Common use of Interest Limitation Clause in Contracts

Interest Limitation. The Note and all Loan Documents are intended to be performed in accordance with, and only to the extent permitted by, all applicable usury laws. If any provision hereof or of any of the other Loan Documents or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by the Note, or if Bank's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum 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 usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead of the Texas Finance Code for the purpose of determining the Maximum Rate. Additionally, to the maximum extent permitted by applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Interest Limitation. The Notwithstanding any other term of this Credit Agreement or any Note and all Loan Documents are intended or any other document referred to herein or therein, the maximum amount of interest which may be performed in accordance withcharged to or collected from any Person liable hereunder or under any Note by the Banks, shall be absolutely limited to, and only shall in no event exceed, the maximum amount of interest (the "Maximum Rate") which could lawfully be charged to collected under applicable law (including, to the extent permitted byapplicable, all applicable usury laws. If any provision hereof or the provisions of any Section 5197 of the other Loan Documents or Revised Statutes of the application thereof United States of America, as amended, 12 U.S.C. Section 85, as amended), so that the maximum of all amounts constituting interest under applicable law, howsoever computed, shall never exceed as to any person Person liable therefor the Maximum Rate, and any term of this Credit Agreement or circumstance shall, any Note or any other document referred to herein or therein which could be construed as providing for any reason and to any extent, be invalid or unenforceable, neither the application interest in excess of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained lawful maximum shall be affected thereby and shall be enforced hereby is made expressly subject to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced modified by the Noteprovisions of this paragraph. If If, in any month, the applicable law is ever revisedeffective interest rate on any amounts owing pursuant to this Credit Agreement, repealed the Notes or judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted forabsent the Maximum Rate limitation contained herein, chargedwould have exceeded the Maximum Rate, takenand if in the future months, reserved or received with respect such effective interest rate would otherwise be less than the Maximum Rate, then the effective interest rate for such month shall be increased to the indebtedness evidenced by Maximum Rate until such time as the Note, or if Bank's exercise amount of interest paid hereunder equals the option to accelerate the maturity amount of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness which would have been paid in full, refunded to Borrower), and if the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, same had not been limited by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum 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 usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead of the Texas Finance Code for the purpose of determining the Maximum Rate. AdditionallyIn the event that, upon payment in full of the Borrower's Obligations pursuant to this Credit Agreement, the maximum extent permitted by applicable law now Notes or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it the total amount of interest paid or accrued under the terms of this Credit Agreement is less than the total amount of interest which would have been paid or accrued had the interest not been limited hereby to the intention Maximum Rate, then the Borrower shall, to the extent permitted by such applicable federal, state or other law, pay to the Banks hereunder or under the Notes an amount equal to the excess, if any, of Bank (i) the lesser of (A) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect with respect to accelerate the maturity Obligations hereunder or under the Notes and (B) the amount of any interest that has which would have accrued had the effective interest rate applicable not been limited hereunder by the Maximum Rate over (ii) the amount of interest actually paid or accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationunder this Credit Agreement.

Interest Limitation. The Note and all Loan Documents are intended to be performed in accordance with, and only to the extent permitted by, all applicable usury laws. If any provision hereof or of any of the other Loan Documents or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by the Note, or if Bank's ’s exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum 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 usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead of the Texas [REDACTED] Finance Code for the purpose of determining the Maximum Rate. Additionally, to the maximum extent permitted by applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas [REDACTED] Finance Code or under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Interest Limitation. The Note and all Loan Documents are intended to be performed in accordance with, and only to the extent permitted by, all applicable usury laws. If any provision hereof or of any of the other Loan Documents or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to Maker and Payee at all times to comply with the usury and other applicable laws now or hereafter Texas law governing the maximum rate or amount of interest payable on this Note or the indebtedness evidenced hereby and by the Noteother Loan Documents (or applicable United States federal law to the extent that it permits Payee to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If If (i) the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by this Note and the Noteother Loan Documents, or if Bank(ii) Payee's exercise of the option herein contained to accelerate the maturity of the Note, this Note or if any prepayment by Borrower or prepayment agreement Maker results (or would, if complied with, result) in Borrower Maker having paid, contracted for or been charged for paid any interest in excess of that permitted by applicable law, then it is the Maker's and ▇▇▇▇▇'s express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and (a) all excess amounts theretofore collected by Bank shall ▇▇▇▇▇ be credited on the principal balance of the this Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the this Note and all other Indebtedness have has been or would thereby be paid in full, refunded to BorrowerMaker), and (b) the provisions of the this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or and thereunder. All sums paid, paid or agreed to be paid, by Borrower paid to Payee for the use, forbearance, detention, taking, charging, receiving or reserving forbearance and detention of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to evidenced hereby and by the other Loan Documents shall, to the maximum 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 usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness debt is outstanding. To the extent that Payee is relying on Chapter 303, as amended, of the Texas Finance Code to determine the Maximum Lawful Rate payable on such indebtedness, Payee will utilize the weekly rate ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Bank Payee to contract for, charge or receive a greater amount of interestinterest than Texas law, Bank Payee will rely on United States federal law instead of the Texas Finance Code such Chapter 303, as amended, for the purpose of determining the Maximum Lawful Rate. Additionally, to the maximum extent permitted by applicable law now or hereafter in effect, Bank Payee may, at its option and from time to time, implement any other method of computing the Maximum Lawful Rate under the Texas Finance Code such Chapter 303, as amended, or under other applicable law, law by giving notice, if required, to Borrower Maker as provided by applicable law now or hereafter in effect. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the indebtedness evidenced hereby. