Controlling Agreement. It is not the intention of Administrative Agent, the Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, and the Lenders.
Appears in 4 contracts
Samples: Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.), Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.), Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 SECTION 12 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Guarantor and Administrative Agent, and on behalf of the Lenders.
Appears in 3 contracts
Samples: Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Lender or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 13 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Guarantor and the LendersLender.
Appears in 3 contracts
Samples: Term Loan Agreement (Acadia Realty Trust), Guaranty Agreement (Interline Resources Corp), Guaranty Agreement (Tullys Coffee Corp)
Controlling Agreement. It is not the intention of Administrative Agent, the Agent or Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 12 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Guarantor and Administrative Agent, and the Agent or Lenders.
Appears in 2 contracts
Samples: Guaranty Agreement (Prospect Acquisition Corp), Guaranty Agreement (Prospect Acquisition Corp)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Lender or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 12 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Guarantor and the LendersLender.
Appears in 2 contracts
Samples: Guaranty Agreement (Tullys Coffee Corp), Guaranty Agreement (Tullys Coffee Corp)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Agent or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Guarantor and Administrative Agent, and the Lenders.
Appears in 2 contracts
Samples: Guaranty Agreement (MGM Mirage), Guaranty Agreement (MGM Mirage)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Agent or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 13 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Guarantor and Administrative Agent, and the Lenders.
Appears in 2 contracts
Samples: Construction Loan Agreement (FelCor Lodging Trust Inc), Guaranty Agreement (FelCor Lodging Trust Inc)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable lawLegal Requirements. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable lawLegal Requirements, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable lawLegal Requirements. The provisions of this Section 14 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Agent and the Lenders.
Appears in 2 contracts
Samples: Completion Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Unfunded Obligations Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 13 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Agent and the Lenders.
Appears in 2 contracts
Samples: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Lender or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable lawApplicable Law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable lawApplicable Law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable lawApplicable Law. The provisions of this Section 14 12 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Guarantor and the LendersLender.
Appears in 2 contracts
Samples: Recourse Carve Out Guaranty (American Realty Capital Trust III, Inc.), Recourse Guaranty (Moody National REIT I, Inc.)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Lender or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 12 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Guarantor and the LendersLender.
Appears in 1 contract
Controlling Agreement. It is not the intention of the Administrative Agent, the Lenders or the Guarantor to obligate the Guarantor to pay interest in excess of that lawfully permitted to be paid by the Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by the Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that the Guarantor, in the Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of the Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, the Guarantor and the Administrative Agent, and the Lenders.
Appears in 1 contract
Samples: Guaranty Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Agent or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 SECTION 13 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Guarantor and Administrative Agent, and the Lenders.
Appears in 1 contract
Samples: Guaranty Agreement (MGM Mirage)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Bank or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 13 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Guarantor and the LendersBank.
Appears in 1 contract
Samples: Credit Agreement (Plasma Therm Inc)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders GMAC-CM or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Guarantor and the LendersGMAC-CM.
Appears in 1 contract
Samples: Guaranty Agreement (Doubletree Corp)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 12 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Guarantor and Administrative Agent, and on behalf of the Lenders.
Appears in 1 contract
Samples: Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 13 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Guarantor and the Lenders. 16.
Appears in 1 contract
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 13 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Guarantor and Administrative Agent, and on behalf of the Lenders.
Appears in 1 contract
Samples: Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable law. The provisions of this Section 14 13 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Agent and the Lenders.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
Controlling Agreement. It is not the intention of Administrative Agent, the Agent or Lenders or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable law. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s capacity as guarantor, may lawfully be required to pay under applicable law, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so —permitted under applicable law. The provisions of this Section 14 shall 12 -shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Guarantor Administrative Agent, and the Agent or Lenders.
Appears in 1 contract
Controlling Agreement. It is not the intention of Administrative Agent, the Lenders Lender or Guarantor to obligate Guarantor to pay interest in excess of that lawfully permitted to be paid by Guarantor under applicable lawLaw. Should it be determined that any portion of the Guaranteed Obligations or any other amount payable by Guarantor under this Guaranty constitutes interest in excess of the maximum amount of interest that Guarantor, in Guarantor’s 's capacity as guarantor, may lawfully be required to pay under applicable lawLaw, the obligation of Guarantor to pay such interest shall automatically be limited to the payment thereof in the maximum amount so permitted under applicable lawLaw. The provisions of this Section 14 SECTION 12 shall override and control all other provisions of this Guaranty and of any other agreement between Guarantor, Administrative Agent, Guarantor and the LendersLender.
Appears in 1 contract
Samples: Guaranty Agreement (Apartment Investment & Management Co)