Common use of Interest Savings Clause Clause in Contracts

Interest Savings Clause. Nothing contained in this Agreement or in any promissory notes made by the Borrower to the Lender or in any of the other Loan Documents shall be construed to permit the Lender to receive at any time interest, fees or other charges in excess of the amounts which the Lender is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to the Lender by the Borrower, howsoever characterized or computed, hereunder or under any other agreement or instrument evidencing or relating to the Obligations of the Borrower to the Lender hereunder, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that the Lender shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received, then, ipso facto, such rate shall be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof; and the Lender shall apply such excess against the Obligations of the Borrower to the Lender then outstanding and, to the extent of any amounts remaining thereafter, refund such excess to the Borrower.

Interest Savings Clause. Nothing contained in this Agreement or in the Letter of Credit Documents or in any promissory notes made by of the Borrower to the Lender Notes or in any of the other Loan Documents shall be construed to permit the any Lender to receive at any time interest, fees or other charges in excess of the amounts which the such Lender is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to the Lender any Lenders by the Borrower, howsoever characterized or computed, hereunder or under either of the Notes or under any other agreement or instrument evidencing or relating to the Obligations of the Borrower to the Lender hereunderObligations, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that the any Lender shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received, then, ipso facto, such rate shall ---- ----- be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof; and the Lender shall apply such excess against the Obligations of Loans then outstanding (with such application being made first against the Borrower Base Rate Loans, to the Lender extent thereof, second against the Eurodollar Loans, to the extent thereof, and then outstanding to any other Obligations hereunder) and, to the extent of any amounts remaining thereafter, refund such excess to the Borrower.

Interest Savings Clause. Nothing contained in this Agreement or in the Notes or in any promissory notes made by the Borrower to the Lender Letter of Credit Documents or in any of the other Loan Documents shall be construed to permit the any Lender to receive at any time interest, fees or other charges in excess of the amounts which the such Lender is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to the such Lender by the Borrower, howsoever characterized or computed, hereunder or under the Note or under any other agreement or instrument evidencing or relating to the Obligations of the Borrower to the Lender hereunderObligations, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that the any Lender shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received, then, ipso facto, such rate shall be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof; and the such Lender shall apply such excess against the Obligations of Loans then outstanding (with such application being made first against the Borrower Base Rate Loans, to the Lender extent thereof, second against the Eurodollar Loans, to the extent thereof, and then outstanding to any other Obligations hereunder) and, to the extent of any amounts remaining thereafter, refund such excess to the Borrower.

Interest Savings Clause. Nothing contained in this Agreement or in any promissory notes made by the Borrower to the Lender Note or in any of the other Loan Documents shall be construed to permit the Lender to receive at any time interest, fees or other charges in excess of the amounts which the Lender is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to the Lender by the Borrower, howsoever characterized or computed, hereunder or under the Note or under any other agreement or instrument evidencing or relating to the Obligations of the Borrower to the Lender hereunderObligations, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that the Lender shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received, then, ipso facto, such rate shall be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof; and the Lender shall apply such excess against the Obligations of Loans then outstanding (with such application being made first against the Borrower Loans, to the Lender extent thereof, and then outstanding to any other Obligations hereunder) and, to the extent of any amounts remaining thereafter, refund such excess to the BorrowerBorrower or any other Person legally entitled thereto.

Interest Savings Clause. Nothing contained in this Agreement or in any promissory notes made by of the Borrower to the Lender Notes or in any of the other Loan Documents shall be construed to permit the any Lender to receive at any time interest, fees or other charges in excess of the amounts which the such Lender is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to the any Lender by the Borrower, howsoever characterized or computed, hereunder or under either of the Notes or under any other agreement or instrument evidencing or relating to the Obligations of the Borrower to the Lender hereunderobligations, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that the any Lender shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received, then, ipso facto, such rate shall be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof; and the such Lender shall apply such excess against the Obligations of the Borrower to the Lender Loans then outstanding (with such application being made first against the Loans, and then to any other obligations hereunder) and, to the extent of any amounts remaining thereafter, refund such excess to the Borrower.

Interest Savings Clause. Nothing contained in this Agreement or in any promissory notes made by the Borrower to any of the Lender Lenders or in any of the other Loan Credit Documents shall be construed to permit the Lender Agent or the Lenders, or any of them, to receive at any time interest, fees or other charges in excess of the amounts which the Agent or any such Lender is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to the Lender Agent or the Lenders, or any of them, by the Borrower, howsoever characterized or computed, hereunder or under any other agreement or instrument evidencing or relating to the Obligations of the Borrower to the Lender Lenders or the Agent hereunder, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that the Lender Lenders or the Agent shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received, then, ipso facto, such rate shall be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof; and the Lender Lenders and the Agent shall apply such excess against the Obligations of the Borrower to the Lender Lenders or the Agent then outstanding and, to the extent of any amounts remaining thereafter, refund such excess to the Borrower.

Interest Savings Clause. Nothing contained in this Agreement or in any promissory notes made by of the Borrower to the Lender Notes or in any Letter of Credit Documents or any of the other Loan Documents shall be construed to permit the LC Issuers or any Lender to receive at any time interest, fees or other charges in excess of the amounts which the LC Issuers or such Lender is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to the LC Issuers or any Lender by the any Borrower, howsoever characterized or computed, hereunder or under the Note issued to the LC Issuers or such Lender or under any other agreement or instrument evidencing or relating to the Obligations of the Borrower to the Lender hereunderObligations, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that the LC Issuers or any Lender shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received, then, ipso facto, such rate shall be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof; and the LC Issuers or such Lender shall apply such excess against the Obligations of Loans then outstanding (with such application being made first against the Borrower Base Rate Loans, to the Lender extent thereof, second against the Eurodollar Loans, to the extent thereof, and then outstanding to any other Obligations hereunder) and, to the extent of any amounts remaining thereafter, refund such excess to the BorrowerBorrowers.

Interest Savings Clause. Nothing contained in this Agreement or in the Notes or in any promissory notes made by the Borrower to the Lender Letter of Credit Documents or in any of the other Loan Documents shall be construed to permit the any Lender to receive at any time interest, fees or other charges in excess of the amounts which the such Lender is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to the such Lender by the Borrower, howsoever characterized or computed, hereunder or under the Note or under any other agreement or instrument evidencing or relating to the Obligations of the Borrower to the Lender hereunderObligations, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that the any Lender shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received, then, ipso facto, such rate shall be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof; , and the such Lender shall apply such excess against the Obligations of Loans then outstanding (with such application being made first against the Borrower Base Rate Loans, to the Lender extent thereof, second against the Eurodollar Loans, to the extent thereof, and then outstanding to any other Obligations hereunder) and, to the extent of any amounts remaining thereafter, refund such excess to the Borrower.