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Interest Limitation. The Notwithstanding any other term of this Credit Agreement, any Note and all or any other Loan Documents are intended Document, the maximum amount of interest which may be charged to or collected from any Person liable hereunder, under any Note or under any other Loan Document by any Bank, shall be performed in accordance withabsolutely limited to, and only shall in no event exceed, the maximum amount of interest (the "Maximum Rate") which could lawfully be charged or collected under applicable law, so that the maximum of all amounts constituting interest under applicable law, howsoever computed, shall never exceed, as to any Person liable therefor, the extent permitted byMaximum Rate, all and any term of this Credit Agreement, any Note or any other Loan Document which could be construed as providing for interest in excess of such lawful maximum shall be and hereby is made expressly subject to and modified by the provisions of this Section. If, in respect of any applicable usury laws. If period, the effective interest rate on any provision hereof amounts owing pursuant to this Credit Agreement, the Notes or of any of the other Loan Documents or Documents, absent the application thereof Maximum Rate limitation contained herein, would have exceeded the Maximum Rate, and if in any applicable period, such effective interest rate would otherwise be less than the Maximum Rate, then the effective interest rate for such future applicable period shall be increased to any person or circumstance the Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not been limited by the Maximum Rate. In the event that a court of competent jurisdiction shall, for notwithstanding the provisions of this Section 8.11, determine that any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the Bank has received interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note hereunder or under any of the other Loan DocumentsDocuments in excess of the Maximum Rate, such excess shall, to the extent permitted by applicable law, be applied first to any interest not in excess of the Maximum Rate then due and not yet paid, then to the outstanding principal of the Loans, then to fees and any other unpaid Obligations, and thereafter shall be refunded to the Borrower or contracted foras a court of competent jurisdiction may otherwise order. In the event that, chargedupon payment in full of the Obligations, takenthe total amount of interest paid or accrued under the terms of this Credit Agreement is less than the total amount of interest which would have been paid or accrued had the interest not been limited hereby to the Maximum Rate, reserved then the Borrower shall, to the extent permitted by applicable law, pay to the Banks hereunder or received under the Notes an amount equal to the excess, if any, of (a) the lesser of (i) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect with respect to the indebtedness evidenced Obligations hereunder or under the Notes and (ii) the amount of interest which would have accrued had the applicable effective interest rate not been limited hereunder by the NoteMaximum Rate over (b) the amount of interest actually paid or accrued under this Credit Agreement. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rate, or if Bank's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and any Bank that or the Note and Administrative Agent, as the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note orcase may be, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum extent permitted by under applicable law, be amortized(i) characterize any non-principal payment as an expense, proratedfee, allocated or premium, rather than as interest, (ii) exclude any voluntary prepayments and the effects thereof, and (iii) spread the total amount of interest throughout the full entire contemplated term of such indebtedness until payment in full the Obligations so that the interest rate or amount is uniform throughout the entire term of interest on account of such indebtedness the Obligations. The term "applicable law" as used in this Section 8.11 means the law chosen pursuant to Section 24 hereof or, if (despite the parties' intentions otherwise) the forum court does not exceed enforce such contractual choice of law, the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To law after the extent federal forum court applies the choice of law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead rules of the Texas Finance Code for the purpose forum, including any federally mandated choice of determining the Maximum Ratelaw. Additionally, to the maximum extent permitted by The term includes applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable federal law, by giving notice, if required, to Borrower such as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any provisions of Section 5197 of the other Loan DocumentsRevised Statutes of the United States of America, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationas amended, 12 U.S.C. Section 85, as amended.

Interest Limitation. The Note and all Loan Documents are intended to be performed in accordance with, and only to the extent permitted by, all applicable usury laws. If any provision hereof or of any of the other Loan Documents or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by the Note, or if BankLender's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower Borrowers having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank Lender that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank Lender shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank Lender under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum 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 usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank Lender to contract for, charge or receive a greater amount of interest, Bank Lender will rely on federal law instead of the Texas Finance Code for the purpose of determining the Maximum RateLawful Rate (as defined in the Note). Additionally, to the maximum extent permitted by applicable law now or hereafter in effect, Bank Lender may, at its option and from time to time, implement any other method of computing the Maximum Lawful Rate under the Texas Finance Code or under other applicable law, by giving notice, if required, to Borrower Borrowers as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

Interest Limitation. The Notwithstanding any other term of this Credit Agreement, any Note and all or any other Loan Documents are intended Documents, the maximum amount of interest which may be charged to or collected from any Person liable hereunder or under any Note by the Lenders shall be performed in accordance withabsolutely limited to, and only shall in no event exceed, the maximum amount of interest (the "Maximum Rate") which could lawfully be charged or collected under applicable law (including, to the extent permitted byapplicable, the provisions of Section 5197 of the Revised Statutes of the United States of America, as amended, 12 U.S.C. Section 85, as amended), so that the maximum of all amounts constituting interest under applicable usury lawslaw, howsoever computed, shall never exceed as to any Person liable therefor the Maximum Rate, and any term of this Credit Agreement, any Note or any other Loan Document which could be construed as providing for interest in excess of such lawful maximum shall be and hereby is made expressly subject to and modified by the provisions of this paragraph. If If, in any provision hereof month, the effective interest rate on any amounts owing pursuant to this Credit Agreement, the Notes or of any of the other Loan Documents or Documents, absent the application thereof Maximum Rate limitation contained herein, would have exceeded the Maximum Rate, and if in any future month, such effective interest rate would otherwise be less than the Maximum Rate, then the effective interest rate for such month shall be increased to any person or circumstance the Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not been limited by the Maximum Rate. In the event that a court of competent jurisdiction shall, for any reason and to any extentnotwithstanding the provisions of this Section 5.13, be invalid or unenforceable, neither determine that the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the Lenders have received interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note hereunder or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by the Note, or if Bank's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest Documents in excess of that permitted by lawthe Maximum Rate, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum extent permitted by applicable law, be amortizedapplied first to any interest not in excess of the Maximum Rate then due and not yet paid, proratedthen to the outstanding principal of the Loans (without premium or penalty), allocated then to fees and spread throughout any other unpaid Obligations and thereafter shall be refunded to the full term Borrowers or as a court of such indebtedness until competent jurisdiction may otherwise order. In the event that, upon payment in full so that of the rate or Obligations, the total amount of interest on account paid or accrued under the terms of such indebtedness does not exceed this Credit Agreement is less than the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank to contract for, charge or receive a greater total amount of interest, Bank will rely on federal law instead of interest which would have been paid or accrued had the Texas Finance Code for the purpose of determining interest not been limited hereby to the Maximum Rate. Additionally, then the Borrowers shall, to the maximum extent permitted by such applicable law now federal, state or hereafter in effectother law, Bank maypay to the Lenders hereunder or under the Notes an amount equal to the excess, at its option and from time to timeif any, implement any other method of computing (a) the lesser of (i) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect with respect to the Obligations hereunder or under the Texas Finance Code Notes and (ii) the amount of interest which would have accrued had the applicable effective interest rate not been limited hereunder by the Maximum Rate over (b) the amount of interest actually paid or accrued under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationthis Credit Agreement.

