Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender in connection with this Agreement under applicable law (the "Maximum Rate"), the Company shall not be obligated to pay, and the Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 5 contracts
Samples: Credit Agreement (Amerigon Inc), Credit Agreement (Amerigon Inc), Credit Agreement (Amerigon Inc)
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 5 contracts
Samples: Term Loan Agreement (Onyx Acceptance Corp), Credit Facility Agreement (CTC Communications Corp), Loan and Security Agreement (Breakaway Solutions Inc)
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender any Bank in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the Lender such Bank shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder to such Bank shall be limited to the Maximum Rate.
Appears in 3 contracts
Samples: Credit Agreement (Cadence Design Systems Inc), 364 Day Credit Agreement (Cadence Design Systems Inc), Credit Agreement (Cadence Design Systems Inc)
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Agent or any Lender in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the neither Agent nor any Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 2 contracts
Samples: Credit Agreement (Cogent Communications Group Inc), Credit Agreement (Cogent Communications Group Inc)
Highest Lawful Rate. Anything Notwithstanding anything herein to the contrary notwithstandingcontrary, if during any period for which interest is computed hereunder, the applicable amount of interest ratecomputed on the basis provided for in this Secured Note, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Documentdocument executed in connection herewith, would exceed the maximum rate amount of such interest which may be charged, contracted for, reserved, received or collected by computed on the Lender in connection with this Agreement under applicable law (basis of the "Maximum Highest Lawful Rate"), the Company Borrower shall not be obligated to pay, and the Lender Holder shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Highest Lawful Rate, and during any such period the interest payable hereunder shall be limited to computed on the Maximum basis of the Highest Lawful Rate.. As used herein, “
Appears in 2 contracts
Samples: Secured Promissory Note (Regis Corp), Secured Promissory Note (Regis Corp)
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the any Lender in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the such Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 2 contracts
Samples: Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Certified Grocers of California LTD)
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the any Lender in connection with this Agreement under applicable law (the "“Maximum Rate"”), the Company Borrower shall not be obligated to pay, and the such Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 2 contracts
Samples: Credit Agreement (Aquaventure Holdings LLC), Credit Agreement (Chalone Wine Group LTD)
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender any Bank in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the Lender such Bank shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 2 contracts
Samples: Credit Agreement (California Microwave Inc), Credit Agreement (Lsi Logic Corp)
Highest Lawful Rate. Anything herein to the contrary ------------------- notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Acquisition Financing Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Purchaser shall not be obligated to pay, and the Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Samples: Product Acquisition Financing Agreement (Xcel Pharmaceuticals Inc)
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender Agent or Lenders in connection with this Agreement under applicable law (the "“Maximum Rate"”), the Company Borrower shall not be obligated to pay, and the neither Agent nor any Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender in connection with this Agreement under applicable law (the "“Maximum Rate"”), the Company shall not be obligated to pay, and the Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender Bank in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the Lender Bank shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Highest Lawful Rate. Anything herein to the contrary ------------------- notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender in connection with this Agreement under applicable law (the "Maximum Rate"), the Company shall not be obligated to pay, and the Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Samples: Credit Agreement (Argyros George L)
Highest Lawful Rate. Anything herein to the contrary -------------------- notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the any Lender in connection with this Agreement under applicable law (the "“Maximum Rate"”), the Company Borrower shall not be obligated to pay, and the such Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the any Lender in connection with this Agreement under applicable law (the "“Maximum Rate"”), the Company Borrowers shall not be obligated to pay, and the such Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Samples: Credit Agreement (Shaw Group Inc)
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the any Lender in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the such Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Agent or any Lender in connection with this Agreement under applicable law (the "“Maximum Rate"”), the Company Borrower shall not be obligated to pay, and the neither Agent nor any Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Highest Lawful Rate. Anything herein to the contrary contrary), notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the Lender any Bank in connection with this Agreement under applicable law (the "Maximum Rate"), the Company Borrower shall not be obligated to pay, and the Lender such Bank shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Highest Lawful Rate. Anything herein to the contrary notwithstanding, if during any period for which interest is computed hereunder, the applicable interest rate, together with all fees, charges and other payments which are treated as interest under applicable law, as provided for herein or in any other Loan Document, would exceed the maximum rate of interest which may be charged, contracted for, reserved, received or collected by the any Lender in connection with this Agreement under applicable law (the "“Maximum Rate"”), the Company Borrowers shall not be obligated to pay, and the such Lender shall not be entitled to charge, collect, receive, reserve or take, interest in excess of the Maximum Rate, and during any such period the interest payable hereunder shall be limited to the Maximum Rate.
Appears in 1 contract
Samples: Credit Agreement (NRG Energy, Inc.)