Common use of Intent of Parties Clause in Contracts

Intent of Parties. It is expressly stipulated and agreed to be the intent of Maker and Lender at all times to comply with the applicable law governing the maximum rate or amount of interest payable on or in connection with this Note. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under this Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to this Note, or if acceleration of the maturity of this Note, any prepayment by Maker, or any other circumstance whatsoever, results in Lender having been paid any interest in excess of that permitted by applicable law, then it is the express intent of Maker and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “applicable law” as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit Agreement. The provisions of this paragraph shall control all agreements between Maker and Lender.

Intent of Parties. It is expressly stipulated (a) The Seller and agreed the Purchaser intend that each Transaction constitute a valid sale of the Primary Portfolio Excess Spread and all proceeds thereof with respect to be the intent of Maker and Lender at all times related Primary Portfolio by the Seller to comply with the applicable law governing the maximum rate or amount of interest payable on or in connection with this NotePurchaser. If the applicable law conveyance of the Primary Portfolio Excess Spread is ever judicially interpreted so characterized by a court or governmental authority as security for a loan rather than an absolute transfer or sale, the Seller will be deemed to render usurious any amount called for have granted, and hereby grants, to Purchaser, a security interest in all of its right, title and interest in, to and under, whether now existing or in the future arising or acquired, (i) all Primary Portfolio Excess Spread and all rights under this Note Agreement with respect to any Primary Portfolio Excess Spread; (ii) the Portfolio Spread Custodial Account; (iii) all rights to payment of amounts due under this Agreement on account of or related to the Primary Portfolio Excess Spread; (iv) all rights to reimbursement of Primary Portfolio Excess Spreads and/or amounts due in respect thereof under the Servicing Contract and the Xxxxxx Mae Guide; (v) all records, instruments or other documentation evidencing any of the other Loan Documentsforegoing; (vi) all “general intangibles”, “accounts”, “chattel paper”, “securities accounts”, “investment property”, “deposit accounts” and “money” as defined in the Uniform Commercial Code relating to or contracted for, charged, taken, reserved or received with respect to this Note, or if acceleration constituting any and all of the maturity foregoing (including, without limitation, all of this NoteSeller’s rights, any prepayment by Maker, or any other circumstance whatsoever, results in Lender having been paid any title and interest in excess and under the Primary Portfolio Excess Spreads); and (vii) any and all replacements, substitutions, distributions on or proceeds of that permitted by applicable law, then it is the express intent of Maker any and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentforegoing, so as to comply with the applicable law, but so as to permit the recovery of the fullest security for a loan in an amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, equal to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “applicable law” as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit Agreement. The provisions of this paragraph shall control all agreements between Maker and LenderTransaction Purchase Price.

Intent of Parties. It is expressly stipulated (a) The Seller and agreed the Purchaser intend that each Transaction constitute a valid sale of the Primary Portfolio Excess Spread and all proceeds thereof with respect to be the intent of Maker and Lender at all times related Primary Portfolio by the Seller to comply with the applicable law governing the maximum rate or amount of interest payable on or in connection with this NotePurchaser. If the applicable law conveyance of the Primary Portfolio Excess Spread is ever judicially interpreted so characterized by a court or governmental authority as security for a loan rather than an absolute transfer or sale, the Seller will be deemed to render usurious any amount called for have granted, and hereby grants, to Purchaser, a security interest in all of its right, title and interest in, to and under, whether now existing or in the future arising or acquired, (i) all Primary Portfolio Excess Spread and all rights under this Note Agreement with respect to any Primary Portfolio Excess Spread; (ii) the Primary Portfolio Spread Custodial Account; (iii) all rights to payment of amounts due under this Agreement on account of or related to the Primary Portfolio Excess Spread; (iv) all rights to reimbursement of Primary Portfolio Excess Spreads and/or amounts due in respect thereof under the related Servicing Agreements and Guides; (v) all records, instruments or other documentation evidencing any of the other Loan Documentsforegoing; (vi) all “general intangibles”, “accounts”, “chattel paper”, “securities accounts”, “investment property”, “deposit accounts” and “money” as defined in the Uniform Commercial Code relating to or contracted for, charged, taken, reserved or received with respect to this Note, or if acceleration constituting any and all of the maturity foregoing (including, without limitation, all of this NoteSeller’s rights, any prepayment by Maker, or any other circumstance whatsoever, results in Lender having been paid any title and interest in excess and under the Primary Portfolio Excess Spreads); and (vii) any and all replacements, substitutions, distributions on or proceeds of that permitted by applicable law, then it is the express intent of Maker any and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentforegoing, so as to comply with the applicable law, but so as to permit the recovery of the fullest security for a loan in an amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, equal to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “applicable law” as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit Agreement. The provisions of this paragraph shall control all agreements between Maker and LenderTransaction Purchase Price.

