Common use of LAWFUL LIMITS Clause in Contracts

LAWFUL LIMITS. This Term Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender shall promptly refund such excess amount to Borrower and the xxxxxxions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Revolving Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Agent and each Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Agent or any Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower Borrowers hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Agent and each Lender shall promptly refund such excess amount to Borrower Borrowers and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Revolving Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in In no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender Agent or the Lenders for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Agent or any Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunderhereunder (to the extent not constituting interest under applicable law), then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunderbalance, Lender Agent shall promptly refund such excess amount to Borrower and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 2.9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note C is hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to the Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, If due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, and if the Lender shall have received interest interest, or any other charges payment of any kind which might be deemed to be interest under applicable law in excess of the highest maximum lawful rate, then such excess amount shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower the Company hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower the Company and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 SECTION 10 shall control to the extent any other provision of this Term Note C or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note B-2 is hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to the Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, If due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, and if the Lender shall have received interest interest, or any other charges payment of any kind which might be deemed to be interest under applicable law in excess of the highest maximum lawful rate, then such excess amount shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower the Company hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower the Company and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 SECTION 10 shall control to the extent any other provision of this Term Note B-2 or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Bridge Note is hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to the Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, If due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, and if the Lender shall have received interest interest, or any other charges payment of any kind which might be deemed to be interest under applicable law in excess of the highest maximum lawful rate, then such excess amount shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower the Company hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower the Company and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 SECTION 10 shall control to the extent any other provision of this Term Bridge Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than grexxxx xxxn the previously unpaid principal balance hereunder, Lender shall promptly refund such excess amount to Borrower and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note B-1 is hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to the Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, If due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, and if the Lender shall have received interest interest, or any other charges payment of any kind which might be deemed to be interest under applicable law in excess of the highest maximum lawful rate, then such excess amount shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower the Company hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower the Company and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 SECTION 10 shall control to the extent any other provision of this Term Note B-1 or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Loan Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Lxxxxx shall promptly refund such excess amount to Borrower and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in In no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunderbalance, Lender shall promptly refund such excess amount to Borrower and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 SECTION 3.4 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note A-1 is hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to the Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, If due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, and if the Lender shall have received interest interest, or any other charges payment of any kind which might be deemed to be interest under applicable law in excess of the highest maximum lawful rate, then such excess amount shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower the Company hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower the Company and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 SECTION 10 shall control to the extent any other provision of this Term Note A-1 or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in In no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender Lender, for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law Applicable Law in excess of the maximum lawful rateMaximum Rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower Borrowers hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunderbalance, Lender shall promptly refund such excess amount to Borrower Borrowers in an account designated by the Borrowers and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 3.1 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender for the use, forbearance or detention of money hereunder under this Note exceed the maximum rate permissible under applicable law which that a court of competent jurisdiction shall, in a final determination, deem applicable heretoto this Note. If, due to any circumstance whatsoever, fulfillment of any provision hereofof this Loan Agreement, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender shall have received interest or any other charges of any kind which that might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunderunder this Note, then to unpaid principal balance owed by Borrower hereunderBorrowers under this Note, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunderunder this Note, Lender shall promptly refund such excess amount to Borrower Borrowers and the xxxxxxions hereof provisions of this Loan Agreement shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in In no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender Agent for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender Agent shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunderhereunder (to the extent not constituting interest under applicable law), then to unpaid principal balance owed by Borrower hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunderbalance, Lender Agent shall promptly refund such excess amount to Borrower and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note or any Loan Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note is expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to Lender Administrative Agent and any Holder for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then the obligation to be so fulfilled shall be reduced to such lawful limit, and, if Lender Administrative Agent and any Holder, or any of them, shall have received interest or any other charges of any kind which might be deemed to be interest under applicable law in excess of the maximum lawful rate, then such excess shall be applied first to any unpaid fees and charges hereunder, then to the unpaid principal balance owed by Borrower hereunderCompany hereunder and under any other promissory notes executed in connection with the Term Loans (the “Other Notes”), and if the then remaining excess interest is greater than the previously unpaid principal balance hereunderhereunder and under the Other Notes, Lender Administrative Agent and Holder shall promptly refund such excess amount to Borrower Company and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 shall control to the extent any other provision of this Term Note Note, the Credit Agreement or any Loan other Credit Document is inconsistent herewith.

LAWFUL LIMITS. This Term Note A-2 is hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration or otherwise, shall the interest and other charges paid or agreed to be paid to the Lender for the use, forbearance or detention of money hereunder exceed the maximum rate permissible under applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. If, If due to any circumstance whatsoever, fulfillment of any provision hereof, at the time performance of such provision shall be due, shall exceed any such limit, then then, the obligation to be so fulfilled shall be reduced to such lawful limit, and, and if the Lender shall have received interest interest, or any other charges payment of any kind which might be deemed to be interest under applicable law in excess of the highest maximum lawful rate, then such excess amount shall be applied first to any unpaid fees and charges hereunder, then to unpaid principal balance owed by Borrower the Company hereunder, and if the then remaining excess interest is greater than the previously unpaid principal balance hereunder, Lender Xxxxxx shall promptly refund such excess amount to Borrower the Company and the xxxxxxions provisions hereof shall be deemed amended to provide for such permissible rate. The terms and provisions of this Section 9 SECTION 10 shall control to the extent any other provision of this Term Note A-2 or any Loan Document is inconsistent herewith.