Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "Maximum Interest Rate"). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Document, whether considered separately or together with other charges provided for in any other Financing Document, violates that law, and Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 9 contracts
Sources: Funding Loan Agreement, Funding Loan Agreement, Funding Loan Agreement
Loan Charges. ▇▇▇▇▇▇▇▇ agrees to pay an effective rate of interest equal to the sum of the interest rate provided for in this Note and any additional rate of interest resulting from any other charges of interest or in the nature of interest paid or to be paid in connection with the loan evidenced by this Note and any other fees or amounts to be paid by Borrower pursuant to any of the other Loan Documents. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor ▇▇▇▇▇▇▇▇ is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 5 contracts
Sources: Multifamily Note, Purchase Money Note (Steadfast Income REIT, Inc.), Multifamily Note (American Community Properties Trust)
Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "“Maximum Interest Rate"”). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Document, whether considered separately or together with other charges provided for in any other Financing Document, violates that law, and Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 5 contracts
Sources: Funding Loan Agreement, Funding Loan Agreement, Funding Loan Agreement
Loan Charges. Borrower agrees to pay an effective rate of interest equal to the sum of the interest rate provided for in this Note and any additional rate of interest resulting from any other charges of interest or in the nature of interest paid or to be paid in connection with the loan evidenced by this Note and any other fees or amounts to be paid by Borrower pursuant to any of the other Loan Documents. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor Borrower is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 4 contracts
Sources: Lender Acquisition Agreement (Sylios Corp), Master Credit Facility Agreement (Mid America Apartment Communities Inc), Master Credit Facility Agreement (Mid America Apartment Communities Inc)
Loan Charges. Neither this Note nor any of the other Financing Borrower Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the rate of maximum interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Borrower Loan Document, whether considered separately or together with other charges provided for in any other Financing Borrower Loan Document, violates that law, and Obligor ▇▇▇▇▇▇▇▇ is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 3 contracts
Sources: Multifamily Note, Multifamily Note, Multifamily Note
Loan Charges. Neither this Governmental Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "“Maximum Interest Rate"”). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Document, whether considered separately or together with other charges provided for in any other Financing Document, violates that law, and Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Governmental Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Governmental Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Governmental Note.
Appears in 3 contracts
Sources: Funding Loan Agreement, Funding Loan Agreement, Funding Loan Agreement
Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "“Maximum Interest Rate"”). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Funding Loan is interpreted so that any interest or other charge provided for herein or in any other Financing DocumentDocument evidencing or securing the Funding Loan, whether considered separately or together with other charges provided for in any such other Financing Document, violates that law, and the Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 3 contracts
Sources: Funding Loan Agreement, Funding Loan Agreement, Funding Loan Agreement
Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "Maximum Interest Rate"). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor Borrower is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. Borrower agrees to an effective rate of interest that is the stated rate of interest plus any additional rate of interest resulting from any other charges or fees that are to be paid by Borrower to Lender that may be found by a court of competent jurisdiction to be interest. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 2 contracts
Sources: Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (Bre Properties Inc /Md/)
Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "“Maximum Interest Rate"”). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Funding Loan is interpreted so that any interest or other charge provided for herein or in any other Financing DocumentDocument evidencing or securing the Funding Loan, whether considered separately or together with other charges provided for in any such other Financing Document, violates that law, and the Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute constitutes interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 2 contracts
Sources: Funding Loan Agreement, Funding Loan Agreement
Loan Charges. Neither this Governmental Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "Maximum Interest Rate"). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Document, whether considered separately or together with other charges provided for in any other Financing Document, violates that law, and Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Governmental Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Governmental Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Governmental Note.
