Laserfiche WebLink
LIBOR is to be determined as provided in the definition of "LIBOR" in this Note or (ii) any <br /> category of extensions of credit or other assets that includes loans accruing interest at a LIBOR- <br /> Based rate. Each determination by Issuer of a Reserve Requirement, in the absence of manifest <br /> error, shall be conclusive and binding. <br /> "Repairs" shall mean the non-critical repairs and critical repairs required to be completed <br /> pursuant to that certain Escrow Agreement for Deferred Repairs dated <br /> 20 , executed by and between Borrower and Merchants Capital. <br /> The meanings given to a term defined herein shall apply equally to the singular and plural forms <br /> thereof <br /> 2. Interest Rate. <br /> 2.1 Computation of Interest. The principal balance of this Note from time to <br /> time outstanding shall bear interest at the Construction Rate unless and except to the <br /> extent that the Default Rate is applicable in accordance with the terms and provisions of <br /> this Note. <br /> 2.2 Application of Default Rate of Interest. Notwithstanding anything <br /> expressed or implied herein to the contrary, the principal balance of this Note from time <br /> to time outstanding shall bear interest at the Default Rate during the following times: (i) <br /> during any period in which an Event of Default exists hereunder, and (ii) from and after <br /> the Maturity Date. <br /> 2.3 360 Day Year. Interest shall be calculated daily on the basis of a 360-day <br /> year applied to the actual number of days in each interest-payment period. <br /> 2.4 Limited to Maximum Rate. Notwithstanding anything expressed or <br /> implied herein to the contrary, if at any time the Applicable Rate exceeds the Maximum <br /> Rate, then the rate of interest on this Note shall be limited to the Maximum Rate, but any <br /> subsequent reduction in the Applicable Rate shall not reduce the rate of interest on this <br /> Note below the Maximum Rate until the total amount of interest accrued on this Note <br /> equals the amount of interest which would have accrued if the Applicable Rate had at all <br /> times been in effect. <br /> 2.5 Use of Prime Equivalent Rate. If, with respect to any LIBOR Interest <br /> Period, Issuer determines (which determination, in the absence of manifest error, shall be <br /> conclusive and binding) that: <br /> (a) for any reason, Issuer is unable, through its customary general practices, to <br /> obtain a quote offered by prime banks in the Interbank Eurodollar market in London, <br /> England, for deposits in U.S. dollars in the appropriate amounts for the appropriate <br /> period; or <br /> (b) for any reason, it is impracticable, unlawful or impossible for Issuer to <br /> utilize LIBOR for setting the interest rate from time to time in effect under this Note; <br /> 5 <br />