Interest Limitation. The Notwithstanding any other term of this Credit Agreement, any Note and all or any other Loan Documents are intended Document, the maximum amount of interest which may be charged to or collected from any Person liable hereunder, under any Note or under any other Loan Document by any Bank, shall be performed in accordance withabsolutely limited to, and only shall in no event exceed, the maximum amount of interest (the "MAXIMUM RATE") which could lawfully be charged or collected under applicable law, so that the maximum of all amounts constituting interest under applicable law, howsoever computed, shall never exceed, as to any Person liable therefor, the extent permitted byMaximum Rate, all and any term of this Credit Agreement, any Note or any other Loan Document which could be construed as providing for interest in excess of such lawful maximum shall be and hereby is made expressly subject to and modified by the provisions of this Section. If, in respect of any applicable usury laws. If period, the effective interest rate on any provision hereof amounts owing pursuant to this Credit Agreement, the Notes or of any of the other Loan Documents or Documents, absent the application thereof Maximum Rate limitation contained herein, would have exceeded the Maximum Rate, and if in any applicable period, such effective interest rate would otherwise be less than the Maximum Rate, then the effective interest rate for such future applicable period shall be increased to any person or circumstance the Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not been limited by the Maximum Rate. In the event that a court of competent jurisdiction shall, for notwithstanding the provisions of this ss.7.6, determine -39- that any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the Bank has received interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note hereunder or under any of the other Loan DocumentsDocuments in excess of the Maximum Rate, such excess shall, to the extent permitted by applicable law, be applied first to any interest not in excess of the Maximum Rate then due and not yet paid, then to the outstanding principal of the Loans, then to fees and any other unpaid Obligations, and thereafter shall be refunded to the Borrowers or contracted foras a court of competent jurisdiction may otherwise order. In the event that, chargedupon payment in full of the Obligations, takenthe total amount of interest paid or accrued under the terms of this Credit Agreement is less than the total amount of interest which would have been paid or accrued had the interest not been limited hereby to the Maximum Rate, reserved then the Borrowers shall, to the extent permitted by applicable law, pay to the Banks hereunder or received under the Notes an amount equal to the excess, if any, of (a) the lesser of (i) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect with respect to the indebtedness evidenced Obligations hereunder or under the Notes and (ii) the amount of interest which would have accrued had the applicable effective interest rate not been limited hereunder by the NoteMaximum Rate over (b) the amount of interest actually paid or accrued under this Credit Agreement. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rate, the Borrowers and any Bank or if Bank's exercise of the option to accelerate Administrative Agent, as the maturity of the Notecase may be, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum extent permitted by under applicable law, be amortized(i) characterize any non-principal payment as an expense, proratedfee, allocated or premium, rather than as interest, (ii) exclude any voluntary prepayments and the effects thereof, and (iii) spread the total amount of interest throughout the full entire contemplated term of such indebtedness until payment in full the Obligations so that the interest rate or amount is uniform throughout the entire term of interest on account of such indebtedness the Obligations. The term "applicable law" as used in this ss.7.6 means the law chosen pursuant to ss.22 hereof or, if (despite the parties' intentions otherwise) ThE forum court does not exceed enforce such contractual choice of law, the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To law after the extent federal forum court applies the choice of law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead rules of the Texas Finance Code for the purpose forum, including any federally mandated choice of determining the Maximum Ratelaw. Additionally, to the maximum extent permitted by The term includes applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable federal law, by giving notice, if required, to Borrower such as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any provisions of Section 5197 of the other Loan DocumentsRevised Statutes of the United States of America, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationas amended, 12 U.S.C. Section 85, as amended.

