RE: Decent content12 Sep 2022 17:14
Jefff
If only it were THAT simple. I read about the 20% but ...
Section 2.10 Interest
(a) Rate of Interest.
(i) [Reserved].
(ii) Subject to the terms and conditions set forth in this Agreement, at the option of Holdings, all Loans shall be made as Base Rate Loans or Term SOFR Loans; provided, however, that all such Loans shall be made as Base Rate Loans unless, subject to Section 2.14 (Special Provisions Governing Term SOFR Loans), the Notice of Borrowing specifies that all or a portion thereof shall be Term SOFR Loans, as the case may be. All Loans shall bear interest on the unpaid principal amount thereof from the date such Loans are made (including through funding into the Funding Account) until paid in full, except as otherwise provided in Section 2.10(d) below, as follows: (A) if a Base Rate Loan, at a rate per annum equal to the sum of (A) the Base Rate as in effect from time to time plus (B) the Applicable Margin; and (B) if a Term SOFR Loan, at a rate per annum equal to the sum of (A) Term SOFR determined for the applicable Interest Period plus (B) the Applicable Margin in effect from time to time during such Interest Period.
(b) Interest Payments on Loans.
(i) Interest accrued on each Base Rate Loan shall be payable in arrears (A) on the last Business Day of each March, June, September and December, commencing on the first such day following the making of such Base Rate Loan, (B) in the case of Base Rate Loans, upon the payment or prepayment thereof in full or in part on the principal amount paid or prepaid and (C) if not previously paid in full, at maturity (whether by acceleration or otherwise) of such Loan and
(ii) interest accrued on each Term SOFR Loan shall be payable in arrears (A) on the last day of each Interest Period applicable to such Loan, (B) upon the payment or prepayment thereof in full or in part on the principal amount paid or prepaid and (C) if not previously paid in full, at maturity (whether by acceleration or otherwise) of such Loan.
(c) [Reserved].
(d) Default Interest. Upon the occurrence and during the continuance of any Event of Default, upon notification by the Administrative Agent (acting at the direction of the Requisite Lenders) to the Borrower, all outstanding Obligations shall bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate and thereafter such Obligations shall bear interest at the Default Rate to the fullest extent permitted by applicable laws and without further
notice, motion or application to, or hearing before, or order from, the Bankruptcy Court.
[**extracted from DIP page 57**]
D4E provisions might be detailed in Schedule III under Collateral Documents but they are not attached to the DIP.