Intent of Parties. It is expressly stipulated (a) The parties intend that each transfer made by the Seller under Section 4.01 constitute a valid absolute transfer or sale of the related Secondary Portfolio Excess Spread and agreed all proceeds thereof for the related Replacement Portfolio by the Seller to be the intent of Maker and Lender at all times to comply with the applicable law governing the maximum rate or amount of interest payable on or in connection with this NotePurchaser. If the applicable law conveyance of such Secondary Portfolio Excess Spread is ever judicially interpreted so characterized by a court or governmental authority as security for a loan rather than an absolute transfer or sale, the Seller will be deemed to render usurious any amount called for have granted, and hereby grants, to the Purchaser, a security interest in all of its right, title and interest in, to and under, whether now existing or in the future arising or acquired, (i) all Secondary Portfolio Excess Spread and all rights under this Note Agreement with respect to any Secondary Portfolio Excess Spread; (ii) the Secondary Portfolio Spread Custodial Account; (iii) all rights to payment of amounts due under this Agreement on account of or related to the Secondary Portfolio Excess Spread; (iv) all rights to reimbursement of Secondary Portfolio Excess Spreads and/or amounts due in respect thereof under the related Servicing Agreements and Guides; (v) all records, instruments or other documentation evidencing any of the other Loan Documentsforegoing; (vi) all “general intangibles”, “accounts”, “chattel paper”, “securities accounts”, “investment property”, “deposit accounts” and “money” as defined in the Uniform Commercial Code relating to or contracted for, charged, taken, reserved or received with respect to this Note, or if acceleration constituting any and all of the maturity foregoing (including, without limitation, all of this NoteSeller’s rights, any prepayment by Maker, or any other circumstance whatsoever, results in Lender having been paid any title and interest in excess and under the Secondary Portfolio Excess Spreads); and (vii) any and all replacements, substitutions, distributions on or proceeds of that permitted by applicable law, then it is the express intent of Maker any and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentforegoing, so as security for a loan in an amount equal to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date value of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “applicable law” as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit Agreement. The provisions of this paragraph shall control all agreements between Maker and LenderSecondary Portfolio Excess Spread.

