Common use of Interest Rate Limitation Clause in Contracts

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Administrative Agent and the Lender holding such Loan in accordance with Applicable applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable applicable Requirements of Law (collectively, collectively the “chargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable applicable Requirements of Law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charged Amounts that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable Law applicable law (collectively, the “chargesApplicable Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable applicable Requirements of Law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Applicable Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Applicable Charges that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Applicable Charges payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable applicable Requirements of Law (collectively, collectively the “chargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable applicable Requirements of Law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charged Amounts that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or periods Letters of Credit shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanAdvance or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan Advance or Letter of Credit under Applicable Law applicable law (collectively, the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding making such Loan Advance or the LC Issuing Bank issuing such Letter of Credit in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan Advance or Letter of Credit hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges that would have been paid payable in respect of such Loan Advance or Letter of Credit but were not paid payable as a result of the operation of this Section 8.18 shall be cumulated and the interest and charges payable to such Lender or LC Issuing Bank in respect of other Loans Advances or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate thereforapplicable thereto) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day Applicable Margin to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender or LC Issuing Bank; provided that exceeds if Texas law shall establish the maximum amount collectible at Maximum Rate, the Maximum Rate shall be applied to the reduction applicable weekly ceiling under Chapter 303 of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateTexas Finance Code.

Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the applicable interest rate applicable to any Loanrate, together with all fees, fees and charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectivelycollectively the "CHARGES"), “charges”)as provided for herein or in any other document executed in connection herewith, or otherwise contracted for, charged, received, taken or reserved by any Lender, shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the such Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect on the Loans of such Loan hereunderLender, together with all charges Charges payable in respect thereofto such Lender, shall be limited to the Maximum Rate. To . (b) If the extent lawfulamount of interest, together with all Charges, payable for the account of any Lender in respect of any interest computation period is reduced pursuant to paragraph (a) of this Section and charges that the amount of interest, together with all Charges, payable for such Lender's account in respect of any subsequent interest computation period, computed pursuant to Section 2.07, would have been paid be less than the Maximum Rate, then the amount of interest, together with all Charges, payable for such Lender's account in respect of such Loan but were not paid as a result of subsequent interest computation period shall, to the operation of this Section shall extent permitted by applicable law, be cumulated and the interest and charges payable automatically increased to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so Rate; provided that at no time shall the aggregate amount by which interest and charges paid or payable in respect for the account of such Loan any Lender has been increased pursuant to this paragraph (b) exceed the maximum aggregate amount collectible at the Maximum Rateby which interest, together with all Charges, paid for its account has theretofore been reduced pursuant to paragraph (a) of this Section.

Interest Rate Limitation. Notwithstanding anything any provisions of this Agreement, the Notes or any Security Documents, in no event shall the amount of interest paid or agreed to be paid by the Borrowers exceed an amount computed at the highest rate of interest permissible under applicable law. If, from any circumstances whatsoever, fulfillment of any provision of this Agreement, the Notes or any Security Documents at the time performance of such provision shall be due, shall involve exceeding the interest rate limitation validly prescribed by law which a court of competent jurisdiction may deem applicable hereto, then, ipso facto, the obligations to be fulfilled shall be reduced to an amount computed at the highest rate of interest permissible under applicable law, and if for any reason whatsoever the Banks shall ever receive as interest an amount which would be deemed unlawful under such applicable law such interest shall be automatically applied to the payment of principal of the Advances outstanding and other obligations of the Borrowers hereunder (whether or not then due and payable) and not to the payment of interest, or shall be refunded to the Borrowers if such principal has been paid in full. Anything herein to the contrarycontrary notwithstanding, if at the obligations of the Borrowers under this Agreement shall be subject to the limitation that payments of interest shall not be required to the extent that receipt of any time such payment by the interest rate Banks would be contrary to provisions of law applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed the Banks which limits the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall which may be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans charged or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateBanks.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable applicable Requirements of Law (collectively, collectively the “chargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable applicable Requirements of Law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charged Amounts that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section 9.19 shall be cumulated and the interest and charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein Regardless of any provision contained in any Loan Document, neither the Administrative Agent nor any Lender shall ever be entitled to the contrarycontract for, if at any time the interest rate applicable to any Loancharge, together with all feestake, charges and other amounts that are treated reserve, receive, or apply, as interest on such Loan under Applicable Law (collectivelyall or any part of the Obligations, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan any amount in accordance with Applicable Law, the rate excess of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of and, if any Lender ever does so, then such Loan but were not paid as a result of the operation of this Section