Excess Interest. At maturity (including maturity due to Lender's acceleration of the Note) or on earlier final payment of this Note, Lender shall compute the total amount of interest that has been contracted for, charged or received by Lender or payable by Borrower under this Note and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by Lender. If such computation reflects that the total amount of interest that has been contracted for, charged or received by Lender or payable by Borrower exceeds the Maximum Lawful Amount, then Lender 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 Lender so that under no circumstances shall the total interest contracted for, charged or received by Lender exceed the Maximum Lawful Amount.
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Samples: Mezzanine Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp), Mezzanine Loan Agreement (Capital Senior Living Corp)
Excess Interest. At maturity (including maturity due to Lender's whether by acceleration of the Noteor otherwise) or on earlier final payment of this Note, Lender Payee shall compute the total amount of interest that has been contracted for, charged charged, or received by Lender Payee or payable by Borrower Maker under this Note and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged charged, or received by LenderPayee. If such computation reflects that the total amount of interest that has been contracted for, charged charged, or received by Lender Payee or payable by Borrower Maker exceeds the Maximum Lawful Amount, then Lender Payee 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 BorrowerMaker. This provision concerning the crediting or refund of or excess interest shall control and take precedence over all other agreements between Borrower Maker and Lender Payee so that under no circumstances shall the total interest contracted for, charged charged, or received by Lender Payee exceed the Maximum Lawful Amount.
Appears in 2 contracts
Samples: Stock Put Agreement (Exsorbet Industries Inc), Stock Put Agreement (Exsorbet Industries Inc)
Excess Interest. At maturity (including maturity due to Lender's whether by acceleration of the Noteor otherwise) or on earlier final payment of this Notethe Obligations, each Lender shall will compute the total amount of interest that has been contracted for, charged or received by each Lender or payable by Borrower under this Note Borrowers hereunder and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by such Lender. If such computation reflects that the total amount of interest that has been contracted for, charged or received by either Lender or payable by any Borrower exceeds the Maximum Lawful Amount, then such Lender 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 and any remaining excess shall be refunded to such Borrower. This provision concerning the crediting or refund of excess interest shall control and take precedence over all other agreements between Borrower Borrowers and Lender Lenders so that under no circumstances shall the total interest contracted for, charged or received by Lender Lenders exceed the Maximum Lawful Amount.
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Excess Interest. At maturity (including maturity due to Lender's whether by acceleration of the Noteor otherwise) or on earlier final payment of this Notethe Obligations, each Lender shall compute the total amount of interest that has been contracted for, charged or received by such Lender or payable by Borrower under this Note hereunder to such Lender and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged or received by such Lender. If such computation reflects that the total amount of interest that has been contracted for, charged or received by such Lender or payable by Borrower to such Lender exceeds the Maximum Lawful Amount, then such Lender shall apply such excess to the reduction of the principal balance owing to it and not to the payment of interest; or if such excess interest exceeds the unpaid principal balancebalance owing to such Lender, 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 Lender Lenders so that under no circumstances shall the total interest contracted for, charged or received by any Lender exceed the Maximum Lawful Amount.
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Excess Interest. At maturity (including maturity due to Lender's whether by acceleration of the Noteor otherwise) or on earlier final payment of this Note, Lender shall compute the total amount of interest that has been contracted for, charged charged, or received by Lender or payable by Borrower under this Note and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged charged, or received by Lender. If such computation reflects that the total amount of interest that has been contracted for, charged charged, or received by Lender or payable by Borrower exceeds the Maximum Lawful Amount, then Lender 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 or excess interest shall control and take precedence over all other agreements between Borrower and Lender so that under no circumstances shall the total interest contracted for, charged charged, or received by Lender exceed the Maximum Lawful Amount.
Appears in 1 contract
Samples: Promissory Note (Grubb & Ellis Healthcare REIT, Inc.)
Excess Interest. At maturity (including maturity due to Lender's whether by acceleration of the Noteor otherwise) or on earlier final payment of this Note, Lender shall compute the total amount of interest that has been contracted for, charged charged, or received by Lender or payable by Borrower under this Note and compare such amount to the Maximum Lawful Amount that could have been contracted for, charged charged, or received by Lender. If such computation reflects that the total amount of interest that has been contracted for, charged charged, or received by Lender or payable by Borrower exceeds the Maximum Lawful Amount, then Lender 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 Lender so that under no circumstances shall the total interest contracted for, charged charged, or received by Lender exceed the Maximum Lawful Amount.
Appears in 1 contract
Samples: Contribution Agreement (Prime Medical Services Inc /Tx/)