Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreement, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 8 contracts
Samples: Loan Agreement (Everspin Technologies Inc), Loan and Security Agreement (Genocea Biosciences, Inc.), Loan and Security Agreement (Genocea Biosciences, Inc.)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementof the other Loan Documents, then in such event: (1) the provisions of this subsection Section shall govern and control;
Appears in 6 contracts
Samples: Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.), Loan and Security Agreement (Lexicon Pharmaceuticals, Inc./De), Loan Agreement (Dividend Capital Total Realty Trust Inc.)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and Lender Agent shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection Section shall govern and control;
Appears in 4 contracts
Samples: Loan and Security Agreement (Intercloud Systems, Inc.), Loan and Security Agreement (Sebring Software, Inc.), Loan and Security Agreement (Genesis Group Holdings Inc)
Interest Laws. Notwithstanding any provision to the contrary ------------- contained in this Loan Agreement or any the Other AgreementAgreements, Borrower Borrowers shall not be required to pay, and Lender Bank shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any of the Other AgreementAgreements, then in such event: (1a) the provisions of this subsection Paragraph shall govern and control;; (
Appears in 2 contracts
Samples: Loan and Security Agreement (Heartland Partners L P), Loan Agreement (Boss Holdings Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”, which shall be deemed to include any fees payable by the Borrower hereunder to the extent such fees would be treated as interest under applicable laws). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection Section shall govern and control;
Appears in 2 contracts
Samples: Loan Agreement (Penn Octane Corp), Loan Agreement (Rio Vista Energy Partners Lp)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower the Borrowers shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”"EXCESS INTEREST"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementof the other Loan Documents, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 2 contracts
Samples: Loan and Security Agreement (Lodgian Inc), Loan and Security Agreement (Lodgian Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection Section shall govern and control;
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Akrion, Inc.), Term Loan and Security Agreement (Akrion, Inc.)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and neither Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 2 contracts
Samples: Loan and Security Agreement (Banctec Inc), Loan and Security Agreement (Beacon Roofing Supply Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreement, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 2 contracts
Samples: Loan and Security Agreement (Enernoc Inc), Loan and Security Agreement (Swmx, Inc.)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other AgreementDocument, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other AgreementDocument, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 2 contracts
Samples: Equipment Loan and Security Agreement, Equipment Loan and Security Agreement (Alien Technology Corp)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any the Other AgreementAgreements, Borrower Borrowers shall not be required to pay, and Lender Bank shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any of the Other AgreementAgreements, then in such event: (1a) the provisions of this subsection Paragraph shall govern and control;; (
Appears in 2 contracts
Samples: Loan and Security Agreement (Paul Harris Stores Inc), Loan Agreement (Kv Pharmaceutical Co /De/)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law Law (“Excess Interest”). If any Excess Interest is provided for or is finally determined by a court of competent jurisdiction in a non-appealable decision to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection Section shall govern and control;
Appears in 2 contracts
Samples: Loan and Security Agreement (Rock Energy Resources, Inc.), Loan and Security Agreement (Nexaira Wireless Inc.)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 2 contracts
Samples: Loan and Security Agreement, Commercial Loan Agreement (Brooke Capital Corp)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, no Borrower shall not be required to pay, and neither Administrative Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 2 contracts
Samples: Loan Agreement (North Face Inc), Loan Agreement (North Face Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower the Borrowers shall not be required to pay, and neither Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 1 contract
Samples: Loan and Security Agreement (Perma Fix Environmental Services Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementof the other Loan Documents, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 1 contract
Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower Borrowers shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementof the other Loan Documents, then in such event: (1) the provisions of this subsection Section shall govern and control;
Appears in 1 contract
Samples: Loan and Security Agreement (Education Realty Trust, Inc.)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementof the other Loan Documents, then in such event: (1) the provisions of this subsection Section shall govern and control;
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall will not be required to pay, and neither Agent nor any Lender shall not will be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess InterestInterest ”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall will govern and control;
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower Borrowers shall not be required to pay, and neither Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection 2.1(D) shall govern and control;
Appears in 1 contract
Samples: Loan and Security Agreement (Uniforce Temporary Personnel Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower Borrowers shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1I) the provisions of this subsection shall govern and control;
Appears in 1 contract
Samples: Loan and Security Agreement (Greenman Technologies Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and neither Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 1 contract
Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)
Interest Laws. Notwithstanding any provision to the contrary ------------- contained in this Loan Agreement or any the Other AgreementAgreements, Borrower Borrowers shall not be required to pay, and Lender Agent shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any of the Other AgreementAgreements, then in such event: (1a) the provisions of this subsection Paragraph shall govern and control;; (
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and neither Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;any
Appears in 1 contract
Samples: Loan and Security Agreement (Pizza Inn Holdings, Inc /Mo/)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower shall not be required to pay, and neither Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”"EXCESS INTEREST"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementof the other Loan Documents, then in such event: (1) the provisions of this subsection 2.2(F) shall govern and control;
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other AgreementDocument, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection Section 2.3 shall govern and control;
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other AgreementDocument, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;competent
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other AgreementDocument, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any the Other AgreementAgreements, Borrower shall not be required to pay, and Lender Bank shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any of the Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;18
Appears in 1 contract
Samples: Loan and Security Agreement (Heartland Technology Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower Borrowers shall not be required to pay, and neither Collateral Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;; (2) Borrowers shall not be obligated to pay any Excess
Appears in 1 contract
Samples: Loan and Security Agreement (Sun Healthcare Group Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;or
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower shall not be required to pay, and Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for In determining whether or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement not the interest paid or in any Other Agreement, then in such event: (1) the provisions of this subsection shall govern and control;payable
Appears in 1 contract
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementthe other Loan Documents, Borrower shall not be required to pay, and neither Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementof the other Loan Documents, then in such event: (1) the provisions of this subsection 2.2(F) shall govern and control;
Appears in 1 contract
Samples: Credit Agreement (Lynch Corp)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower Borrowers shall not be required to pay, and neither Collateral Monitoring Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 1 contract
Samples: Loan and Security Agreement (Belding Heminway Co Inc /De/)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower Borrowers shall not be required to pay, and neither Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“"Excess Interest”"). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection shall govern and control;
Appears in 1 contract
Samples: Loan and Security Agreement (Sun Healthcare Group Inc)
Interest Laws. Notwithstanding any provision to the contrary contained in this Loan Agreement or any Other Agreementother Loan Document, Borrower shall not be required to pay, and neither the Agent nor any Lender shall not be permitted to collect, any amount of interest in excess of the maximum amount of interest permitted by applicable law (“Excess Interest”). If any Excess Interest is provided for or determined by a court of competent jurisdiction to have been provided for in this Loan Agreement or in any Other Agreementother Loan Document, then in such event: (1) the provisions of this subsection Section shall govern and control;
Appears in 1 contract