excess shall be cumulated deemed a partial prepayment of principal and the interest treated hereunder as such and charges payable to such Lender in respect of other Loans or periods any remaining excess shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall Borrower. In determining if the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at exceeds the Maximum Rate, the Borrower and the Lenders shall, to the maximum extent permitted under applicable Law, (a) treat all Borrowings as but a single extension of credit (and the Lenders and the Borrower agree that such is the case and that provision herein for multiple Borrowings is for convenience only), (b) characterize any nonprincipal payment as an expense, fee, or premium rather than as interest, (c) exclude voluntary prepayments and the effects thereof, and (d) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of the Obligations. However, if the Obligations are paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Amount, the Lenders shall refund such excess, and, in such event, the Lenders shall not, to the extent permitted by Law, be subject to any penalties provided by any Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Amount.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of of‌ repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section 13.20 shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan or any B/A Drawing under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or accepting such B/A in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or B/A Drawing hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or B/A Drawing but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods B/A Drawings shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon (a) at the Federal Funds Effective Rate for each day in the case of US Dollar denominated amounts, (b) at the Canadian Base Rate in the case of Canadian dollar denominated amounts, to the date of repayment, or (c) at a rate determined by the Administrative Agent to represent the applicable Lenders’ cost of funds in the case of Euro denominated amounts, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender, Swingline Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender, Swingline Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such , Swingline Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable applicable Requirements of Law (collectively, the “chargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable applicable Requirements of Law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charged Amounts that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Agent and the Lender holding such Loan in accordance with Applicable applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective NYFRB Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the any interest rate applicable to any Loanhereunder, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan against a U.S. Borrower or a Guarantor whose jurisdiction of incorporation is a state of the United States or the District of Columbia in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid in respect of such Loan payable hereunder but were not paid payable as a result of the operation of this Section Clause 37 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the rate calculated by the Federal Funds Effective Rate for each day Reserve Bank of New York based on such day’s federal funds transactions by depositary institutions (as determined in such manner as the Federal Reserve Bank of New York shall set forth on its public website from time to time) and published on the next succeeding Business Day by the Federal Reserve Bank of New York as the federal funds effective rate to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are which may be treated as interest on such Loan under Applicable Law applicable law (collectively, the “chargesCharges”), shall exceed the maximum lawful rate of interest (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the a Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repaymentrepayment (to the extent permitted by applicable law), shall have been received by such Lender. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or reimbursement obligation, together with all fees, charges and other amounts that are treated as interest on such Loan or reimbursement obligation under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or reimbursement obligation in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or reimbursement obligation hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or reimbursement obligation but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans Loans, reimbursement obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loanamounts outstanding hereunder, together with all fees, charges and other amounts that which are treated as interest on such Loan amounts under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan amounts outstanding hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan amounts outstanding but were not paid payable as a result of the operation of this Section 28 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans amounts outstanding hereunder or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds “Federal Funds Effective Rate” as used herein means, for any day, the maximum amount collectible at the Maximum Rate shall be applied weighted average (rounded upwards, if necessary, to the reduction next 1/100 of 1%) of the principal balance rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers, as published on the next succeeding business day by the Federal Reserve Bank of New York, or, if such Loan or refunded rate is not so published for any day that is a business day, the average (rounded upwards, if necessary, to the Borrower so that at no time shall next 1/100 of 1%) of the interest and charges paid or payable in respect quotations for such day for such transactions received by Lender from three Federal funds brokers of such Loan exceed the maximum amount collectible at the Maximum Raterecognized standing selected by it.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Revolving Credit Loan or Swingline Loan, together with all fees, charges and other amounts that which are treated as interest on such Revolving Credit Loan or Swingline Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Revolving Credit Loan or Swingline Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Revolving Credit Loan or Swingline Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Revolving Credit Loan or Swingline Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Revolving Credit Loans or Swingline Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Revolving Credit Loan, together with all fees, charges and other amounts that are treated as interest on such Revolving Credit Loan under Applicable Law (collectively, the “chargesCharges”), shall be found by a court of competent jurisdiction in a final order to exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Revolving Credit Loan in accordance with Applicable Law, the rate of interest payable in respect of such Revolving Credit Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Revolving Credit Loan but were not paid payable as a result of the operation of this Section SECTION 9.13 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Revolving Credit Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or participation