Common use of Controlling General Provisions Clause in Contracts

Controlling General Provisions. The provisions in this Section 9 shall govern and control over any irreconcilably inconsistent provision contained in this Note or any of the other Loan Documents or any other instrument contemplated hereunder or thereunder. In no event shall the aggregate of all interest paid or payable by Borrower to Lender ever exceed the maximum rate of interest which may lawfully be charged to (or payable by) Borrower under applicable law on the Adjusted Principal Amount of this Note from time to time remaining unpaid. In this connection, it is expressly stipulated and agreed that it is the intent of Lender and Borrower in the execution and delivery of this Note to contract in strict compliance with any applicable usury laws. In furtherance of the foregoing, none of the terms of this Note, the Loan Documents (other than this Note) or any such other instruments contemplated hereunder or thereunder shall ever be construed to create a contract to charge or pay for interest in excess of the maximum interest rate permitted to be contracted for, charged to, or payable by Borrower under applicable law. Borrower and any guarantors, endorsers or other parties now or hereafter becoming liable for payment of this Note shall never be liable for interest in excess of the maximum interest that may be lawfully charged under applicable law, and the provisions of this Section 9 shall govern over all other provisions of the Loan Documents, and any other instruments evidencing or securing the Loan, should such provisions be in apparent conflict herewith. Specifically and without limiting the generality of the foregoing paragraph, it is expressly agreed that:

Controlling General Provisions. The provisions in this Section 9 shall govern and control over any irreconcilably inconsistent provision contained in this Note or any of provision, the other Loan Documents or any other instrument contemplated hereunder or thereunder. In no event shall the aggregate of all interest paid or payable by Borrower to Lender ever exceed the maximum rate of interest which may lawfully be charged to (or payable by) Borrower under applicable law on the Adjusted Principal Amount of this Note from time to time remaining unpaid. In this connection, it is expressly stipulated and agreed that it is the intent of Lender and Borrower in the execution and delivery of this Note to contract in strict compliance with any applicable usury laws. In furtherance of the foregoing, none of the terms of this Note, the Loan Documents (other than this Note) or any such other instruments contemplated hereunder or thereunder shall ever be construed to create a contract to charge or pay for interest in excess of the maximum interest rate permitted to be contracted for, charged to, or payable by Borrower under applicable law. Borrower and any guarantors, endorsers or other parties now or hereafter becoming liable for payment of this Note shall never be liable for interest in excess of the maximum interest that may be lawfully charged under applicable law, and the provisions of this Section 9 shall govern over all other provisions of the Loan Documents, and any other instruments evidencing or securing the Loan, should such provisions be in apparent conflict herewith. Specifically and without limiting the generality of the foregoing paragraph, it is expressly agreed that:

Controlling General Provisions. The provisions in this Section 9 shall govern and control over any irreconcilably inconsistent provision contained in this Note or any of the other Loan Documents or any other instrument contemplated hereunder or thereunder. In no event shall the aggregate of all interest paid or payable by Borrower to Lender ever exceed the maximum rate of interest which may lawfully be charged to (or payable by) Borrower under applicable law on the Adjusted Principal Amount of this Note from time to time remaining 16 unpaid. In this connection, it is expressly stipulated and agreed that it is the intent of Lender and Borrower in the execution and delivery of this Note to contract in strict compliance with any applicable usury laws. In furtherance of the foregoing, none of the terms of this Note, the Loan Documents (other than this Note) or any such other instruments contemplated hereunder or thereunder shall ever be construed to create a contract to charge or pay for interest in excess of the maximum interest rate permitted to be contracted for, charged to, or payable by Borrower under applicable law. Borrower and any guarantors, endorsers or other parties now or hereafter becoming liable for payment of this Note shall never be liable for interest in excess of the maximum interest that may be lawfully charged under applicable law, and the provisions of this Section 9 shall govern over all other provisions of the Loan Documents, and any other instruments evidencing or securing the Loan, should such provisions be in apparent conflict herewith. Specifically and without limiting the generality of the foregoing paragraph, it is expressly agreed that: