Common use of Lawful Interest Clause in Contracts

Lawful Interest. All agreements between Obligors and Lender are hereby expressly limited so that in no event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to Lender for the use or the forbearance of the indebtedness evidenced hereby exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. In this regard, it is expressly agreed that it is the intent of Obligors and Lender in the execution, delivery and acceptance of this Note to contract in strict compliance with the laws of the State of Connecticut from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the Loan Documents (as defined in the Loan and Security Agreement) at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever Lender should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance evidenced hereby and not to the payment of interest. This provision shall control every other provision of all agreements between Obligors and Lender.

Appears in 3 contracts

Samples: Revolving Line of Credit Note (Vermont Pure Holdings LTD/De), Term Note (Vermont Pure Holdings LTD/De), Term Note (Platinum Acquisition Corp)

AutoNDA by SimpleDocs

Lawful Interest. All agreements between Obligors and Lender are hereby expressly limited so that in no event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to Lender for the use or the forbearance of the indebtedness evidenced hereby exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. In this regard, it is expressly agreed that it is the intent of Obligors and Lender in the execution, delivery and acceptance of this Note to contract in strict compliance with the laws of the State of Connecticut from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the Loan Documents (as defined in the Loan and Security Agreement) at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever Lender should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance evidenced hereby and not to the payment of interest. This provision shall control every other provision of all agreements between Obligors and Lender.

Appears in 3 contracts

Samples: Acquisition/Capital Asset Line of Credit Note (Vermont Pure Holdings LTD/De), Term Note (Vermont Pure Holdings LTD/De), Revolving Line of Credit Note (Vermont Pure Holdings LTD/De)

Lawful Interest. All agreements between Obligors Borrower, each Subsidiary Guarantor and Lender Bank are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of any of the indebtedness evidenced hereby Obligations or otherwise, shall the amount paid or agreed to be paid to Lender Bank for the use or the forbearance of the indebtedness evidenced hereby Obligations exceed the maximum permissible under applicable law. As used herein, the term "β€œapplicable law" ” shall mean the law in effect as of the date hereof provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note Agreement, the Notes and the other Financing Agreements shall be governed by such new law as of its effective date. In this regard, it is expressly agreed that it is the intent of the Obligors and Lender Bank in the execution, delivery and acceptance of this Note the Financing Agreements to contract in strict compliance with the laws of the State of Connecticut from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the Loan Documents (as defined in the Loan and Security Agreement) other Financing Agreements at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or for from any circumstances whatsoever Lender Bank should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance evidenced hereby of the Loans and not to the payment of interest. This provision shall control every other provision of all agreements between Obligors Borrower, each Subsidiary Guarantor and LenderBank.

Appears in 1 contract

Samples: Credit Agreement (Axsys Technologies Inc)

Lawful Interest. All agreements between the Obligors or any of them and Lender are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of any of the indebtedness evidenced hereby Obligations or otherwise, shall the amount paid or agreed to be paid to Lender for the use or the forbearance of the indebtedness evidenced hereby Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable lawAPPLICABLE LAW" shall mean the law in effect as of the date hereof provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note Agreement, the Notes and the other Loan Documents shall be governed by such new law as of its effective date. In this regard, it is expressly agreed that it is the intent of Obligors each Obligor and Lender in the execution, delivery and acceptance of this Note the Loan Documents to contract in strict compliance with the laws of the State of Connecticut from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the other Loan Documents (as defined in the Loan and Security Agreement) at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever Lender should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance evidenced hereby of the Loans, in such manner and order of priority as Lender shall determine, in its sole discretion, and not to the payment of interest. This provision shall control every other provision of all agreements between the Obligors and Lender.

Appears in 1 contract

Samples: Credit Agreement (Zygo Corp)

AutoNDA by SimpleDocs

Lawful Interest. All agreements between Obligors and Lender Lenders are hereby expressly limited so that in no event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to any Lender or Agent for the use or the forbearance of the indebtedness evidenced hereby exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note Agreement and the Notes shall be governed by such new law as of its effective date. In this regard, it is expressly agreed that it is the intent of Obligors and Lender Lenders in the execution, delivery and acceptance of this each Note to contract in strict compliance with the laws of the State of Connecticut from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof hereof, of any Note or of any of the Loan Documents (as defined in the Loan and Security Agreement) at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever any Lender or the Agent should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance evidenced hereby and not to the payment of interest. This provision shall control every other provision of all agreements between Obligors Obligors, the Lenders and Lenderthe Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Vermont Pure Holdings LTD/De)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!