in any LC Disbursement, together with all fees, charges and other amounts that are treated as interest on such Loan or LC Disbursement or participation therein under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or LC Disbursement or participation therein in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or LC Disbursement or participation therein but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender or Issuing Bank in respect of other Loans or LC Disbursement or participation therein or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrarycontrary contained in any Loan Document, if at any time the interest rate applicable paid or agreed to any Loan, together with all fees, charges and other amounts that are treated as interest on such be paid under the Loan under Applicable Law (collectively, “charges”), Documents shall not exceed the maximum lawful rate of non-usurious interest permitted by applicable Law (the “Maximum Rate”) ). If the Administrative Agent or any Lender shall receive interest in an amount that may exceeds the Maximum Rate, the excess interest shall be applied to the principal of the Loans or, if it exceeds such unpaid principal, refunded to the Borrower Representative. In determining whether the interest contracted for, charged, taken, or received or reserved by the Administrative Agent or a Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to exceeds the Maximum Rate. To , such Person may, to the extent lawfulpermitted by applicable Law, (a) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, and spread in equal or unequal parts the total amount of interest throughout the contemplated term of the Obligations hereunder. In addition, the differential between the amount of interest and charges that which would have otherwise been paid in respect of such payable under the Loan but were not paid as a result of the operation of this Section shall be cumulated Documents assuming no applicable Maximum Rate and the interest and charges payable amount actually paid on a current basis after giving effect to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied carried forward and shall be payable on any subsequent date of calculation so as to result in a recovery of interest previously unrealized (because of the limitation imposed by such Maximum Rate) at a rate of interest, and as part of the interest payable, that, after giving effect to the reduction of the principal balance recovery of such Loan or refunded differential and all other interest paid and accrued under this Agreement to the Borrower so that at no time shall the interest and charges paid or payable in respect date of such Loan calculation, does not exceed the maximum amount collectible at the then applicable Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any Notwithstanding the forgoing, if the Yen Revolving Lender shall have received interest and/or Charges in an amount collected by such Lender that exceeds the maximum amount collectible at Maximum Rate, the Maximum Rate excess interest and Charges shall be (i) applied to the reduction principal of such Loan, (ii) if it exceeds such unpaid principal of such Loan, applied to the principal balance of other Loans held by such Loan Yen Revolving Lender, or (iii) if it exceeds such unpaid principal of other Loans, refunded to the Japanese Borrower. The Japanese Borrower so that at no time shall represents and warrants to the interest and charges paid or payable in respect Yen Revolving Lenders that, as of such Loan exceed the maximum amount collectible at date of this Agreement, it falls into Article 2, Paragraph 1, Item 1 of the Maximum RateAct on Specified Commitment Line Contract (Act No. 4 of 1999).

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such the Lender in respect of other the Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such the Lender. Any amount collected by such the Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Revolving Credit Loan, together with all fees, charges and other amounts that are treated as interest on such Revolving Credit Loan under Applicable Law (collectively, the “chargesCharges”), shall be found by a court of competent jurisdiction in a final order to exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Revolving Credit Loan in accordance with Applicable Law, the rate of interest payable in respect of such Revolving Credit Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Revolving Credit Loan but were not paid payable as a result of the operation of this Section SECTION 9.13 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Revolving Credit Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day Rate, in the case of the Domestic Lenders, and at the Bank of Canada Overnight Rate, in the case of Canadian Lenders, to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanAdvance or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan Advance or Letter of Credit under Applicable Law applicable law (collectively, the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding making such Loan Advance or the LC Issuing Bank issuing such Letter of Credit in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan Advance or Letter of Credit hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges that would have been paid payable in respect of such Loan Advance or Letter of Credit but were not paid payable as a result of the operation of this Section 8.18 shall be cumulated and the interest and charges payable to such Lender or LC Issuing Bank in respect of other Loans Advances or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefortherefore) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day Applicable Margin to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender or LC Issuing Bank; provided that exceeds if Texas law shall establish the maximum amount collectible at Maximum Rate, the Maximum Rate shall be applied to the reduction applicable weekly ceiling under Chapter 303 of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateTexas Finance Code.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanAdvance, together with all fees, charges and other amounts that which are treated as interest on such Loan Advance under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan Advance in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan Advance hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan Advance but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans Advances or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Cost of Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any Notwithstanding the forgoing, if the Lender shall have received interest and/or Charges in an amount collected by such Lender that exceeds the maximum amount collectible at Maximum Rate, the Maximum Rate excess interest and Charges shall be (i) applied to the reduction principal of such Advance, (ii) if it exceeds such unpaid principal of such Advance, applied to the principal balance of other Advances held by such Loan Lender, or (iii) if it exceeds such unpaid principal of other Advances, refunded to the Borrower. The Borrower so that at no time shall represents and warrants to the interest and charges paid or payable in respect Lenders that, as of such Loan exceed the maximum amount collectible at date of this Agreement, it falls into Article 2, Paragraph 1, Item 1 of the Maximum RateAct on Specified Commitment Line Contract (Act No. 4 of 1999).

