. (b) The foregoing notwithstanding, the Company shall prepay the Principal to the Holder within five (5) Business Days after, by using excess proceeds from, the refinancing of (i) a portion of the CoBank Debt in the same manner as sales proceeds are treated under Section 1.2(a) above; and (ii) all of the CoBank Debt in an amount equal to fifty percent (50%) of any excess proceeds from such refinancing. All mandatory prepayments so made shall be applied to the Scheduled Principal Payments in the direct order of maturity. Each mandatory prepayment shall be paid together with accrued and unpaid Interest on such Principal. 1.3 Voluntary Prepayments. The Company may, at its sole option, at any time prior to the Maturity Date, prepay this Note, in whole or in part, on one (1) Business Day's prior written notice to the Holder, at a prepayment price equal to 102% of the amount of outstanding Principal so to be prepaid, together with accrued and unpaid Interest on such Principal, if any, through the date of such prepayment (collectively, the "Prepayment Premium"). For the avoidance of doubt, neither the Scheduled Principal Payments nor any mandatory prepayment shall be subject to the Prepayment Premium. 1.4 Payment on Maturity Date. On the Maturity Date, the Company shall pay to the Holder an amount in cash representing all outstanding Principal, together with all accrued and unpaid Interest and accrued and all other unpaid amounts hereunder. 1.5 Pro Rata Application. Any principal payments made pursuant to this Section 1 shall be applied pro rata to all of the Notes in accordance with the respective Principal amounts thereof. 2 2. PAYMENTS OF INTEREST; INTEREST RATE. Interest on this Note shall accrue at the applicable Interest Rate and shall commence accruing on the Issuance Date and Interest shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in cash to the record Holder in arrears on March 15, June 15, September 15 and December 15 of each calendar year and ending on the repayment of the Note. All Interest paid with the respect to Holder's Existing Note (which this Note amends and restates) prior to the Amendment Date shall be credited for purposes of determining the Interest due under this Note and all accrued and unpaid Interest outstanding under the Holder's Existing Note immediately prior to the Amendment Date shall be accrued and unpaid Interest outstanding under this Note as of the Amendment Date. From and after the occurrence and during the continuance of any Event of Default, the applicable Interest Rate shall automatically be increased by two percent (2%) per annum above the Interest Rate otherwise applicable in accordance with the terms hereof, and all such interest shall be payable on demand. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default. Any payments made pursuant to this Section 2 shall be applied pro rata to the Notes in accordance with the respective Principal amounts thereof.View More
Payments of Principal. 1.1 Scheduled Payments. On March 31, June 30, September 30 and December 31 of each calendar year, commencing September 30, 2020, the Maturity Date, the Company shall pay to the Holder an amount in cash equal to (A) x [(B)/(C)] where (A) equals $5,000,000, (B) equals the Principal amount of this Note and (C) equals the aggregate Principal amount of representing all Notes ("Scheduled Principal Payments"). 1.2 Mandatory Prepayments. (a) The foregoing notwithstanding, the Company shall prepay the Pr...incipal to the Holder within five (5) Business Days after the closing of any Sale in the amounts and proportions contemplated in the Intercreditor Agreement, which shall reflect the preferences and allocations set forth in Section 2.8(a) of the CoBank ICP Credit Agreement (as in effect on the date hereof without giving effect to any subsequent amendment or supplement thereto); or on the same basis as the foregoing in the event a Sale occurs prior to the signing of the Intercreditor Agreement. (b) The foregoing notwithstanding, the Company shall prepay the Principal to the Holder within five (5) Business Days after, by using excess proceeds from, the refinancing of (i) a portion of the CoBank Debt in the same manner as sales proceeds are treated under Section 1.2(a) above; and (ii) outstanding Principal, all of the CoBank Debt in an amount equal to fifty percent (50%) of any excess proceeds from such refinancing. All mandatory prepayments so made shall be applied to the Scheduled Principal Payments in the direct order of maturity. Each mandatory prepayment shall be paid together with accrued and unpaid Interest on and accrued and all other unpaid amounts hereunder. Any such Principal. 1.3 Voluntary Prepayments. payment shall be applied pro rata to the Note and the Other Notes in accordance with the respective Principal amounts thereof. 1.2 The Company may, at its sole option, at any time prior to the Maturity Date, prepay this Note, without premium or penalty, in whole or in part, on one (1) Business Day's prior written notice to the Holder, at a prepayment price equal to 102% of the amount of outstanding Principal so to be prepaid, together with accrued and unpaid Interest on such Principal, if any, through the date of such prepayment (collectively, the "Prepayment Premium"). For the avoidance of doubt, neither the Scheduled Principal Payments nor any mandatory prepayment shall be subject to the Prepayment Premium. 1.4 Payment on Maturity Date. On the Maturity Date, the Company shall pay to the Holder an amount in cash representing all outstanding Principal, together with all accrued and unpaid Interest and accrued and all other unpaid amounts hereunder. 1.5 Pro Rata Application. prepayment. Any principal payments made pursuant to this Section 1 such payment shall be applied pro rata to all of the Note and the Other Notes in accordance with the respective Principal amounts thereof. 1 2. 2. PAYMENTS OF INTEREST; INTEREST RATE. Interest on this Note shall accrue at the applicable Interest Rate and shall commence accruing on the Issuance Date and Interest shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in cash to the record Holder in arrears on March 15, June 15, September 15 and December 15 of each calendar year year, beginning with March 15, 2017 and ending on the repayment of the Note. All Interest paid with the respect to Holder's Existing Note (which this Note amends and restates) prior to the Amendment Date shall be credited for purposes of determining the Interest due under this Note and all accrued and unpaid Interest outstanding under the Holder's Existing Note immediately prior to the Amendment Date shall be accrued and unpaid Interest outstanding under this Note as of the Amendment Date. From and after the occurrence and during the continuance of any Event of Default, the applicable Interest Rate shall automatically be increased by two percent (2%) per annum above the Interest Rate otherwise applicable in accordance with the terms hereof, and all such interest shall be payable on demand. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default. Any payments made pursuant to this Section 2 shall be applied pro rata to the Notes in accordance with the respective Principal amounts thereof.View More
