Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Instrument or of the Note, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 shall control every other provision of this Instrument and of the Note.
Appears in 4 contracts
Samples: Master Credit Agreement (JDN Realty Corp), Term Loan Credit Agreement (JDN Realty Corp), Deed of Trust and Security Agreement (Koger Equity Inc)
Limit of Validity. If from any circumstances whatsoever whatsoever, fulfillment of any provision of this Instrument Deed or of the Notenote, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then then, ipso facto facto, the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument Deed or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 1.14 shall control every other provision of this Instrument Deed and of the Note.
Appears in 3 contracts
Samples: Deed to Secure Debt and Security Agreement (Adcare Health Systems Inc), Deed to Secure Debt and Security Agreement (Adcare Health Systems Inc), Deed to Secure Debt and Security Agreement (Adcare Health Systems Inc)
Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Instrument Mortgage or of the Note, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable application usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument Mortgage or under the Note that is in excess of the current applicable limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 paragraph 1.11 shall control every other provision of this Instrument Mortgage and of the Note.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement, Loan Agreement
Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Instrument or of the Note, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 1.09 shall control every other provision of this Instrument and of the Note.
Appears in 2 contracts
Samples: Mortgage, Security Agreement and Fixture Financing Statement (Crown Crafts Inc), Mortgage, Security Agreement and Fixture Financing Statement (Crown Crafts Inc)
Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Instrument Security Deed or of the Note, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument Security Deed or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 shall control every other provision of this Instrument Security Deed and of the Note.
Appears in 2 contracts
Samples: Deed to Secure Debt and Security Agreement (Koger Equity Inc), Deed to Secure Debt and Security Agreement (Koger Equity Inc)
Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Instrument Deed or of the Note, at the time performance of such provision shall be due, shall involve transcending the limit limits of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument Deed or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 Section 1.14 shall control every other provision of this Instrument Deed and of the Note.
Appears in 1 contract
Samples: Deed to Secure Debt and Security Agreement (Roberts Realty Investors Inc)
Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Instrument or of the NoteNotes, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 shall control every other provision of this Instrument and of the Note.
Appears in 1 contract
Limit of Validity. If from any circumstances whatsoever whatsoever, fulfillment of any provision of this Instrument Deed or of the Note, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute statue or any other applicable law, with regard to obligations of like character and or amount, then ipso facto facto, the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument Deed or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 26 shall control every other provision of this Instrument Deed and of the Note.
Appears in 1 contract
Samples: Deed to Secure Debt, Assignment of Rents and Security Agreement (Roberts Realty Investors Inc)
Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Instrument or of the NoteNotes or of any other Transaction Document, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument or under the Note Notes that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 7.03 shall control every other provision of this Instrument and of the NoteNotes.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Security Agreement (Vincam Group Inc)
Limit of Validity. If from any circumstances circumstance whatsoever fulfillment of any provision of this Instrument Deed or of the Note, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument Deed or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 1.14 shall control every other provision of this Instrument Deed and of the Note.
Appears in 1 contract
Samples: Deed to Secure Debt and Security Agreement (Servidyne, Inc.)
Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Instrument or of the NoteNotes, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 1.11 shall control every other provision of this Instrument and of the NoteNotes.
Appears in 1 contract
Limit of Validity. If from any circumstances whatsoever fulfillment ----------------- of any provision of this Instrument or of the Note, at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Instrument or under the Note that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity. The provisions of this Paragraph 1.13 shall control every other provision of this Instrument and of the Note.
Appears in 1 contract