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or participation in any LC Disbursement, together with all fees, charges and other amounts that which are treated as interest on such Loan or LC Disbursement or participation therein under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or LC Disbursement or participation therein in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or LC Disbursement or participation therein hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or LC Disbursement or participation therein but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or LC Disbursements or participations therein or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such the Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such the Lender. Any amount collected by such the Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or reimbursement obligation, together with all fees, charges and other amounts that are treated as interest on such Loan or reimbursement obligation under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or reimbursement obligation in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or reimbursement obligation hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or reimbursement obligation but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans Loans, reimbursement obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, amount shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the applicable interest rate applicable to any Loanrate, together with all fees, fees and charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectivelycollectively the "Charges"), “charges”)as provided for herein or in any other document executed in connection herewith, or otherwise contracted for, charged, received, taken or reserved by any Lender, shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the such Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect on the Loans of such Loan hereunderLender, together with all charges Charges payable in respect thereofto such Lender, shall be limited to the Maximum Rate. To . (b) If the extent lawfulamount of interest, together with all Charges, payable for the account of any Lender in respect of any interest computation period is reduced pursuant to paragraph (a) of this Section and charges that the amount of interest, together with all Charges, payable for such Lendxx'x xccount in respect of any subsequent interest computation period, computed pursuant to Section 2.07, would have been paid be less than the Maximum Rate, then the amount of interest, together with all Charges, payable for such Lendxx'x xccount in respect of such Loan but were not paid as a result of subsequent interest computation period shall, to the operation of this Section shall extent permitted by applicable law, be cumulated and the interest and charges payable automatically increased to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so Rate; provided that at no time shall the aggregate amount by which interest and charges paid or payable in respect for the account of such Loan any Lender has been increased pursuant to this paragraph (b) exceed the maximum aggregate amount collectible at the Maximum Rateby which interest, together with all Charges, paid for its account has theretofore been reduced pursuant to paragraph (a) of this Section.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, or LC Disbursement, together with all fees, charges and other amounts that which are treated as interest on such Loan or such LC Disbursement under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or such LC Disbursement in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or such LC Disbursement hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or such LC Disbursement but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or LC Disbursements or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or any LC Disbursement, together with all fees, charges and other amounts that which are treated as interest on such Loan or LC Disbursement under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or the Issuing Bank, as the case may be, holding such Loan or LC Disbursement in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or LC Disbursement hereunder, as the case may be, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or LC Disbursement, as the case may be, but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender or the Issuing Bank, as the case may be, in respect of other Loans or LC Disbursements or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds or the maximum amount collectible at Issuing Bank, as the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Ratecase may be.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Revolving Credit Loan, together with all fees, charges and other amounts that are treated as interest on such Revolving Credit Loan under Applicable Law (collectively, the “chargesCharges”), shall be found by a court of competent jurisdiction in a final order to exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Revolving Credit Loan in accordance with Applicable Law, the rate of interest payable in respect of such Revolving Credit Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Revolving Credit Loan but were not paid payable as a result of the operation of this Section SECTION 9.13 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Revolving Credit Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day Rate, in the case of the Domestic Lenders, and at the Canadian Prime Rate, in the case of Canadian Lenders, to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the applicable interest rate applicable to any Loanrate, together with all fees, fees and charges and other amounts that are treated as interest on such Loan under Applicable Law applicable law (collectivelycollectively the "Charges"), “charges”)as provided for herein or in any other document executed in connection herewith, or otherwise contracted for, charged, received, taken or reserved by any Lender, shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the such Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect on the Loans of such Loan hereunderLender, together with all charges Charges payable in respect thereofto such Lender, shall be limited to the Maximum Rate. To . (b) If the extent lawfulamount of interest, together with all Charges, payable for the account of any Lender in respect of any interest computation period is reduced pursuant to paragraph (a) of this Section and charges that the amount of interest, together with all Charges, payable for such Lender's account in respect of any subsequent interest computation period, computed pursuant to Section 2.06, would have been paid be less than the Maximum Rate, then the amount of interest, together with all Charges, payable for such Lender's account in respect of such Loan but were not paid as a result of subsequent interest computation period shall, to the operation of this Section shall extent permitted by applicable law, be cumulated and the interest and charges payable automatically increased to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so Rate; provided that at no time shall the aggregate amount by which interest and charges paid or payable in respect for the account of such Loan any Lender has been increased pursuant to this paragraph (b) exceed the maximum aggregate amount collectible at the Maximum Rateby which interest, together with all Charges, paid for its account has theretofore been reduced pursuant to paragraph (a) of this Section.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law applicable law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section 9.28 shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrarycontrary but subject to clause (b) hereof, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable applicable Requirements of Law (collectively, collectively the “chargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable applicable Requirements of Law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charged Amounts that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section 9.19 shall be cumulated and the interest and charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day rate set forth in Section 2.13(d) to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are which may be treated as interest on such Loan under Applicable Law applicable law (collectively, the “chargesCharges”), shall exceed the maximum lawful rate of interest (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the a Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repaymentrepayment (to the extent permitted by applicable law), shall have been received by such Lender. Any amount collected by such Lender To the extent that exceeds Chapter 303 of the maximum amount collectible at Texas Finance Code is relevant for the purpose of determining the Maximum Rate shall be applied applicable to a Lender, such Lender elects to determine the applicable rate ceiling under such Chapter by the weekly ceiling from time to time in effect. Chapter 346 of the Texas Finance Code does not apply to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateBorrower’s obligations hereunder.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, “charges”collectively the "CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Prime Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal [The balance of such Loan or refunded to this page is intentionally blank; the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Ratenext pages are signature pages.]

Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the applicable interest rate applicable to any Loanrate, together with all fees, fees and charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectivelycollectively the "Charges"), “charges”)as provided for herein or in any other document executed in connection herewith, or otherwise contracted for, charged, received, taken or reserved by any Lender, shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the such Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect on the Loans of such Loan hereunderLender, together with all charges Charges payable in respect thereofto such Lender, shall be limited to the Maximum Rate. To . (b) If the extent lawfulamount of interest, together with all Charges, payable for the account of any Lender in respect of any interest computation period is reduced pursuant to paragraph (a) of this Section and charges that the amount of interest, together with all Charges, payable for such Lender's account in respect of any subsequent interest computation period, computed pursuant to Section 2.07, would have been paid be less than the Maximum Rate, then the amount of interest, together with all Charges, payable for such Lender's account in respect of such Loan but were not paid as a result of subsequent interest computation period shall, to the operation of this Section shall extent permitted by applicable law, be cumulated and the interest and charges payable automatically increased to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so Rate; provided that at no time shall the aggregate amount by which interest and charges paid or payable in respect for the account of such Loan any Lender has been increased pursuant to this paragraph (b) exceed the maximum aggregate amount collectible at the Maximum Rateby which interest, together with all Charges, paid for its account has theretofore been reduced pursuant to paragraph (a) of this Section.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Facility Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Facility Letter of Credit under Applicable Law appli-cable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or Facility Letter of Credit in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or Facility Letter of Credit hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or Facility Letter of Credit but were not paid payable as a result of the operation of this Section 10.12 shall be cumulated and the interest and charges Charges payable to such Lender or Issuer in respect of other Loans or periods Facility Letter of Credit shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuer.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or L/C Disbursement, together with all fees, charges and other amounts that which are treated as interest on such Loan or L/C Disbursement under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or the Issuing Bank in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or L/C Disbursement hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or L/C Disbursement but were not paid payable as a result of the operation of this Section 11.09 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or L/C Disbursements or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender ; provided that exceeds at any time Texas law shall establish the maximum amount collectible at Maximum Rate, the Maximum Rate shall be applied to the reduction “indicated rate ceiling” (as defined in Chapter One of the principal balance of such Loan or refunded Texas Credit Code, V.T.C.S. Art. 5069-1.04 et seq.) as in effect from time to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Ratetime.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section 9.23 shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, “charges”the "Charges"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon thereon, at the Federal Funds Effective Rate for each day (as defined in Alternate Base Rate) to the date of repayment, shall have been received by such Lender. Any amount collected by . (b) If the Interest Act (Canada) should be found to apply with respect to the computation of interest under any of the Loan Documents, then whenever interest is calculated on the basis of a year of 360 days, the rate of interest expressed as an annual rate for purposes of such Lender that exceeds the maximum amount collectible at the Maximum Rate Act shall be applied equivalent to the reduction rate of the principal balance of interest applicable to such Loan or refunded other obligation multiplied by the actual number of days in the calendar year in which the same is to the Borrower so that at no time shall the interest be ascertained, and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Ratedivided by 360.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section 9.17 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected In determining whether the interest contracted for, charged or received by such the Administrative Agent or a Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied rate, such Person may, to the reduction extent permitted by applicable law, (a) characterize any payment that is not principal as an expense, fee or premium rather than interest; (b) exclude voluntary prepayments and the effects thereof; and (c) amortize, prorate, allocate and spread in equal or unequal parts the total amount of interest throughout the contemplated term of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateObligations hereunder.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or participation in any LC Disbursement, together with all fees, charges and other amounts that are treated as interest on such Loan or LC Disbursement or participation therein under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or LC Disbursement or participation therein in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or LC Disbursement or participation therein but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender or Issuing Bank in respect of other Loans or LC Disbursement or participation therein or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective NYFRB Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanAdvance or Letter of Credit or Green Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan Advance or Letter of Credit or Green Letter of Credit under Applicable Law applicable law (collectively, the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding making such Loan Advance or the LC Issuing Bank issuing such Letter of Credit or Green Letter of Credit in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan Advance or Letter of Credit or Green Letter of Credit hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges that would have been paid payable in respect of such Loan Advance or Letter of Credit or Green Letter of Credit but were not paid payable as a result of the operation of this Section 8.23 shall be cumulated and the interest and charges payable to such Lender or LC Issuing Bank in respect of other Loans Advances or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate thereforapplicable thereto) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day Applicable Margin to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateLC Issuing Bank.

