Common use of Excess Interest Clause in Contracts

Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will compute the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Bank. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower exceeds the Maximum Lawful Amount, then Bank shall apply such excess to the reduction of the principal balance, such excess shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank so that under no circumstances shall the total interest contracted for, charged or received by Bank exceed the Maximum Lawful Amount.

Appears in 7 contracts

Samples: Loan and Security Agreement (Crossroads Systems Inc), Loan and Security Agreement (Motive Inc), Loan and Security Agreement (Intrusion Inc)

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Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will shall compute the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Bank. If such computation reflects that the total amount of interest that has been contracted for, charged or charged, received by Bank Bank, or payable by Borrower exceeds the Maximum Lawful Amount, then Bank shall apply such excess to the reduction of the principal balance, and any such excess remaining thereafter shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank so that under no circumstances shall the total interest contracted for, charged or received by Bank exceed the Maximum Lawful Amount.

Appears in 5 contracts

Samples: Loan and Security Agreement (RMG Networks Holding Corp), Loan and Security Agreement (Threshold Pharmaceuticals Inc), Loan and Security Agreement (Crossroads Systems Inc)

Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will compute the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Bank. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower exceeds the Maximum Lawful Amount, then Bank shall apply such excess to the reduction of the principal balance, such and any remaining excess shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank so that under no circumstances shall the total interest contracted for, charged or received by Bank exceed the Maximum Lawful Amount.

Appears in 3 contracts

Samples: Loan and Security Agreement (Sigmatel Inc), Loan and Security Agreement (Perficient Inc), Loan and Security Agreement (Exe Technologies Inc)

Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will shall compute the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Bank. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower exceeds the Maximum Lawful Amount, then Bank shall apply such excess to the reduction of the principal balance and not to the payment of interest; or if such excess interest exceeds the unpaid principal balance, such excess shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank so that under no circumstances shall the total interest contracted for, charged or received by Bank exceed the Maximum Lawful Amount.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mission Critical Software Inc), Loan and Security Agreement (Objectspace Inc)

Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will shall compute the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Bank. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower exceeds the Maximum Lawful Amount, then Bank shall apply such excess to the reduction of the principal balance and not to the payment of interest: or if such excess interest exceeds the unpaid principal balance, such excess shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank so that under no circumstances shall the total interest contracted for, charged or received by Bank exceed the Maximum Lawful Amount.

Appears in 2 contracts

Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc), Senior Subordinated Loan and Security Agreement (Objectspace Inc)

Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will Lender shall compute the total amount of interest that has been contracted for, charged or received by Bank Lender or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by BankLender. If such computation reflects that the total amount of interest that has been contracted for, charged or charged, received by Bank Lender, or payable by Borrower exceeds the Maximum Lawful Amount, then Bank Lender shall apply such excess to the reduction of the principal balance, and any such excess remaining thereafter shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank Lender so that under no circumstances shall the total interest contracted for, charged or received by Bank Lender exceed the Maximum Lawful Amount.

Appears in 2 contracts

Samples: Subordination Agreement (RMG Networks Holding Corp), Subordination Agreement (RMG Networks Holding Corp)

Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will compute the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Bank. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower exceeds the Maximum Lawful Amount, then Bank shall apply such excess to the reduction of the principal balance, such excess shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank so that under no circumstances shall the total interest contracted for, charged or received by Bank exceed the Maximum Lawful Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Castle Biosciences Inc)

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Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will Lenders shall compute the total amount of interest that has been contracted for, charged or received by Bank Lenders or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by BankLenders. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Bank Lenders or payable by Borrower exceeds the Maximum Lawful Amount, then Bank Lenders shall apply such excess to the reduction of the principal balance and not to the payment of interest; or if such excess interest exceeds the unpaid principal balance, such excess shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank so that under no circumstances shall the total interest contracted for, charged or received by Bank exceed the Maximum Lawful Amount.provision

Appears in 1 contract

Samples: Loan and Security Agreement (Vtel Corp)

Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank will shall compute the total amount of interest that has been contracted for, charged or received by Bank or payable by Borrower Borrowers hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Bank. If such computation reflects that the total amount of interest that has been contracted for, charged or charged, received by Bank Bank, or payable by Borrower Borrowers exceeds the Maximum Lawful Amount, then Bank shall apply such excess to the reduction of the principal balance, and any such excess remaining thereafter shall be refunded to BorrowerBorrowers. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower Borrowers and Bank so that under no circumstances shall the total interest contracted for, charged or received by Bank exceed the Maximum Lawful Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthaxis Inc)

Excess Interest. At maturity (whether by acceleration or otherwise) or on earlier final payment of the Obligations, Bank Lenders will compute the total amount of interest that has been contracted for, charged or received by Bank Lenders or payable by Borrower hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by BankLenders. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Bank Lenders or payable by Borrower exceeds the Maximum Lawful Amount, then Bank Lenders shall apply such excess to the reduction of the principal balance, such and any remaining excess shall be refunded to Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower and Bank Lenders so that under no circumstances shall the total interest contracted for, charged or received by Bank Lenders exceed the Maximum Lawful Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Green Power Energy Holdings Corp)

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