Interest Limitation. The Note and all In no contingency or event whatsoever shall the amount of interest under the Loan Documents are intended to be performed in accordance withpaid by any Borrower, and only to the extent permitted byreceived by Lender, all applicable usury laws. If any provision hereof or of any of the other Loan Documents or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced paid by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan DocumentsBorrower, or contracted forrequested or demanded to be paid by Lender, chargedexceed the Maximum Rate. In the event any such sums paid to Lender by any Borrower would exceed the Maximum Rate, taken, reserved or received with respect Lender shall automatically apply such excess to the indebtedness evidenced by the Note, or if Bank's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the unpaid principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been amount of such excess exceeds said unpaid principal, such excess shall be paid in full, refunded to such Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by any Borrower which are or hereafter may be construed to be compensation for the use, forbearance, detentionor detention of money shall be amortized, takingprorated, charging, receiving or reserving spread and allocated in respect of the indebtedness Obligations throughout the full Contract Term until the Obligations are paid in full. Notwithstanding any provisions contained in the Loan Documents, or in any notes or other related documents executed pursuant hereto, Lender shall never be entitled to receive, collect or apply as interest any amount in excess of the Maximum Rate and, in the event Lender ever receives, collects, or applies any amount in respect of any Borrower that otherwise would be in excess of the Maximum Rate, such amount shall automatically be deemed to Bank be applied in reduction of the unpaid principal balance of the Obligations and, if such principal balance is paid in full, any remaining excess shall forthwith be paid to such Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Note or arising under or pursuant to the other Loan Documents Maximum Rate, Borrowers and Lender shall, to the maximum extent permitted by under applicable law, be amortized(i) characterize any non-principal payment as a standby fee, proratedcommitment fee, 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 usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank to contract forprepayment charge, delinquency charge or receive a greater amount of interest, Bank will rely on federal law instead of the Texas Finance Code reimbursement for the purpose of determining the Maximum Rate. Additionally, to the maximum extent permitted by applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.a

Interest Limitation. The Notwithstanding any other term of this Credit Agreement, any Note and all or any other Loan Documents are intended Documents, the maximum amount of interest which may be charged to or collected from any Person liable hereunder or under any Note by the Lenders, shall be performed in accordance withabsolutely limited to, and only shall in no event exceed, the maximum amount of interest (the "Maximum Rate") which could lawfully be charged or collected under applicable law (including, to the extent permitted byapplicable, all applicable usury laws. If any provision hereof or the provisions of any Section 5197 of the Revised Statutes of the United States of America, as amended, 12 U.S.C. Section 85, as amended), so that the maximum of all amounts constituting interest under applicable law, howsoever computed, shall never exceed as to any Person liable therefor the Maximum Rate, and any term of this Credit Agreement, any Note or any other Loan Documents or the application thereof to any person or circumstance shall, Document which could be construed as providing for any reason and to any extent, be invalid or unenforceable, neither the application interest in excess of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained lawful maximum shall be affected thereby and shall be enforced hereby is made expressly subject to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced modified by the Noteprovisions of this paragraph. If If, in any month, the applicable law is ever revisedeffective interest rate on any amounts owing pursuant to this Credit Agreement, repealed the Notes or judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted forabsent the Maximum Rate limitation contained herein, chargedwould have exceeded the Maximum Rate, takenand if in any future month, reserved or received with respect such effective interest rate would otherwise be less than the Maximum Rate, 49 -43- then the effective interest rate for such month shall be increased to the indebtedness evidenced Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not been limited by the NoteMaximum Rate. In the event that a court of competent jurisdiction shall, notwithstanding the provisions of this Section 5.12, determine that the Lenders have received interest hereunder or if Bank's exercise under any of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest Loan Documents in excess of that permitted by lawthe Maximum Rate, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum extent permitted by applicable law, be amortizedapplied first to any interest not in excess of the Maximum Rate then due and not yet paid, proratedthen to the outstanding principal of the Loans (without premium or penalty), allocated then to fees and spread throughout any other unpaid Obligations and thereafter shall be refunded to the full term Borrowers or as a court of such indebtedness until competent jurisdiction may otherwise order. In the event that, upon payment in full so that of the rate or Obligations, the total amount of interest on account paid or accrued under the terms of such indebtedness does not exceed this Credit Agreement is less than the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank to contract for, charge or receive a greater total amount of interest, Bank will rely on federal law instead of interest which would have been paid or accrued had the Texas Finance Code for the purpose of determining interest not been limited hereby to the Maximum Rate. Additionally, then the Borrowers shall, to the maximum extent permitted by such applicable law now federal, state or hereafter in effectother law, Bank maypay to the Lenders hereunder or under the Notes an amount equal to the excess, at its option and from time to timeif any, implement any other method of computing (a) the lesser of (i) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect with respect to the Obligations hereunder or under the Texas Finance Code Notes and (ii) the amount of interest which would have accrued had the applicable effective interest rate not been limited hereunder by the Maximum Rate over (b) the amount of interest actually paid or accrued under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationthis Credit Agreement.

Interest Limitation. The Notwithstanding any other term of this Credit Agreement, any Note and all or any other Loan Documents are intended Document, the maximum amount of interest which may be charged to or collected from any Person liable hereunder, under any Note or under any other Loan Document by any Lender, shall be performed in accordance withabsolutely limited to, and only shall in no event exceed, the maximum amount of interest (the "MAXIMUM RATE") which could lawfully be charged or collected under applicable law, so that the maximum of all amounts constituting interest under applicable law, howsoever computed, shall never exceed, as to any Person liable therefor, the extent permitted byMaximum Rate, all and any term of this Credit Agreement, any Note or any other Loan Document which could be construed as providing for interest in excess of such lawful maximum shall be and hereby is made expressly subject to and modified by the provisions of this Section. If, in respect of any applicable usury laws. If period, the effective interest rate on any provision hereof amounts owing pursuant to this Credit Agreement, the Notes or of any of the other Loan Documents or Documents, absent the application thereof Maximum Rate limitation contained herein, would have exceeded the Maximum Rate, and if in any applicable period, such effective interest rate would otherwise be less than the Maximum Rate, then the effective interest rate for such future applicable period shall be increased to any person or circumstance the Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not been limited by the Maximum Rate. In the event that a court of competent jurisdiction shall, for notwithstanding the provisions of this ss.7.6, determine that any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the Lender has received interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note hereunder or under any of the other Loan DocumentsDocuments in excess of the Maximum Rate, such excess shall, to the extent permitted by applicable law, be applied first to any interest not in excess of the Maximum Rate then due and not yet paid, then to the outstanding principal of the Loans, then to fees and any other unpaid Obligations, and thereafter shall be refunded to the Borrowers or contracted foras a court of competent jurisdiction may otherwise order. In the event that, chargedupon payment in full of the Obligations, takenthe total amount of interest paid or accrued under the terms of this Credit Agreement is less than the total amount of interest which would have been paid or accrued had the interest not been limited hereby to the Maximum Rate, reserved then the Borrowers shall, to the extent permitted by applicable law, pay to the Lenders hereunder or received under the Notes an amount equal to the excess, if any, of (a) the lesser of (i) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect with respect to the indebtedness evidenced Obligations hereunder or under the Notes and (ii) the amount of interest which would have accrued had the applicable effective interest rate not been limited hereunder by the NoteMaximum Rate over (b) the amount of interest actually paid or accrued under this Credit Agreement. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rate, the Borrowers and any Lender, the Co-Agent or if Bank's exercise of the option to accelerate Administrative Agent, as the maturity of the Notecase may be, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum extent permitted by under applicable law, be amortized(i) characterize any non-principal payment as an expense, proratedfee, allocated or premium, rather than as interest, (ii) exclude any voluntary prepayments and the effects thereof, and (iii) spread the total amount of interest throughout the full entire contemplated term of such indebtedness until payment in full the Obligations so that the interest rate or amount is uniform throughout the entire term of interest on account of such indebtedness the Obligations. The term "applicable law" as used in this ss.7.6 means the law chosen pursuant to ss.22 hereof or, if (despite the parties' intentions otherwise) the forum court does not exceed enforce such contractual choice of law, the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To law after the extent federal forum court applies the choice of law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead rules of the Texas Finance Code for the purpose forum, including any federally mandated choice of determining the Maximum Ratelaw. Additionally, to the maximum extent permitted by The term includes applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable federal law, by giving notice, if required, to Borrower such as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any provisions of Section 5197 of the other Loan DocumentsRevised Statutes of the United States of America, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationas amended, 12 U.S.C. Section 85, as amended.

Interest Limitation. The Note and all Loan Documents are intended to be performed in accordance with, and only to the extent permitted by, all applicable usury laws. If any provision hereof or of any of the other Loan Documents or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to Borrower and Lender at all times to comply with the usury and other applicable laws now or hereafter Texas law governing the maximum rate of interest payable on the indebtedness evidenced by the Note, this Security Instrument and the Related Debt (or 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 Texas law). If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or (i) contracted for, charged, taken, reserved or received with respect pursuant to the indebtedness evidenced by the Note, this Security Instrument, any of the other Loan Documents or if Bank's any other communication or writing by or between Borrower and Lender related to the transaction or transactions that are the subject matter of the Loan Documents, (ii) contracted for, charged, taken, reserved or received by reason of Lender’s exercise of the option to accelerate the maturity of the NoteNote and/or the Related Debt, or if (iii) Borrower will have paid or Lender will have received by reason of any voluntary prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by lawthe Note and/or the Related Debt, then it is the Borrower’s and Lender’s express intent that all amounts charged in excess of Borrower and Bank that the Note and the other Loan Documents Maximum Lawful Rate shall be limited to the extent necessary to prevent such result automatically canceled, ab initio, and all amounts in excess amounts of the Maximum Lawful Rate theretofore collected by Bank Lender shall be credited on the principal balance of this Note and/or the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding Related Debt (or, if the Note and all other Indebtedness Related Debt have been or would thereby be paid in full, refunded to Borrower), and the provisions of the Note Note, this Security Instrument and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable collectible hereunder and thereunder reduced, without the necessity of for the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if the Note has been paid in full before the end of the stated term of the Note, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or thereunderis advised by Borrower that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against the Note and/or any Related Debt then owing by Borrower to Lender. Borrower hereby agrees that as a condition precedent to any claim seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation, and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against the Note and/or the Related Debt then owing by Borrower to Lender. All sums paidcontracted for, charged, taken, reserved or agreed to be paid, received by Borrower Lender for the use, forbearance, detention, taking, charging, receiving forbearance or reserving detention of the indebtedness of Borrower to Bank under any debt evidenced by the Note or arising under or pursuant to the other Loan Documents and/or Related Debt shall, to the maximum extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated and spread throughout the full stated term of such indebtedness the Note and/or Related Debt (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of such indebtedness the Note and/or the Related Debt does not exceed the usury ceiling Maximum Lawful Rate from time to time in effect and applicable to such indebtedness this Note and/or the Related Debt for so long as such indebtedness debt is outstanding. To In no event shall the extent federal law permits Bank to contract for, charge or receive a greater amount provisions of interest, Bank will rely on federal law instead Chapter 346 of the Texas Finance Code for the purpose of determining the Maximum Rate. Additionally, (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the maximum extent permitted by applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effectNote and/or Related Debt. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.the

Interest Limitation. The Notwithstanding any other term of this Agreement, any Note and all or any other Loan Documents are intended Document, the maximum amount of interest which may be charged to or collected from any Person liable hereunder, under any Note or under any other Loan Document by any Lender, shall be performed in accordance withabsolutely limited to, and only shall in no event exceed, the maximum amount of interest (the "Maximum Rate") which could lawfully be charged or collected under applicable law, so that the maximum of all amounts constituting interest under applicable law, howsoever computed, shall never exceed, as to any Person liable therefor, the extent permitted byMaximum Rate, all and any term of this Agreement, any Note or any other Loan Document which could be construed as providing for interest in excess of such lawful maximum shall be and hereby is made expressly subject to and modified by the provisions of this Section. If, in respect of any applicable usury laws. If period, the effective interest rate on any provision hereof amounts owing pursuant to this Agreement, the Notes or of any of the other Loan Documents or Documents, absent the application thereof Maximum Rate limitation contained herein, would have exceeded the Maximum Rate, and if in any applicable period, such effective interest rate would otherwise be less than the Maximum Rate, then the effective interest rate for such future applicable period shall be increased to any person or circumstance the Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not been limited by the Maximum Rate. In the event that a court of competent jurisdiction shall, for notwithstanding the provisions of this Section 2.29, determine that any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the Lender has received interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note hereunder or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by the Note, or if Bank's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest Documents in excess of that permitted by lawthe Maximum Rate, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum extent permitted by applicable law, be amortizedapplied first to any interest not in excess of the Maximum Rate then due and not yet paid, proratedthen to the outstanding principal of the Loans, allocated then to fees and