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 Borrower. Such refund will be made by application of the excess amount of interest paid against any Obligations and will be applied in such order as Lender may determine. If the excess amount of interest paid exceeds the Obligations outstanding, the portion exceeding the Obligations outstanding will be refunded in cash by Lender. Any such crediting or refunding will not cure or waive any default by Borrower not attributable to such excess interest. Borrower agrees, 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 or premium 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 Borrower. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender Agent may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by LenderAgent, for the account of Lenders. Any such crediting or refunding will not cure or waive any default by Borrower not attributable to such excess interestBorrower. Borrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non-principal payment, including, including without limitation, limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee fee, premium or premium 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 Borrower. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender Bank may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by LenderBank. Any such crediting or refunding will not cure or waive any default by Borrower not attributable to such excess interestBorrower. Borrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any 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 fee, premium or premium 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 BorrowerBorrowers. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender Bank may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by LenderBank. Any such crediting or refunding will not cure or waive any default by Borrower not attributable to such excess interestEvent of Default. Borrower agrees, however, Borrowers agree that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non-principal nonprincipal payment, including, including without limitation, limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee fee, premium or premium 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 Borrower. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender Agent may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by LenderLenders. Any such crediting or refunding will not cure or waive any default Default by Borrower not attributable to such excess interestBorrower. Borrower 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, including without limitation, limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee fee, premium or premium 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 Borrower. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender the Required Lenders may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by Lendersuch Lenders. Any such crediting or refunding will not cure or waive any default by Borrower not attributable to such excess interestEvent of Default. Borrower agrees, however, agrees that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non-principal nonprincipal payment, including, including without limitation, limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee fee, premium or premium 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 Borrowerthe Company. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender Agent may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by LenderAgent, for the account of the Lenders. Any such crediting or refunding will not cure or waive any default by Borrower not attributable to such excess interestthe Company. Borrower The Company agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non-principal payment, including, including without limitation, limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee fee, premium or premium 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 Borrower. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender Bank may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by LenderBank. Any such crediting or refunding will not cure or waive any default by Borrower not attributable to such excess interestBorrower. Borrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non-principal payment, including, including without limitation, limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee fee, premium or premium 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 BorrowerBorrowers. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender Agent may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by LenderAgent. Any such crediting or refunding will not cure or waive any default by Borrower not attributable to such excess interestBorrowers. Borrower agreesBorrowers agree, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non-non- principal payment, including, including without limitation, limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee fee, premium or premium 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 Borrower. Such refund will be made by application of the excess excessive amount of interest paid against any Obligations sums outstanding hereunder and will be applied in such order as Lender may determine. If the excess excessive amount of interest paid exceeds the Obligations sums outstanding, the portion exceeding the Obligations sums outstanding will be refunded in cash by Lender. Any such crediting or refunding will not cure or waive any default Default or Event of Default by Borrower not attributable to such excess interestBorrower. Borrower agrees, however, that in determining whether or not any interest payable hereunder exceeds the highest rate permitted by law, any non-principal payment, including, including without limitation, limitation prepayment fees and late charges, will be deemed to the extent permitted by law to be an expense, fee fee, premium or premium penalty rather than interest.