MAXIMUM INTEREST; CONTROLLING AGREEMENT. The contracted for rate of interest of the Loan without limitation, shall consist of the following: (i) the Stated Interest Rate, calculated and applied to the principal balance of the Note in accordance with the provisions of the Note and this Agreement; (ii) interest after Event of Default or due date, calculated and applied to the amounts due under the Note in accordance with the provisions thereof; and (iii) all Additional Sums (as herein defined), if any. Borrower agrees to pay an effective contracted for rate of interest which is the sum of the above-referenced elements. All fees, charges, goods, things in action or any other sums or things of value (other than amounts described in the immediately previous paragraph), paid or payable by Borrower (collectively, the "Additional Sums"), whether pursuant to the Note, this Agreement or any other documents or instruments in any way pertaining to this lending transaction, or otherwise with respect to this lending transaction, that under any applicable law may be deemed to be interest with respect to this lending transaction, for the purpose of any applicable law that may limit the maximum amount of interest to be charged with respect to this lending transaction, shall be payable by Borrower as, and shall be deemed to be, additional interest and for such purposes only, the agreed upon and "contracted for rate of interest" of this lending transaction shall be deemed to be increased by the rate of interest resulting from the inclusion of the Additional Sums. It is the intent of the parties to comply with the usury law ("Applicable Usury Law") applicable pursuant to the terms of the preceding paragraph or such other usury law which is applicable if the law chosen by the parties is not applicable. Accordingly, it is agreed that notwithstanding any provisions to the contrary in the Loan Documents, or in any of the documents securing payment hereof or otherwise relating hereto, in no event shall the Loan Documents or such documents require the payment or permit the collection of interest in excess of the maximum contract rate permitted by the Applicable Usury Law. In the event (a) any such excess of interest otherwise would be contracted for, charged or received from Borrower or otherwise in connection with the loan evidenced hereby, or (b) the maturity of the indebtedness evidenced by the Loan Documents is accelerated in whole or in part, or (c) all or part of the principal or interest of the Loan Documents shall...
MAXIMUM INTEREST; CONTROLLING AGREEMENT. (a) The contracted for rate of interest of each Loan, without limitation, shall consist of the following: (i) the Applicable Stated Interest Rate, calculated and applied to the principal balance of the applicable Note in accordance with the provisions of the applicable Note and this Agreement; (ii) additional interest charged when the Default Rate is charged pursuant to the terms hereof, calculated and applied to the amounts due under the applicable Note in accordance with the provisions of the applicable Note and this Agreement; and (iii) all Additional Sums, if any. Borrowers agree to pay an effective contracted for rate of interest which is the sum of the above-referenced elements.
MAXIMUM INTEREST; CONTROLLING AGREEMENT. If a court of competent jurisdiction determines that the laws of any state other than the State of Arizona apply to this Agreement then the following paragraph A. shall be applicable to this Agreement and paragraph 2.7.B. hereinbelow shall be of no force or effect.
MAXIMUM INTEREST; CONTROLLING AGREEMENT. (a) The contracted rate of interest on the Loan without limitation, shall consist of the following: (i) the Stated Interest Rate, calculated and applied to the principal balance of the Note in accordance with the provisions of the Note and this Agreement (or, only with respect to the period from the date of this Agreement to September 30, 2006, inclusive, the Initial Interest Amount); (ii) additional interest charged when the Default Rate is charged pursuant to the terms hereof, calculated and applied to the amounts due under the Note in accordance with the provisions of the Note and this Agreement; and (iii) all Additional Sums, if any. Borrower agrees to pay an effective contracted for rate of interest which is the sum of the above-referenced elements.
MAXIMUM INTEREST; CONTROLLING AGREEMENT. (a) The contracted for rate of interest set forth in this Agreement without limitation, shall consist of the following: (i) the Interest Rate, calculated and applied to the Principal Amount in accordance with the provisions of this Agreement; (ii) interest after any Event of Default or due date at the Default Rate, calculated and applied to the amounts due in accordance with the provisions of this Agreement; and (iii) all Additional Sums, if any. The Borrower agrees to pay an effective contracted for rate of interest which is the sum of the above-referenced elements.
