Common use of Applicable Interest Limitations Clause in Contracts

Applicable Interest Limitations. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has charged or received interest hereunder in excess of the highest applicable rate, Lender shall, in its sole discretion, apply and set off such excess interest received by Lender against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 12 contracts

Samples: Credit Agreement (Enzo Biochem Inc), Credit Agreement (Assisted 4 Living, Inc.), Credit Agreement (Adcare Health Systems, Inc)

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Applicable Interest Limitations. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has Lenders have charged or received interest hereunder in excess of the highest applicable rate, Lender shallAgent, on behalf of Lenders, shall in its sole discretion, apply and set off such excess interest received by Lender Lenders against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 6 contracts

Samples: Loan and Security Agreement (Resource America Inc), Loan and Security Agreement (Resource America Inc), Loan and Security Agreement (Ecc International Corp)

Applicable Interest Limitations. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has the Lenders have charged or received interest hereunder in excess of the highest applicable rate, Lender shall, in its sole discretion, the Lenders shall apply and set off such excess interest received by Lender the Lenders against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 2 contracts

Samples: Loan Agreement (CSS Industries Inc), Loan Agreement (CSS Industries Inc)

Applicable Interest Limitations. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has charged or received interest hereunder in excess of the highest applicable rate, Lender shall, shall in its sole discretion, apply and set off such excess interest received by Lender against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 2 contracts

Samples: Loan and Security Agreement (Staff Builders Inc /De/), Loan and Security Agreement (Pia Merchandising Services Inc)

Applicable Interest Limitations. In no contingency or event ------------------------------- whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has charged or received interest hereunder in excess of the highest applicable rate, Lender shallshall apply, in its sole discretion, apply and set off such excess interest received by Lender against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 1 contract

Samples: Loan and Security Agreement (Opinion Research Corp)

Applicable Interest Limitations. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement or the Term Note exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has charged or received interest hereunder in excess of the highest applicable rate, Lender shall, in its sole discretion, shall apply and set off such excess interest received by Lender against other Obligations obligations and liabilities due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Photomedex Inc)

Applicable Interest Limitations. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has Banks have charged or received interest hereunder in excess of the highest applicable rate, Lender each Bank shall, in its sole discretion, apply and set off such excess interest received by Lender such Bank against other Obligations indebtedness due or to become due hereunder and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 1 contract

Samples: Credit Agreement (Hovnanian Enterprises Inc)

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Applicable Interest Limitations. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement Amendment exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has charged or received interest hereunder in excess of the highest applicable rate, Lender shall, shall in its sole discretion, discretion apply and set off such excess interest received by Lender against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 1 contract

Samples: Credit Agreement (Nco Group Inc)

Applicable Interest Limitations. In no contingency or event ------------------------------- whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has charged or received interest hereunder in excess of the highest applicable rate, Lender shall, shall in its sole discretion, apply and set off such excess interest received by Lender against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 1 contract

Samples: Loan and Security Agreement (Bankvest Capital Corp)

Applicable Interest Limitations. In no contingency or ------------------------------- event whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has charged or received interest hereunder in excess of the highest applicable rate, Lender shallshall apply, in its sole discretion, apply and set off such excess interest received by Lender against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 1 contract

Samples: Loan and Security Agreement (Opinion Research Corp)

Applicable Interest Limitations. In no contingency or event ------------------------------- whatsoever shall the aggregate of all amounts deemed interest hereunder and charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such court determines Lender has charged or received interest hereunder in excess of the highest applicable rate, Lender shall, in its sole discretion, apply and set off such excess interest received by Lender against other Obligations due or to become due and such rate shall automatically be reduced to the maximum rate permitted by such law.

Appears in 1 contract

Samples: Loan and Security Agreement (Telespectrum Worldwide Inc)

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