Appears in 2 contracts
Sources: Funding Loan Agreement, Funding Loan Agreement
Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "Maximum Interest Rate"). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Document, whether considered separately or together with other charges provided for in any other Financing Document, violates that law, and the Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 1 contract
Sources: Funding Loan Agreement
Loan Charges. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor ▇▇▇▇▇▇▇▇ is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted ______________________________________________________________________________ P AGE 9 to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 1 contract
Sources: Memorandum of Understanding
Loan Charges. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor Borrower is entitled to the benefit of that law, that interest or int▇▇▇▇▇ ▇▇ charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 1 contract
Loan Charges. ▇▇▇▇▇▇▇▇ agrees to pay an effective rate of interest equal to the sum of the Interest Rate provided for in this Note and any additional rate of interest resulting from any other charges of interest or-in the nature of interest paid or to be paid in connection with the Loan and any other fees or amounts to be paid by Borrower pursuant to any of the other Loan Documents. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor ▇▇▇▇▇▇▇▇ is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise otherwise, required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 1 contract
Sources: Mortgage Note (American Realty Capital New York Recovery Reit Inc)
Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "“Maximum Interest Rate"”). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Tax-Exempt Funding Loan is interpreted so that any interest or other charge provided for in any Financing Document, whether considered separately or together with other charges provided for in any other Financing Document, violates that law, and Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 1 contract
Sources: Funding Loan Agreement
Loan Charges. Borrower agrees to pay an effective rate of interest equal to the sum of the Interest Rate provided for in this Note and any additional rate of interest resulting from any other charges of interest or in the nature of interest paid or to be paid in connection with the Loan and any other fees or amounts to be paid by Borrower pursuant to any of the other Loan Documents. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor Borrower is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 1 contract
Loan Charges. Borrower agrees to pay an effective rate of interest equal to the su▇ ▇▇ ▇▇▇ interest rate provided for in this Note and any additional rate of interest resulting from any other charges of interest or in the nature of interest paid or to be paid in connection with the loan evidenced by this Note and any other fees or amounts to be paid by Borrower pursuant to any of the other Loan Documents. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor Borrower is entitled to the benefit of that law, that interest or charge is ch▇▇▇▇ ▇▇ hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 1 contract
Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "“Maximum Interest Rate"”). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Taxable Funding Loan is interpreted so that any interest or other charge provided for in any Financing Document, whether considered separately or together with other charges provided for in any other Financing Document, violates that law, and Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 1 contract
Sources: Funding Loan Agreement
Loan Charges. Neither this Note nor any of the other Financing Loan Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "“Maximum Interest Rate"”). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor ▇▇▇▇▇▇▇▇ is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 1 contract
Sources: Multifamily Note
Loan Charges. Neither this Note nor any of the other Financing Loan Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "Maximum Interest Rate"). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor ▇▇▇▇▇▇▇▇ is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this NoteNote without any prepayment premium due thereon. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
2. The definition of “Lockout Period” in Section 1(a) is amended and restated as follows:
Appears in 1 contract
Sources: Multifamily Note (Resource Apartment REIT III, Inc.)
Loan Charges. Neither this Note nor any of the other Financing Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "“Maximum Interest Rate"”). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Document, whether considered separately or together with other charges provided for in any other Financing Document, violates that law, and the Obligor is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor has been violated, all indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Appears in 1 contract
Sources: Funding Loan Agreement
Loan Charges. B▇▇▇▇▇▇▇ agrees to pay an effective rate of interest equal to the sum of the Interest Rate provided for in this Note and any additional rate of interest resulting from any other charges of interest or in the nature of interest paid or to be paid in connection with the Loan and any other fees or amounts to be paid by Borrower pursuant to any of the other Loan Documents. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor B▇▇▇▇▇▇▇ is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining deter___iining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 1 contract
Sources: Mortgage Note (American Realty Capital New York Recovery Reit Inc)
Loan Charges. Neither this Note nor any of the other Financing Loan Documents will be construed to create a contract for the use, forbearance, or detention of money requiring payment of interest at a rate greater than the rate of interest which results in the maximum amount of interest allowed by applicable law (the "Maximum Interest Rate"). If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor Borrower is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will be applied by Funding Lender to reduce the unpaid principal balance of this NoteNote without any prepayment premium due thereon. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading will be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
5. The definition “Security Instrument” in Section 1(a) is deleted.
Appears in 1 contract
Sources: Multifamily Note (Resource Apartment REIT III, Inc.)
Loan Charges. Neither this Note nor any of the other Financing Loan Documents will shall be construed to create a contract for the use, forbearance, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate of interest which results in the maximum amount of interest allowed by permitted to be charged under applicable law (the "Maximum Interest Rate")law. If any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower in connection with the Funding Loan is interpreted so that any interest or other charge provided for in any Financing Loan Document, whether considered separately or together with other charges provided for in any other Financing Loan Document, violates that law, and Obligor Borrower is entitled to the benefit of that law, that interest or in▇▇▇▇▇▇ ▇r charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Funding Lender in excess of the permitted amounts will shall be applied by Funding Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Obligor Borrower has been violated, all indebtedness Indebtedness that constitutes interest, as well as all other charges made in connection with the indebtedness Indebtedness that constitute interest, will shall be deemed to be allocated and spread ratably over the stated term of this the Note. Unless otherwise required by applicable law, such allocation and spreading will shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this the Note.
Appears in 1 contract
Sources: Multifamily Note (Secured Investment Resources Fund Lp Iii)