Common use of Limitation of Interest to Maximum Lawful Rate Clause in Contracts

Limitation of Interest to Maximum Lawful Rate. In no event will the rate --- --------------------------------------------- of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) and any interest paid in excess of the permitted rate will be refunded to Borrowers. Such refund will be made by application of the excessive amount of interest paid against any sums outstanding hereunder and will be applied in such order as Agent may determine. If the excessive amount of interest paid exceeds the sums outstanding, the portion exceeding the sums outstanding will be refunded in cash by Agent. Any such crediting or refunding will not cure or waive any default by Borrowers. Borrowers agree, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non- principal payment, including without limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee, premium or penalty rather than interest.

Limitation of Interest to Maximum Lawful Rate. In no event will --------------------------------------------- the rate --- --------------------------------------------- of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) and any interest paid in excess of the permitted rate will be refunded to BorrowersBorrower. Such refund will be made by application of the excessive amount of interest paid against any sums outstanding hereunder and will be applied in such order as Agent Bank may determine. If the excessive amount of interest paid exceeds the sums outstanding, the portion exceeding the sums outstanding will be refunded in cash by AgentBank. Any such crediting or refunding will not cure or waive any default by BorrowersBorrower. Borrowers agreeBorrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non- non-principal payment, including without limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee, premium or penalty rather than interest.

Limitation of Interest to Maximum Lawful Rate. In no event will shall the rate --- --------------------------------------------- of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) and any interest paid in excess of the permitted rate will shall be refunded to BorrowersMaker. Such refund will shall be made by application of the excessive amount of interest paid against any sums outstanding hereunder under this Note and will shall be applied in on such order as Agent Payee may determine. If the excessive amount of interest paid exceeds the sums outstandingoutstanding under this Note, the portion exceeding the sums outstanding will under this Note shall be refunded in cash by AgentPayee. Any such crediting or refunding will refund shall not cure or waive any default by BorrowersMaker hereunder. Borrowers agreeMaker agrees, however, that in determining whether or not any interest payable hereunder under this Note exceeds the highest rate permitted by law, any non- non-principal payment, including without limitation prepayment fees and late charges, will shall be deemed to the extent permitted by law to be an expense, fee, premium or penalty rather than interest.

Limitation of Interest to Maximum Lawful Rate. In no event will the rate --- --------------------------------------------- of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) and any interest paid in excess of the permitted rate will be refunded to BorrowersBorrower. Such refund will be made by application of the excessive amount of interest paid against any sums outstanding hereunder and will be applied in such order as Agent may determine. If the excessive amount of interest paid exceeds the sums outstanding, the portion exceeding the sums outstanding will be refunded in cash by AgentLenders. Any such crediting or refunding will not cure or waive any default Default by BorrowersBorrower. Borrowers agreeBorrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non- principal nonprincipal payment, including without limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee, premium or penalty rather than interest.

Limitation of Interest to Maximum Lawful Rate. In no event will the rate --- --------------------------------------------- of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) and any interest paid in excess of the permitted rate will be refunded to BorrowersBorrower. Such refund will be made by application of the excessive amount of interest paid against any sums outstanding hereunder and will be applied in such order as Agent may determine. If the excessive amount of interest paid exceeds the sums outstanding, the portion exceeding the sums outstanding will be refunded in cash by Agent, for the account of Lenders. Any such crediting or refunding will not cure or waive any default by BorrowersBorrower. Borrowers agreeBorrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non- non-principal payment, including without limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee, premium or penalty rather than interest.

Limitation of Interest to Maximum Lawful Rate. In no event will the rate --- --------------------------------------------- of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) and any interest paid in excess of the permitted rate will be refunded to BorrowersBorrower. Such refund will be made by application of the excessive amount of interest paid against any sums outstanding hereunder and will be applied in such order as Agent Bank may determine. If the excessive amount of interest paid exceeds the sums outstanding, the portion exceeding the sums outstanding will be refunded in cash by AgentBank. Any such crediting or refunding will not cure or waive any default by BorrowersBorrower. Borrowers agreeBorrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non- non-principal paymentpayment (other than interest and outstanding Default Interest), including without limitation such as prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee, premium or penalty rather than interest.

Limitation of Interest to Maximum Lawful Rate. In no event will --------------------------------------------- the rate --- --------------------------------------------- of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) and any interest paid in excess of the permitted rate will be refunded to Borrowers. Such refund will be made by application of the excessive amount of interest paid against any sums outstanding hereunder and will be applied in such order as Agent Bank may determine. If the excessive amount of interest paid exceeds the sums outstanding, the portion exceeding the sums outstanding will be refunded in cash by AgentBank. Any such crediting or refunding will not cure or waive any default by BorrowersEvent of Default. Borrowers agree, however, agree that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non- principal nonprincipal payment, including without limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee, premium or penalty rather than interest.

Limitation of Interest to Maximum Lawful Rate. In no event will the rate --- --------------------------------------------- of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) and any interest paid in excess of the permitted rate will be refunded to BorrowersBorrower. Such refund will be made by application of the excessive amount of interest paid against any sums outstanding hereunder and will be applied in such order as Agent Lender may determine. If the excessive amount of interest paid exceeds the sums outstanding, the portion exceeding the sums outstanding will be refunded in cash by AgentLender. Any such crediting or refunding will not cure or waive any default Default or Event of Default by BorrowersBorrower. Borrowers agreeBorrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non- non-principal payment, including without limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee, premium or penalty rather than interest.