Common use of Maximum Charges Clause in Contracts

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (ia) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (iib) such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; and (iiic) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the law, such interest rates hereunder will or other charges shall be reduced deemed to the maximum be decreased to such highest rate as is permitted under Applicable Law; (ii) such the law and the excess amount paid by Borrower, if any, shall be first applied to any unpaid principal balance owed by Borrowers; Borrower, and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; Borrower, and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; , and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; , and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawapplicable law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Lawapplicable law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Lawapplicable law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by BorrowersBorrower; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.. [PHI Group] Revolving Credit, Term Loan and Security Agreement

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by BorrowersBorrower; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final nonappealable determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by Borrowers; Borrower, and (iii) if the then remaining excess amount interest is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other ---------------- charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; Borrower, and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by BorrowersBorrower; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (ia) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (iib) such excess amount shall be first applied to any unpaid principal balance owed by BorrowersIssuer; and (iiic) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders the Collateral Agent and the Note Administrative Agent shall promptly refund such excess amount to Borrowers the Issuer, to the extent not previously distributed to the Note Purchasers, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other --------------- charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; , and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by BorrowersBorrower; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.promptly

Maximum Charges. In no event whatsoever shall interest and other --------------- charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the law, such interest rates hereunder will or other charges shall be reduced deemed to the maximum be decreased to such highest rate as is permitted under Applicable Law; (ii) such the law and the excess amount paid by Borrower, if any, shall be first applied to any unpaid principal balance owed by Borrowers; Borrower, and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder or under any other Loan Document exceed the highest rate or amount permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate or amount permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate or amount permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by BorrowersBorrower; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible raterate or amount.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event Agent or any Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) applicable hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; , and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders Cash Collateral Providers shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed owned by Borrowers; , and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (ia) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (iib) such excess amount shall be first applied to any unpaid principal balance owed by BorrowersBorrower; and (iiic) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrowing Agent, for the benefit of Borrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawapplicable law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Lawapplicable law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Lawapplicable law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by BorrowersBorrower; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.. 074658.16087/130783594v.4

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders Lender shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under Applicable Lawlaw which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Lender has received interest and other charges as computed hereunder would otherwise exceed in excess of the highest rate permitted under Applicable Law: (i) the interest rates hereunder will be reduced to the maximum rate permitted under Applicable Law; (ii) permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers; , and (iii) if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders Lender shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.