Common use of Loan Charges Clause in Contracts

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

Samples: Funding Loan Agreement, Funding Loan Agreement, Funding Loan Agreement

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Loan Charges. Xxxxxxxx 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 Xxxxxxxx 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

Samples: 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

Samples: 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

Samples: 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 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"). a) 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. (b) Borrxxxx xxxees 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 Loan Documents shall be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate greater than the maximum interest rate permitted to be charged under applicable law.

Appears in 3 contracts

Samples: Multifamily Note (Arv Assisted Living Inc), Multifamily Note (American Retirement Villas Properties Iii LTD Partnership), Multifamily Note (American Retirement Villas Properties Ii)

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

Samples: 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 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

Samples: 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

Samples: Funding Loan Agreement, Funding Loan Agreement

Loan Charges. Xxxxxxxx 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 Xxxxxxxx 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

Samples: Mortgage Note (American Realty Capital New York Recovery Reit 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 Xxxxxxxx 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

Samples: Memorandum of Understanding

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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 Series 2022 Funding Loan is interpreted so that any interest or other charge provided for herein or in any other Financing DocumentDocument evidencing or securing the Series 2022 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 1 contract

Samples: 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

Samples: Funding Loan Agreement

Loan Charges. Bxxxxxxx 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 Bxxxxxxx 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

Samples: Mortgage Note (Clipper Realty Inc.)

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

Samples: Consolidation, Modification and Extension Agreement, Assignment of Leases and Rents and Security Agreement (Clipper Realty 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 Xxxxxxxx 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

Samples: Multifamily Note (Resource Apartment REIT III, 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

Samples: Multifamily Note (Resource Apartment REIT III, Inc.)

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