Common use of Excess Interest Clause in Contracts

Excess Interest. In no event whatsoever shall the interest rate and other charges charged hereunder 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 a court determines that the Lender has received interest and other charges hereunder in excess of the highest permissible rate applicable thereto, the Lender shall promptly apply such excess to the Obligations in such order as the Lender shall determine in its discretion or refund the amount thereof to the Borrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Appears in 2 contracts

Samples: Loan Agreement (Iac Holdings Corp), Loan Agreement (International Mezzanine Investment N V)

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Excess Interest. In no event whatsoever shall the interest rate and other charges charged hereunder 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 a court determines that the Lender has received interest and other charges hereunder in excess of the highest permissible rate applicable thereto, the Lender shall promptly apply such excess to the Obligations in such order as the Lender shall determine in its sole discretion or refund the amount thereof to the BorrowerBorrowers, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Core Technologies Pennsylvania Inc)

Excess Interest. In no event whatsoever shall the interest rate and other charges charged hereunder 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 a court determines that the Lender has received interest and other charges hereunder in excess of the highest permissible rate applicable thereto, the Lender shall promptly apply such excess to the Obligations in such order as the Lender shall determine in its sole discretion or refund the amount thereof to the Borrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Appears in 1 contract

Samples: Finova Loan and Security Agreement (Glasgal Communications Inc)

Excess Interest. In no event whatsoever shall the interest rate and other charges charged hereunder 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 a court determines that the Lender has Lenders have received interest and or other charges hereunder in excess of the highest permissible rate applicable thereto, the Lender Lenders shall promptly apply such excess to the Obligations in such order as the Lender shall determine in its discretion or refund the amount thereof to the Borrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Appears in 1 contract

Samples: Loan Agreement (Hybridon Inc)

Excess Interest. In no event whatsoever shall the interest rate and other charges fees charged hereunder 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 a court determines that the Lender has received interest and other charges hereunder in excess of the highest permissible rate applicable thereto, the Lender shall promptly apply such excess to the Obligations in such order as the Lender shall determine in its sole discretion or refund the amount thereof to the BorrowerBorrowers, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Cyberads Inc)

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Excess Interest. In no event whatsoever shall the interest rate and --------------- other charges charged hereunder 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 a court determines that the Lender has received interest and other charges hereunder in excess of the highest permissible rate applicable thereto, the Lender shall promptly apply such excess to the Obligations in such order as the Lender shall determine in its sole discretion or refund the amount thereof to the Borrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Appears in 1 contract

Samples: Finova Loan and Security Agreement (Ameritruck Distribution Corp)

Excess Interest. In no event whatsoever shall the interest rate and other charges charged hereunder 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 a court determines that the Lender has Lenders have received interest and or other charges hereunder in excess of the highest permissible rate applicable thereto, the Lender Lenders shall promptly apply such excess to the Obligations in such order as the Lender Lenders shall determine in its their discretion or refund the amount thereof to the Borrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Appears in 1 contract

Samples: Loan Agreement (Hybridon Inc)

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