spread throughout any other unpaid Obligations, and thereafter shall be refunded to the full term Borrower or as a court of such indebtedness until competent jurisdiction may otherwise order. In the event that, upon payment in full so that of the rate or Obligations, the total amount of interest on account paid or accrued under the terms of such indebtedness does not exceed this Agreement is less than the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank to contract for, charge or receive a greater total amount of interest, Bank will rely on federal law instead of interest which would have been paid or accrued had the Texas Finance Code for the purpose of determining interest not been limited hereby to the Maximum Rate. Additionally, then the Borrower shall, to the maximum extent permitted by applicable law now law, pay to the Lenders hereunder or hereafter in effectunder the Notes an amount equal to the excess, Bank mayif any, at its option and from time to time, implement any other method of computing (a) the lesser of (i) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect with respect to the Obligations hereunder or under the Texas Finance Code Notes and (ii) the amount of interest which would have accrued had the applicable effective interest rate not been limited hereunder by the Maximum Rate over (b) the amount of interest actually paid or accrued under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effectthis Agreement. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.In

Interest Limitation. The Note and all Loan Documents All agreements between us are intended to be performed hereby limited so that in accordance withno contingency or event whatsoever, and only to the extent permitted by, all applicable usury laws. If any provision hereof or whether by reason of any acceleration of the other Loan Documents or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application maturity of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced by or secured thereby or otherwise, shall the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note or under any rate of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by the Note, or if Bank's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been interest charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower charged to you for the use, forbearance, detentionloaning or detention of such indebtedness (the "Stated Rate") exceed the maximum permissible interest rate under applicable law ("Maximum Rate"). If for any reason or in any circumstance whatsoever fulfillment of any provision of this Agreement and/or any document securing or executed in connection with this Agreement, takingor any other agreement between us, chargingat any time shall require or permit the interest rate applied thereunder to exceed the Maximum Rate, receiving or reserving then the interest rate shall automatically be reduced to the Maximum Rate, and if you should ever receive interest at a rate that would exceed the Maximum Rate, the amount of interest received which would be in excess of the indebtedness of Borrower to Bank under amount receivable after applying the Note or arising under or pursuant Maximum Rate to the other Loan Documents balance of the outstanding obligation shall be applied to the reduction of the principal balance of the outstanding obligation for which the amount was paid and not to the payment of interest thereunder; provided, however, that if at any time thereafter the Stated Rate is less than the Maximum Rate, we shall, to the maximum extent permitted by applicable law, be amortized, prorated, allocated and spread throughout continue to pay interest at the full term of Maximum Rate until such indebtedness until payment in full so that time as the rate or amount of total interest on account of such indebtedness does not exceed received by you is equal to the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To total interest which you would have received had the extent federal law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead of the Texas Finance Code Stated Rate been (but for the purpose operation of determining this provision) the interest rate payable. Thereafter, the interest rate payable shall be the Stated Rate unless and until the Stated Rate again exceeds the Maximum Rate, in which event the provisions contained in this provision against shall apply. AdditionallyThis provision shall control every other provision of any and all agreements between us. THE DELICIOUS FROOKIE COMPANY, INC., a Delaware corporation By: /s/ Rich▇▇▇ ▇▇▇▇▇ -------------------------------- Name: Rich▇▇▇ ▇▇▇▇▇ -------------------------------- Its: Chief Financial Officer -------------------------------- ACCEPTED AND ACKNOWLEDGED THIS 27TH DAY OF NOVEMBER, 1996 BY: REPUBLIC ACCEPTANCE CORPORATION, a Minnesota corporation By: /s/ Timo▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ -------------------------------- Name: Timo▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ -------------------------------- Its: Regional Manager -------------------------------- -13- 14 EXHIBIT A WB Letter Agreement ------------------- Please see attached. [DELICIOUS/FROOKIE LETTERHEAD] Aug. 27, 1996 Mr. Warr▇▇ ▇▇▇▇▇ ▇ & B Distributors 219 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇ ▇▇ar Warr▇▇, ▇his will summarize the agreement between W & B Distributors and Delicious Frookie Co. regarding repayment of W & B's settled accounts receivable balance of $739,180.43 during the period September 1996 through August 1997. During this period W & B Distributors agree to the maximum extent permitted by applicable law now following payment schedule: A. An immediate payment of $39,533.78. B. Individual monthly payments of $6,500 for the period September - February due on the last Thursday of each month. C. Individual monthly payments of $8,000.00 for the period March - August due on the last Thursday of each month. In addition, W & B agrees to make the best faith effort to obtain additional financing from either banks, finance companies or hereafter other outside sources to accelerate the payment of all past accounts receivables. W & B also agrees that if they miss a monthly payment or allow current receivables to become past due, they will lose their thirty day terms and revert to COD. Both parties agree to review this arrangement in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not May 1997 with the intention of negotiating a new payment arrangement for the