Intent of Parties. It is expressly stipulated (a) The Seller and agreed the Purchaser intend that each Transaction constitute a valid sale of the Primary Portfolio Excess Spread and all proceeds thereof with respect to be the intent of Maker and Lender at all times related Primary Portfolio by the Seller to comply with the applicable law governing the maximum rate or amount of interest payable on or in connection with this NotePurchaser. If the applicable law conveyance of the Primary Portfolio Excess Spread is ever judicially interpreted so characterized by a court or governmental authority as security for a loan rather than an absolute transfer or sale, the Seller will be deemed to render usurious any amount called for have granted, and hereby grants, to Purchaser, a security interest in all of its right, title and interest in, to and under, whether now existing or in the future arising or acquired, (i) all Primary Portfolio Excess Spread and all rights under this Note Agreement with respect to any Primary Portfolio Excess Spread; (ii) the Primary Portfolio Spread Custodial Account; (iii) all rights to payment of amounts due under this Agreement on account of or related to the Primary Portfolio Excess Spread; (iv) all rights to reimbursement of Primary Portfolio Excess Spreads and/or amounts due in respect thereof under the related Servicing Agreements and Guides; (v) all records, instruments or other documentation evidencing any of the other Loan Documentsforegoing; (vi) all "general intangibles", "accounts", "chattel paper", "securities accounts", "investment property", "deposit accounts" and "money" as defined in the Uniform Commercial Code relating to or contracted for, charged, taken, reserved or received with respect to this Note, or if acceleration constituting any and all of the maturity foregoing (including, without limitation, all of this NoteSeller's rights, any prepayment by Maker, or any other circumstance whatsoever, results in Lender having been paid any title and interest in excess and under the Primary Portfolio Excess Spreads); and (vii) any and all replacements, substitutions, distributions on or proceeds of that permitted by applicable law, then it is the express intent of Maker any and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentforegoing, so as to comply with the applicable law, but so as to permit the recovery of the fullest security for a loan in an amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, equal to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “applicable law” as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit Agreement. The provisions of this paragraph shall control all agreements between Maker and LenderTransaction Purchase Price.

Intent of Parties. It is expressly stipulated and agreed to be the intent of Maker Makers and Lender at all times to comply with the applicable law governing the maximum rate or amount of interest payable on or in connection with this Note. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under this Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to this Note, or if acceleration of the maturity of this Note, any prepayment by MakerMakers, or any other circumstance whatsoever, results in Lender having been paid any interest in excess of that permitted by applicable law, then it is the express intent of Maker Makers and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to MakerMakers), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “"applicable law” " as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit AgreementTexas law. The provisions of this paragraph shall control all agreements between Maker Makers and Lender.

Intent of Parties. It is expressly stipulated (a) The parties intend that each transfer made by the Seller under Section 4.01 constitute a valid absolute transfer or sale of the related Secondary Portfolio Excess Spread and agreed all proceeds thereof for the related Replacement Portfolio by the Seller to be the intent of Maker and Lender at all times to comply with the applicable law governing the maximum rate or amount of interest payable on or in connection with this NotePurchaser. If the applicable law conveyance of such Secondary Portfolio Excess Spread is ever judicially interpreted so characterized by a court or governmental authority as security for a loan rather than an absolute transfer or sale, the Seller will be deemed to render usurious any amount called for have granted, and hereby grants, to the Purchaser, a security interest in all of its right, title and interest in, to and under, whether now existing or in the future arising or acquired, (i) all Secondary Portfolio Excess Spread and all rights under this Note Agreement with respect to any Secondary Portfolio Excess Spread; (ii) the Secondary Portfolio Spread Custodial Account; (iii) all rights to payment of amounts due under this Agreement on account of or related to the Secondary Portfolio Excess Spread; (iv) all rights to reimbursement of Secondary Portfolio Excess Spreads and/or amounts due in respect thereof under the related Servicing Agreements and Guides; (v) all records, instruments or other documentation evidencing any of the other Loan Documentsforegoing; (vi) all "general intangibles", "accounts", "chattel paper", "securities accounts", "investment property", "deposit accounts" and "money" as defined in the Uniform Commercial Code relating to or contracted for, charged, taken, reserved or received with respect to this Note, or if acceleration constituting any and all of the maturity foregoing (including, without limitation, all of this NoteSeller's rights, any prepayment by Maker, or any other circumstance whatsoever, results in Lender having been paid any title and interest in excess and under the Secondary Portfolio Excess Spreads); and (vii) any and all replacements, substitutions, distributions on or proceeds of that permitted by applicable law, then it is the express intent of Maker any and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentforegoing, so as security for a loan in an amount equal to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date value of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “applicable law” as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit Agreement. The provisions of this paragraph shall control all agreements between Maker and LenderSecondary Portfolio Excess Spread.

