Common use of Canadian Maximum Rate of Interest Clause in Contracts

Canadian Maximum Rate of Interest. To the extent the Criminal Code (Canada) is applicable, notwithstanding anything contained herein to the contrary, the Canadian Borrower will not be obliged to make any payment of interest or other amounts payable to any Canadian Facility Lender hereunder in excess of the amount or rate that would be permitted by applicable law or would result in the receipt by the Canadian Facility Lenders of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)). If the making of any payment by the Canadian Borrower would result in a payment being made that is in excess of such amount or rate, the Canadian Facility Lenders will determine the payment or payments that are to be reduced or refunded, as the case may be, so that such result does not occur.

Canadian Maximum Rate of Interest. To the extent the Criminal Code (Canada) is applicable, notwithstanding anything contained herein to the contrary, the Canadian Borrower will not be obliged to make any payment of interest or other amounts payable to any Canadian Facility Lender hereunder in excess of the amount or rate that would be permitted by applicable law or would result in the receipt by the Canadian Facility Lenders of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)). If the making of any payment by the Canadian Borrower would result in a payment being made that is in excess of such amount or rate, the Canadian Facility Lenders will determine the payment or payments that are to be reduced or refunded, as the case may be, so that such result does not occur.