future. W & B Distributors agrees to add the Brow▇ ▇▇▇up to all UCC Filings currently held by Delicious Frookie Co. Warr▇▇, ▇▇ appreciate your cooperation in getting to this stage and hope that we have a profitable future relationship. /s/ Rich▇▇▇ ▇▇▇▇▇ Sept. 21, 1996 ------------------------------ ------------------------ Rich▇▇▇ ▇▇▇▇▇ Dated /s/ Warr▇▇ ▇▇▇▇▇ Sept. 17, 1996 ------------------------------ ------------------------ Warr▇▇ ▇▇▇▇▇ Dated cc: Jeff▇▇ ▇▇▇▇▇▇ Bob ▇▇▇▇▇▇▇ ▇▇b:BW SCHEDULE I Loans: Advances to Officers, Directors and Affiliates Advance to Rich▇▇▇ ▇▇▇▇▇ - $54,510.00 Description of Subordinated Indebtedness, including Names of Subordinated Note Holders, Amounts Due and Other Material Terms Five year 9% Subordinated Convertible Promissory Notes totaling $2,110,000.00 paying interest semi-annually on January 20 and July 20 due on April 27, 1999 Subscriber Amount Invested ---------- --------------- A-1 International Foods $100,000.00 The Beanstalk Group 50,000.00 Warr▇▇ ▇. ▇▇▇▇▇ 100,000.00 The C G Biscuit Company Inc. 50,000.00 Thom▇▇ ▇. ▇▇▇▇▇ 16,666.66 Patr▇▇▇ ▇. ▇▇▇▇▇ 10,000.00 Jeff▇▇▇ ▇▇▇ Rene▇ ▇▇▇▇▇ 10,000.00 Harr▇▇▇ ▇▇▇ Jerr▇ ▇▇▇▇ 100,000.00 Stan▇▇▇ ▇▇▇ Suza▇▇▇ ▇▇▇▇ 100,000.00 Irving and Rose ▇▇▇▇ 100,000.00 Jose▇▇ ▇▇▇▇▇▇▇▇ 16,666.67 Jame▇ ▇▇▇ Vera ▇▇▇▇ 50,000.00 Alison Greenhouse 50,000.00 Davi▇ ▇▇▇enhouse 50,000.00 Kris▇▇▇ ▇▇▇enhouse 50,000.00 Scot▇ ▇▇▇enhouse 50,000.00 Howa▇▇ ▇. ▇▇▇▇▇▇ 25,000.00 Jame▇ ▇▇▇ Eliz▇▇▇▇▇ ▇▇▇▇ 17,000.00 Jero▇▇ ▇▇▇ Leig▇ ▇▇▇▇ 17,000.00 Thom▇▇ ▇▇▇ Brid▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 10,000.00 Kurt ▇▇▇▇▇▇▇▇ 5,000.00 Howa▇▇ ▇. ▇▇▇▇▇▇ 50,000.00 Alan ▇. ▇'▇▇▇▇▇ 10,000.00 Bria▇ ▇. ▇'▇▇▇▇▇ 10,000.00 Robe▇▇ ▇▇▇ Mari▇▇▇ ▇'▇▇▇▇▇ 270,000.00 Provident Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.FBO 40,000.00 Dona▇▇ ▇. ▇▇▇m▇▇▇, ▇▇▇ Provident Bank FBO 40,000.00 Joan ▇. ▇▇▇▇▇▇▇, ▇▇A ▇▇▇▇▇▇▇▇ ▇. Rabi▇, ▇▇▇ 30,000.00 Lori ▇. ▇▇▇i▇, ▇▇▇ 20,000.00 Beve▇▇▇ ▇▇▇▇▇▇▇▇▇ 100,000.00 I. Paul ▇▇▇▇▇▇▇▇▇ 100,000.00 Dona▇▇ ▇▇▇ Joan ▇▇▇▇▇▇▇ 50,000.00 Jame▇ ▇▇▇ Dian▇ ▇▇▇▇▇▇▇ 22,000.00 Mich▇▇▇ ▇. ▇▇▇▇▇▇▇ 17,000.00 Mich▇▇▇ ▇. ▇▇▇▇▇▇▇, 20,000.00 Guardian for Eric ▇▇▇h▇▇▇ ▇▇▇▇▇▇▇ Robe▇▇ ▇▇▇ Judy ▇▇▇▇▇▇▇ 77,000.00 Ruth ▇. ▇▇▇▇▇▇▇ 60,000.00 Mich▇▇▇ ▇▇▇ Myrn▇ ▇▇▇▇▇▇▇ 50,000.00 Robe▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇esident 50,000.00 Thom▇▇▇▇ ▇▇▇cuit Company, Inc. Rich▇▇▇ ▇▇▇ Rand▇▇ ▇▇▇th 100,000.00 Robe▇▇ ▇▇▇▇▇▇▇▇▇ 16,666.67 --------- $2,110,000.00 ============= SCHEDULE II Inventory Locations ------------------- Mrs. Alison's Bakery c/o Todd ▇▇▇▇▇▇▇ ▇▇▇8 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇. Louis, MO 63132

Interest Limitation. The Notwithstanding any other term of this Credit Agreement, any Note and all or any other Loan Documents are intended Document, the maximum amount of interest which may be charged to or collected from any Person liable hereunder, under any Note or under any other Loan Document by any Bank, shall be performed in accordance withabsolutely limited to, and only shall in no event exceed, the maximum amount of interest (the "Maximum Rate") which could lawfully be charged or collected under applicable law, so that the maximum of all amounts constituting interest under applicable law, howsoever computed, shall never exceed, as to any Person liable therefor, the extent permitted byMaximum Rate, all and any term of this Credit Agreement, any Note or any other Loan Document which could be construed as providing for interest in excess of such lawful maximum shall be and hereby is made expressly subject to and modified by the provisions of this Section. If, in respect of any applicable usury laws. If period, the effective interest rate on any provision hereof amounts owing pursuant to this Credit Agreement, the Notes or of any of the other Loan Documents or Documents, absent the application thereof Maximum Rate limitation contained herein, would have exceeded the Maximum Rate, and if in any applicable period, such effective interest rate would otherwise be less than the Maximum Rate, then the effective interest rate for such future applicable period shall be increased to any person or circumstance the Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not been limited by the Maximum Rate. In the event that a court of competent jurisdiction shall, for notwithstanding the provisions of this Section 8.7, determine that any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the Bank has received interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note hereunder or under any of the other Loan DocumentsDocuments in excess of the Maximum Rate, such excess shall, to the extent permitted by applicable law, be applied first to any interest not in excess of the Maximum Rate then due and not yet paid, then to the outstanding principal of the Loans, then to fees and any other unpaid Obligations, and thereafter shall be refunded to the Borrower or contracted foras a court of competent jurisdiction may otherwise order. In the event that, chargedupon payment in full of the Obligations, takenthe total amount of interest paid or accrued under the terms of this Credit Agreement is less than the total amount of interest which would have been paid or accrued had the interest not been limited hereby to the Maximum Rate, reserved then the Borrower shall, to the extent permitted by applicable law, pay to the Banks hereunder or received under the Notes an amount equal to the excess, if any, of (a) the lesser of (i) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect with respect to the indebtedness evidenced Obligations hereunder or under the Notes and (ii) the amount of interest which would have accrued had the applicable effective interest rate not been limited hereunder by the NoteMaximum Rate over (b) the amount of interest actually paid or accrued under this Credit Agreement. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rate, or if Bank's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and any Bank that or the Note and Administrative Agent, as the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note orcase may be, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been paid in full, refunded to Borrower), and the provisions of the Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents shall, to the maximum extent permitted by under applicable law, be amortized(i) characterize any non-principal payment as an expense, proratedfee, allocated or premium, rather than as interest, (ii) exclude any voluntary prepayments and the effects thereof, and (iii) spread the total amount of interest throughout the full entire contemplated term of such indebtedness until payment in full the Obligations so that the interest rate or amount is uniform throughout the entire term of interest on account of such indebtedness the Obligations. The term "applicable law" as used in this Section 8.7 means the law chosen pursuant to Section 24 hereof or, if (despite the parties' intentions otherwise) the forum court does not exceed enforce such contractual choice of law, the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To law after the extent federal forum court applies the choice of law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead rules of the Texas Finance Code for the purpose forum, including any federally mandated choice of determining the Maximum Ratelaw. Additionally, to the maximum extent permitted by The term includes applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable federal law, by giving notice, if required, to Borrower such as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any provisions of Section 5197 of the other Loan DocumentsRevised Statutes of the United States of America, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationas amended, 12 U.S.C. Section 85, as amended.

Interest Limitation. The Note and It is the intention of the parties hereto ------------------- that each Bank shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Bank under laws applicable to it (including the laws of the United States of America or any (a) the aggregate of all consideration which constitutes interest under laws applicable to any Bank that is contracted for, taken, reserved, charged or received by such Bank under the Loan Documents are intended to be performed Documents, the Credit Agreement or any other agreements entered into in accordance withconnection with or as security for the Obligations or otherwise in connection with the Obligations shall under no circumstances exceed the maximum amount allowed by such applicable law, and only any excess shall be cancelled automatically and if theretofore paid shall be credited by such Bank on the principal amount of the Indebtedness (or, to the extent permitted by, all applicable usury laws. If any provision hereof or of any that the principal amount of the other Loan Documents or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained Indebtedness shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder of the Note to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced by the Note. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by the Note, or if Bank's exercise of the option to accelerate the maturity of the Note, or if any prepayment by Borrower or prepayment agreement results (or would, if complied with, result) in Borrower having paid, contracted for or been charged for any interest in excess of that permitted by law, then it is the express intent of Borrower and Bank that the Note and the other Loan Documents shall be limited to the extent necessary to prevent such result and all excess amounts theretofore collected by Bank shall be credited on the principal balance of the Note or, if fully paid, upon such other Indebtedness as shall then remaining outstanding (or, if the Note and all other Indebtedness have been or would thereby be paid in full, refunded by such Bank to the Borrower), ; and (b) in the provisions event that the maturity of the Note and Loans is accelerated, or in the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution event of any new documentrequired or permitted prepayment, so as then such consideration that constitutes interest under law applicable to comply with any Bank may never include more than the then maximum amount allowed by such applicable law, but so and excess interest, if any, provided for in this Credit Agreement or otherwise shall be cancelled automatically by such Bank as to permit the recovery of the fullest date of such acceleration or prepayment and, if therefore paid, shall be credited by such Bank on the principal amount otherwise called for hereunder of the Indebtedness (or, to the extent that the principal amount of the Indebtedness shall have been or thereunderwould thereby be paid in full, refunded by such Bank to the Borrower). All sums paid, paid or agreed to be paid, by Borrower paid to any Bank for the use, forbearance, detention, taking, charging, receiving forbearance or reserving detention of the indebtedness of Borrower to Bank under the Note or arising under or pursuant to the other Loan Documents sums due hereunder shall, to the maximum extent permitted by laws applicable lawto such Bank, be amortized, prorated, allocated and spread throughout through the full term of such indebtedness the Loans until payment in full so that the rate or amount of interest on account of such indebtedness any Loans does not exceed the usury maximum amount allowed by such applicable law. If at any time and from time to time (a) the amount of interest payable to any Bank on any date shall be computed at the highest lawful rate applicable to such Bank pursuant to this paragraph and (b) in respect of any subsequent interest computation period the amount of interest otherwise payable to such Bank would be less than the amount of interest payable to such Bank computed at the highest lawful rate applicable to such Bank, then the amount of interest payable to such Bank in respect of such subsequent interest computation period shall continue to be computed at the highest lawful rate applicable to such Bank until the total amount of interest payable to such Bank shall equal the total amount of interest which would have been payable to such Bank if the total amount of interest had been computed without giving effect to this paragraph. To the extent that Article 5069-1.04 of the Texas Revised Civil Statutes is relevant to any Bank for the purpose of determining the highest lawful rate, each such Bank hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Bank to contract for, charge or receive a greater amount of interest, Bank will rely on federal law instead of the Texas Finance Code for the purpose of determining the Maximum Rate. Additionally, to the maximum extent permitted by applicable law now or hereafter in effect, Bank may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code or under other applicable law, by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Bank to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.