Highest Lawful Rate. Notwithstanding anything to the contrary contained in this Credit Agreement or the Notes, at no time shall the interest rates payable on the Advances, together with all fees and other amounts payable hereunder to the extent the same constitute or are deemed to constitute interest, exceed the maximum rate of interest allowed by applicable law (the “Highest Lawful Rate”). In respect of any period during the term of this Credit Agreement, any amount paid to the Agent or any Bank, to the extent the same shall (but for the provisions of this Section 2.8(b)) constitute or be deemed to constitute interest, would exceed the maximum amount of interest permitted by the Highest Lawful Rate during such period (such amount being hereinafter referred to as an “Unqualified Amount”), then, notwithstanding anything to the contrary contained in this Section 2.8, such Unqualified Amount shall be applied or shall be deemed to have been applied as a prepayment on the Advances.”
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Samples: Warehousing Credit Agreement (Tree.com, Inc.), Warehousing Credit Agreement (Tree.com, Inc.)
Highest Lawful Rate. Notwithstanding anything to the contrary contained in this Credit Agreement or the NotesNote, at no time shall the interest rates rate payable on the Warehouse Advances, together with all fees and other amounts payable hereunder to the extent the same constitute or are deemed to constitute interest, exceed the maximum rate of interest allowed by applicable law (the “"Highest Lawful Rate”"). In respect of any period during the term of this Credit Agreement, any amount paid to the Agent or any Bank, to the extent the same shall (but for the provisions of this Section 2.8(b)SECTION 2.7B) constitute or be deemed to constitute interest, would exceed the maximum amount of interest permitted by the Highest Lawful Rate during such period (such amount being hereinafter referred to as an “"Unqualified Amount”"), then, notwithstanding anything to the contrary contained in this Section 2.8SECTION 2.7, such Unqualified Amount shall be applied or shall be deemed to have been applied as a prepayment on the Warehouse Advances.”
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Samples: Warehousing Credit Agreement (New York Mortgage Trust Inc), Warehousing Credit Agreement (New York Mortgage Trust Inc)
Highest Lawful Rate. Notwithstanding anything to the contrary contained in this Credit Agreement or the NotesAgreement, at no time shall the interest rates rate payable to any Lender on the Advancesany of its Loans, together with the Fees and all fees and other amounts payable hereunder to such Lender to the extent the same constitute or are deemed to constitute interest, exceed the maximum rate of interest allowed by applicable law (the “Highest Lawful Rate”). In If in respect of any period during the term of this Credit Agreement, any amount paid to the Agent or any BankLender hereunder, to the extent the same shall (but for the provisions of this Section 2.8(b)3.4) constitute or be deemed to constitute interest, would exceed the maximum amount of interest permitted by the Highest Lawful Rate during such period (such amount being hereinafter referred to as an “"Unqualified Amount”"), then, notwithstanding anything to the contrary contained in this Section 2.8, then (i) such Unqualified Amount shall be applied or shall be deemed to have been applied as a prepayment on of the Advances.”Loans of such Lender, and (ii) if, in any subsequent period during the term of this Agreement, all amounts payable hereunder to such Lender in respect of such period which con-
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Highest Lawful Rate. Notwithstanding anything to the contrary contained in this Credit Agreement or the Notes, at no time shall the interest rates rate payable on the Advances, together with all fees and other amounts payable hereunder to the extent the same constitute or are deemed to constitute interest, exceed the maximum rate of interest allowed by applicable law (the “"Highest Lawful Rate”"). In respect of any period during the term of this Credit Agreement, any amount paid to the Agent or any Bank, to the extent the same shall (but for the provisions of this Section SECTION 2.8(b)) constitute or be deemed to constitute interest, would exceed the maximum amount of interest permitted by the Highest Lawful Rate during such period (such amount being hereinafter referred to as an “"Unqualified Amount”"), then, notwithstanding anything to the contrary contained in this Section SECTION 2.8, such Unqualified Amount shall be applied or shall be deemed to have been applied as a prepayment on the Advances.”
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Samples: Warehousing Credit Agreement (United Financial Mortgage Corp)
Highest Lawful Rate. Notwithstanding anything to the contrary contained in this Credit Agreement or the Notes, at no time shall the interest rates rate payable on the Warehouse Advances, together with all fees and other amounts payable hereunder to the extent the same constitute or are deemed to constitute interest, exceed the maximum rate of interest allowed by applicable law (the “Highest Lawful Rate”). In respect of any period during the term of this Credit Agreement, any amount paid to the Agent or any Bank, to the extent the same shall (but for the provisions of this Section 2.8(b)2.8B) constitute or be deemed to constitute interest, would exceed the maximum amount of interest permitted by the Highest Lawful Rate during such period (such amount being hereinafter referred to as an “Unqualified Amount”), then, notwithstanding anything to the contrary contained in this Section 2.8, such Unqualified Amount shall be applied or shall be deemed to have been applied as a prepayment on the Advances.”
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