Interest Rate Limitation. Notwithstanding anything herein Regardless of any provision contained in any Loan Document, neither the Administrative Agent nor any Lender shall ever be entitled to the contrarycontract for, if at any time the interest rate applicable to any Loancharge, together with all feestake, charges and other amounts that are treated reserve, receive, or apply, as interest on such Loan under Applicable Law (collectivelyall or any part of the Obligations, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan any amount in accordance with Applicable Law, the rate excess of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of and, if any Lender ever does so, then such Loan but were not paid as a result of the operation of this Section excess shall be cumulated deemed a partial prepayment of principal and the interest treated hereunder as such and charges payable to such Lender in respect of other Loans or periods any remaining excess shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall Borrowers. In determining if the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at exceeds the Maximum Rate, the Borrowers and the Lenders shall, to the maximum extent permitted under applicable Law, (a) treat all Borrowings as but a single extension of credit (and the Lenders and the Borrowers agree that such is the case and that provision herein for multiple Borrowings is for convenience only), (b) characterize any nonprincipal payment as an expense, fee, or premium rather than as interest, (c) exclude voluntary prepayments and the effects thereof, and (d) amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated term of the Obligations. However, if the Obligations are paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Amount, the Lenders shall refund such excess, and, in such event, the Lenders shall not, to the extent permitted by Law, be subject to any penalties provided by any Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Amount.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law applicable law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible collactable at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “"charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower Borrowers so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable Law applicable law (collectively, collectively the “chargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charged Amounts that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law applicable law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Loan Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Overnight Bank Funding Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall shall‌ be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or LC Disbursement, together with all fees, charges and other amounts that which are treated as interest on such Loan or such LC Disbursement under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or such LC Disbursement in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or such LC Disbursement hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or such LC Disbursement but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or LC Disbursements or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Loan Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.. 36

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable applicable Requirements of Law (collectively, collectively the “chargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable applicable Requirements of Law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charged Amounts that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Franchisee Loan Funding, together with all fees, charges and other amounts that are which may be treated as interest on such Loan or Franchisee Loan Funding under Applicable Law applicable law (collectively, the “chargesCharges”), shall exceed the maximum lawful rate of interest (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the a Lender holding such Loan or Franchisee Loan Funding in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or Franchisee Loan Funding hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or Franchisee Loan Funding but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or Franchisee Loan Fundings or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable any Requirement of Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable any Requirement of Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased 59562397_5 LEGAL_US_E # 113892680.8124105178.14 AND THE INTEREST AND CHARGES PAYABLE TO SUCH LENDER IN RESPECT OF OTHER LOANS OR PERIODS SHALL BE INCREASED (but not above the amount collectible at the Maximum Rate thereforBUT NOT ABOVE THE MAXIMUM RATE THEREFOR) until such cumulated amountUNTIL SUCH CUMULATED AMOUNT, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repaymentTOGETHER WITH INTEREST THEREON AT THE FEDERAL FUNDS EFFECTIVE RATE TO THE DATE OF REPAYMENT, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateSHALL HAVE BEEN RECEIVED BY SUCH LENDER.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed exceeds the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section 2.22 shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have has been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to the Lender or such Lender other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by the Lender or such Lenderother Person. Any amount collected by the Lender or such Lender other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Parent Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or LC Disbursement, together with all fees, charges and other amounts that are treated as interest on such Loan thereon under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding an interest in such Loan or LC Disbursement in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or LC Disbursement hereunder, together with all of the charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and the charges that would have been paid payable in respect of such Loan or LC Disbursement but were not paid payable as a result of the operation of this Section shall be cumulated cumulated, and the interest and the charges payable to such Lender in respect of other Loans or LC Disbursements or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section 11.16 shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.):

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawfulMAXIMUM RATE AND, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased TO THE EXTENT LAWFUL, THE INTEREST AND CHARGES THAT WOULD HAVE BEEN PAYABLE IN RESPECT OF SUCH LOAN BUT WERE NOT PAYABLE AS A RESULT OF THE OPERATION OF THIS SECTION SHALL BE CUMULATED AND THE INTEREST AND CHARGES PAYABLE TO SUCH LENDER IN RESPECT OF OTHER LOANS OR PERIODS SHALL BE INCREASED (but not above the amount collectible at the Maximum Rate thereforBUT NOT ABOVE THE MAXIMUM RATE THEREFOR) until such cumulated amountUNTIL SUCH CUMULATED AMOUNT, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repaymentTOGETHER WITH INTEREST THEREON AT THE FEDERAL FUNDS EFFECTIVE RATE TO THE DATE OF REPAYMENT, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateSHALL HAVE BEEN RECEIVED BY SUCH LENDER.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Loan Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.. 46

Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the applicable interest rate applicable to any Loanrate, together with all fees, fees and charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectivelycollectively the "Charges"), “charges”)as provided for herein or in any other document executed in connection herewith, or otherwise contracted for, charged, received, taken or reserved by any Lender, shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the such Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect on the Loans of such Loan hereunderLender, together with all charges Charges payable in respect thereofto such Lender, shall be limited to the Maximum Rate. To . (b) If the extent lawfulamount of interest, together with all Charges, payable for the account of any Lender in respect of any interest computation period is reduced pursuant to paragraph (a) of this Section and charges that the amount of interest, together with all Charges, payable for such Lender's account in respect of any subsequent interest computation period, computed pursuant to Section 2.06, would have been paid be less than the Maximum Rate, then the amount of interest, together with all Charges, payable for such Lender's account in respect of such Loan but were not paid as a result of subsequent interest computation period shall, to the operation of this Section shall extent permitted by applicable law, be cumulated and the interest and charges payable automatically increased to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so Rate; provided that at no time shall the aggregate amount by which interest and charges paid or payable in respect for the account of such Loan any Lender has been increased pursuant to this paragraph (b) exceed the maximum aggregate amount collectible at the Maximum Rateby which interest, together with all Charges, paid for its account has theretofore been reduced pursuant to paragraph (a) of this Section.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or participation in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or participation hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or participation but were not paid payable as a result of the operation of this Section 9.08 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or participations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanGuarantee Reimbursement Amount, Guarantee Fee or Commitment Fee, together with all fees, charges and other amounts that which are treated as interest on such Loan Guarantee Reimbursement Amount, Guarantee Fee or Commitment Fee under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan CME Credit Guarantor in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan any Guarantee Reimbursement Amount, Guarantee Fee or Commitment Fee hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of any such Loan Guarantee Reimbursement Amount, Guarantee Fee or Commitment Fee but were not paid payable as a result of the operation of this Section 8.12 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together (to the extent lawful) with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateCME Credit Guarantor.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, Swing Line Loan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan, Swing Line Loan or Letter of Credit under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender, the Swing Line Lender holding or Issuing Bank holding, issuing or participating in such Loan, Swing Line Loan or Letter of Credit in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan, Swing Line Loan or Letter of Credit hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan, Swing Line Loan or Letter of Credit but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender, Swing Line Lender or Issuing Bank in respect of other Loans Loans, Swing Line Loan or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such , Swing Line Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateIssuing Bank.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges Charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such the Lender in respect of other Loans Loan or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at a rate determined by the Federal Funds Effective Rate Lender in its reasonable discretion for each day to the date of repayment, shall have been received by such the Lender. Any amount collected by such the Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the applicable interest rate applicable to any Loanrate, together with all fees, fees and charges and other amounts that are treated as interest on such Loan under Applicable Law applicable law (collectivelycollectively the "CHARGES"), “charges”)as provided for herein or in any other document executed in connection herewith, or otherwise contracted for, charged, received, taken or reserved by the Lender, shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunderon the Outstanding Credits, together with all charges Charges payable in respect thereofto the Lender, shall be limited to the Maximum Rate. To . (b) If the extent lawfulamount of interest, together with all Charges, payable for the account of the Lender in respect of any interest computation period is reduced pursuant to subsection (a) of this Section and charges that the amount of interest, together with all Charges, payable for the Lender's account in respect of any subsequent interest computation period, computed pursuant to Section 2.07, would have been paid be less than the Maximum Rate, then the amount of interest, together with all Charges, payable for the Lender's account in respect of such Loan but were not paid as a result of subsequent interest computation period shall, to the operation of this Section shall extent permitted by applicable law, be cumulated and the interest and charges payable automatically increased to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so Rate; provided that at no time shall the aggregate amount by which interest and charges paid or payable in respect for the account of such Loan the Lender has been increased pursuant to this subsection (b) exceed the maximum aggregate amount collectible at the Maximum Rateby which interest, together with all Charges, paid for its account has theretofore been reduced pursuant to subsection (a) of this Section.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Administrative Agent and a Lender holding such Loan in accordance with Applicable applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under Applicable Law applicable law (collectively, collectively the “chargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charged Amounts that would have been paid payable in respect of such Loan or Letter of Credit but were not paid payable as a result of the operation of this Section 9.19 shall be cumulated and the interest and charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or Issuing Bank. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.-233- #96942867v160458181 #96942867v1

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or any LC Disbursement, together with all fees, charges and other amounts that which are treated as interest on such Loan or LC Disbursement under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or the applicable Issuing Bank, as the case may be, holding such Loan or LC Disbursement in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or LC Disbursement hereunder, as the case may be, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan or LC Disbursement, as the case may be, but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender or such Issuing Bank, as the case may be, in respect of other Loans or LC Disbursements or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by Lender or such Lender that exceeds Issuing Bank, as the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Ratecase may be.