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Common use of Limit of Validity Clause in Contracts

Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Deed of Trust or the Installment Financing Contract 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 Deed of Trust or the Installment Financing Contract that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity.

Appears in 3 contracts

Samples: Deed of Trust, Security Agreement and Fixture Filing, Deed of Trust, Deed of Trust

Limit of Validity. If If, from any circumstances whatsoever whatsoever, fulfillment of any provision of this Deed of Trust or of the Installment Financing Contract Note, at the time performance of such provision shall be due, shall involve transcending the 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 Deed of Trust or the Installment Financing Contract under this 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 Section 1.6 shall control every other provision of this Deed of Trust and of the Note.

Appears in 2 contracts

Samples: Master Industrial Development Lease Agreement, Master Industrial Development Lease Agreement (American Woodmark Corp)

Limit of Validity. If from any circumstances whatsoever whatsoever, fulfillment of any provision of this Deed of Trust or of the Installment Financing Contract 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 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 Deed of Trust or under the Installment Financing Contract 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 Section 1.14 shall control every other provision of this Deed of Trust and of the Note.

Appears in 2 contracts

Samples: Leasehold Deed of Trust, Security Agreement and Assignment of Rents and Leases (Clean Energy Fuels Corp.), Deed of Trust and Security Agreement (Azur International, Inc.)

Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Deed of Trust or the Installment Financing Contract 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 Deed of Trust or the Installment Financing Contract that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity.

Appears in 2 contracts

Samples: Deed of Trust, Security Agreement and Fixture Filing, Deed of Trust, Security Agreement and Fixture Filing

Limit of Validity. If from any circumstances whatsoever whatsoever, fulfillment of any provision of this Deed of Trust or of the Installment Financing Contract Promissory Notes, 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 Deed of Trust or under the Installment Financing Contract Promissory 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

Appears in 1 contract

Samples: Deed of Trust, Security Agreement, and Fixture Filing (Packaged Ice Inc)

Limit of Validity. If from fr om any circumstances whatsoever fulfillment of any provision of this Deed of Trust or the Installment Financing Contract at the time performance of such provision shall be due, shall involve transcending the limit of validity presently prescribed valid ity presen tly prescr ibed 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 Deed of Trust or the Installment Financing Contract Cont ract that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement

Limit of Validity. If from any circumstances whatsoever whatsoever, fulfillment of any provision of this Deed of Trust or of the Installment Financing Contract 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 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 Deed of Trust or under the Installment Financing Contract 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 provision of paragraph 1.07 shall control every other provision of this Deed of Trust and of the Note.

Appears in 1 contract

Samples: Indenture (McRae Industries Inc)

Limit of Validity. If from any circumstances whatsoever whatsoever, fulfillment of any provision of this Deed of Trust or of the Installment Financing Contract 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 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 Deed of Trust or under the Installment Financing Contract 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 shall control every other provision of this Deed of Trust and of the Note.

Appears in 1 contract

Samples: Deed of Trust (Bf Enterprises Inc)

Limit of Validity. If from any circumstances whatsoever whatsoever, fulfillment of any provision of this Deed of Trust or of the Installment Financing Contract Notes, 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 filled shall be reduced to the limit of such validity, so that in no event shall any exaction be possible under this Deed of Trust or under the Installment Financing Contract 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 1.14 shall control every other provision of this Deed of Trust and of the Notes.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (PMT Services Inc /Tn/)

Limit of Validity. If from any circumstances whatsoever fulfillment of any provision of this Deed or of Trust or the Installment Financing Contract Lease Agreement, 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 Deed of Trust or under the Installment Financing Contract Lease Agreement that is in excess of the current limit of such validity, but such obligation shall be fulfilled to the limit of such validity.

Appears in 1 contract

Samples: Deed to Secure Debt and Security Agreement (Fox Factory Holding Corp)