Intent of Parties. It is expressly stipulated (a) The parties intend that each transfer made by the Seller under Section 4.01 constitute a valid absolute transfer or sale of the related Secondary Portfolio Excess Spread and agreed all proceeds thereof for the related Replacement Portfolio by the Seller to be the intent of Maker and Lender at all times to comply with the applicable law governing the maximum rate or amount of interest payable on or in connection with this NotePurchaser. If the applicable law conveyance of such Secondary Portfolio Excess Spread is ever judicially interpreted so characterized by a court or governmental authority as security for a loan rather than an absolute transfer or sale, the Seller will be deemed to render usurious any amount called for have granted, and hereby grants, to the Purchaser, a security interest in all of its right, title and interest in, to and under, whether now existing or in the future arising or acquired, (i) all Secondary Portfolio Excess Spread and all rights under this Note Agreement with respect to any Secondary Portfolio Excess Spread; (ii) the Portfolio Spread Custodial Account; (iii) all rights to payment of amounts due under this Agreement on account of or related to the Secondary Portfolio Excess Spread; (iv) all rights to reimbursement of Secondary Portfolio Excess Spreads and/or amounts due in respect thereof under the Servicing Contract and the Xxxxxx Xxx Guide; (v) all records, instruments or other documentation evidencing any of the other Loan Documentsforegoing; (vi) all “general intangibles”, “accounts”, “chattel paper”, “securities accounts”, “investment property”, “deposit accounts” and “money” as defined in the Uniform Commercial Code relating to or contracted for, charged, taken, reserved or received with respect to this Note, or if acceleration constituting any and all of the maturity foregoing (including, without limitation, all of this NoteSeller’s rights, any prepayment by Maker, or any other circumstance whatsoever, results in Lender having been paid any title and interest in excess and under the Secondary Portfolio Excess Spreads); and (vii) any and all replacements, substitutions, distributions on or proceeds of that permitted by applicable law, then it is the express intent of Maker any and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentforegoing, so as security for a loan in an amount equal to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date value of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “applicable law” as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit Agreement. The provisions of this paragraph shall control all agreements between Maker and LenderSecondary Portfolio Excess Spread.

Intent of Parties. It is expressly stipulated and agreed the intention of the parties hereto that the purchases of Receivable Interests to be the intent made hereunder shall constitute a nonrecourse "sale of Maker and Lender at all times to comply with the applicable law governing the maximum rate or amount of interest payable on or accounts," as such term is used in connection with this Note. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under this Note or under any Article 9 of the Uniform Commercial Code. In the event, however, that a court of competent jurisdiction were to hold that the transactions evidenced hereby constitute a loan, the parties agree that, in such event, the purchases of Receivable Interests hereunder shall be treated as loans from Purchaser to the Seller secured by all of Seller's right, title and interest in all Receivables (whether or not constituting Eligible Receivables and whether or not a Receivable Interest therein is purchased by Purchaser hereunder but excluding all Excluded Receivables), all Related Security, Collections, all other Loan Documents, or contracted for, charged, taken, reserved or received monies due with respect to this Notesuch Receivables, the Collection Account, Facility Account, Equalization Account and Discount Reserve Account and all sums or if acceleration credits deposited therein or due to Seller therefrom, the Receivables Sale Agreement and Capital Contribution Agreement, and all proceeds of the maturity foregoing of this Noteevery nature, any prepayment by Makertype or description (collectively, or any the "Collateral"). To secure payment of all Discount, Fees, Capital and all other circumstance whatsoeverAggregate Unpaids due hereunder to Purchaser, results in Lender having been paid any including, but not limited to, Seller's indemnity obligations under Article VII, the Seller hereby grants to Purchaser a security interest in excess all of that permitted by its right, title and interest in and to the Collateral. Upon the occurrence of a Termination Event, Purchaser shall have, in addition to all other rights and remedies which it may have under this Agreement and applicable law, then it is the express intent of Maker and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the other applicable Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate the maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby or by any other Loan Document shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Lawful Rate. The term “applicable law” as used herein shall mean the laws of the State of Texas, or DIDMCA or any other applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under the laws of the state which governs the Credit Agreement. The provisions of this paragraph shall control all agreements between Maker and Lender.rights and