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanRevolving Credit Loan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Revolving Credit Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Revolving Credit Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Revolving Credit Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Revolving Credit Loan or other Obligation but were not paid as a result of the operation of this Section 13.21 shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Revolving Credit Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Revolving Credit Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Revolving Credit Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or 101 reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower Borrowers so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section 13.27 shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible collectable at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower Borrowers so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable applicable Law (collectively, “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Administrative Agent and the Lender holding such Loan in accordance with Applicable applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges Charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges Charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law applicable law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section 9.18 shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall shall, at the option of the Borrower, be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any the Loan, together with all fees, charges and other amounts that are treated as interest on such the Loan under Applicable applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Administrative Agent and the Lender holding such the Loan in accordance with Applicable applicable Law, the rate of interest payable in respect of such the Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such the Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such the Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such the Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable SECOND AMENDED AND RESTATED ABL CREDIT AGREEMENT in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section 9.17 shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected In determining whether the interest contracted for, charged or received by such the Administrative Agent or a Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied rate, such Person may, to the reduction extent permitted by applicable law, (a) characterize any payment that is not principal as an expense, fee or premium rather than interest; (b) exclude voluntary prepayments and the effects thereof; and (c) amortize, prorate, allocate and spread in equal or unequal parts the total amount of interest throughout the contemplated term of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateObligations hereunder.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repaymentpayment, shall have been received by such Lender. Any Notwithstanding the foregoing, and after giving effect to all adjustments contemplated thereby, if any Lender shall have received from the Borrower an amount collected by such Lender that exceeds in excess of the maximum amount collectible at permitted by any applicable law, rule or regulation, then the Maximum Rate Borrower shall be applied entitled, by notice in writing to the reduction of the principal balance of Administrative Agent to obtain reimbursement from that Lender in an amount equal to such Loan or refunded excess, and pending such reimbursement, such amount shall be deemed to be an amount payable by that Lender to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateBorrower.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, Letter of Credit or other obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan Loan, Letter of Credit or other obligation under Applicable Law applicable law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender Bank or other Person holding such Loan Loan, Letter of Credit or other obligation in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan Loan, Letter of Credit or other obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan Loan, Letter of Credit or other obligation but were not paid as a result of the operation of this Section 10.20 shall be cumulated and the interest and charges payable to such Lender Bank or other Person in respect of other Loans Loans, Letters of Credit or obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderBank or other Person. Any amount collected by such Lender Bank or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan Loan, Letter of Credit or other obligation or refunded to the Borrower applicable Account Party so that at no time shall the interest and charges paid or payable in respect of such Loan Loan, Letter of Credit or other obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law applicable law (collectively, “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges Charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section 9.20 shall be cumulated and the interest and charges Charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges Charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate. [Remainder of page intentionally left blank. Signature pages follow.]

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section 13.20 shall be cumulated and the interest 238 and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and (a) in the case of a Loan to a Borrowing Subsidiary, the Company shall, to the extent lawful, pay to the Applicable Agent, for the accounts of the applicable Lenders, as an additional fee, an amount equal to the interest and charges Charges that would have been paid payable by such Borrowing Subsidiary in respect of such Loan but were not paid payable by it as a result of the operation of this Section shall and (b) to the extent the preceding clause (a) does not apply or the payments provided for therein would not be permitted under applicable law, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall, to the extent lawful, be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repaymentrepayment at the rate or rates applicable to such Loan, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under Applicable Law applicable law (collectively, “charges”collectively the "Charges"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Collateral Agent and the Lender holding such Loan in accordance with Applicable applicable Law, the rate of interest payable in respect of such Loan hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.

Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under Applicable Law applicable law (collectively, collectively the “chargesCharges”), shall exceed the maximum lawful rate (the “Maximum Highest Lawful Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with Applicable Lawapplicable law, the rate of interest payable in respect of such Loan hereunder, together with all charges Charges payable in respect thereof, shall be limited to the Maximum Rate. To Highest Lawful Rate and, to the extent lawful, the interest and charges Charges that would have been paid payable in respect of such Loan but were not paid payable as a result of the operation of this Section shall be cumulated and the interest and charges Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Highest Lawful Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender . (b) For purposes of Chapter 303 of the Texas Finance Code, as amended, to the extent applicable, the Borrower agrees that exceeds the maximum amount collectible at the Maximum Highest Lawful Rate shall be applied the “indicated (weekly) rate ceiling” as defined in such Chapter; provided that each Lender and the Administrative Agent may also rely, to the reduction extent permitted by applicable law, on alternative maximum rates of interest under other laws applicable to such Lender or the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum RateAdministrative Agent, if greater.

Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or other Obligation owing under this Agreement, together with all fees, charges and other amounts that are treated as interest on such Loan or other Obligation under Applicable Law (collectively, “charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender or other Person holding such Loan or other Obligation in accordance with Applicable Law, the rate of interest payable in respect of such Loan or other Obligation hereunder, together with all charges payable in respect thereof, shall be limited to the Maximum Rate. To the extent lawful, the interest and charges that would have been paid in respect of such Loan or other Obligation but were not paid as a result of the operation of this Section shall be cumulated and the interest and charges payable to such Lender or other Person in respect of other Loans or Obligations or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such LenderLender or other Person. Any amount collected by such Lender or other Person that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or other Obligation or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan or other Obligation exceed the maximum amount collectible at the Maximum Rate.