Common use of Criminal Interest Clause in Contracts

Criminal Interest. If any provision of this Agreement would oblige the Canadian Guarantor to make any payment of interest or other amount payable to any Committed Purchaser in an amount or calculated at a rate which would be prohibited by Applicable Law or would result in a receipt by that Committed Purchaser of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by Applicable Law or so result in a receipt by that Committed Purchaser of “interest” at a “criminal rate”.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (NCR Atleos Corp), Receivables Purchase Agreement (NCR Corp), Receivables Purchase Agreement (NCR Corp)

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Criminal Interest. If any provision of this Agreement would oblige the Canadian Guarantor Borrower to make any payment of interest or other amount payable to any Committed Purchaser Lender in an amount or calculated at a rate which would be prohibited by Applicable Law or would result in a receipt by that Committed Purchaser Lender of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by Applicable Law or so result in a receipt by that Committed Purchaser Lender of “interest” at a “criminal rate”., such adjustment to be effected, to the extent necessary (but only to the extent necessary), as follows:

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Lantronix Inc)

Criminal Interest. If any provision of this Agreement would oblige the Canadian Guarantor Borrower to make any payment of interest or other amount payable to any Committed Purchaser Lender in an amount or calculated at a rate which would be prohibited by Applicable Law or would result in a receipt by that Committed Purchaser any Lender of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by Applicable Law law or so result in a receipt by that Committed Purchaser any Lender of “interest” at a “criminal rate”., such adjustment to be effected, to the extent necessary (but only to the extent necessary), as follows:

Appears in 1 contract

Samples: Loan and Security Agreement (MedAvail Holdings, Inc.)

Criminal Interest. If any provision of this Agreement would oblige the Canadian Guarantor to make any payment of interest or other amount payable to any Committed Purchaser in an amount or calculated at a rate which would be prohibited by Applicable applicable Law or would result in a receipt by that Committed Purchaser of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by Applicable applicable Law or so result in a receipt by that Committed Purchaser of “interest” at a “criminal rate”.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Rackspace Technology, Inc.)

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Criminal Interest. If any provision of this Agreement would oblige the Canadian Guarantor Borrower to make any payment of interest or other amount payable to any Committed Purchaser Lender in an amount or calculated at a rate which would be prohibited by Applicable Law or would result in a receipt by that Committed Purchaser Bank of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by Applicable Law or so result in a receipt by that Committed Purchaser Bank of “interest” at a “criminal rate”., such adjustment to be effected, to the extent necessary (but only to the extent necessary), as follows:

Appears in 1 contract

Samples: Loan and Security Agreement (Lantronix Inc)

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