Maximum Interest Payable. The Issuer, the Indenture Trustee and the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this Indenture, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this Indenture, the Notes or any instrument pertaining to or relating to or executed in connection with this Indenture or the Notes shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Issuer nor any other party liable or to become liable hereunder, under the Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this Section shall control over all other provisions of this Indenture, the Notes or any other instrument pertaining to or relating to the transactions herein or therein contemplated. If any amount of interest taken or received by the Indenture Trustee or any Holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by the Indenture Trustee or such Holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall be automatically applied to the reduction of the principal amount owing under the Notes or if such excessive interest exceeds the unpaid principal balance of the Notes, such excess shall be refunded promptly by the Person receiving such amount to the party paying such amount. All amounts paid or agreed to be paid in connection with such transactions which would under applicable law be deemed “interest” shall, to the extent permitted by such applicable law, be amortized, prorated, allocated and spread throughout the stated term of this Indenture. “
Maximum Interest Payable. The Issuer, the Indenture Trustee and the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this Indenture, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this Indenture, the Notes or any instrument pertaining to or relating to or executed in connection with this Indenture or the Notes shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Issuer nor any other party liable or to become liable hereunder, under the Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this Section shall control over all other provisions of this Indenture, the Notes or any other instrument pertaining to or relating to the transactions herein or therein contemplated. If any amount of interest taken or received by the Indenture Trustee or any Holder
Maximum Interest Payable. Each of the parties hereto and the Holders of the Notes and the Holders of the Receivables specifically intend and agree to limit contractually the amount of interest payable under the Transaction Documents and all other instruments and agreements related thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of the Transaction Documents or any instrument pertaining to or relating thereto shall ever be construed to create a contract to pay interest at a rate in excess of the maximum rate permitted to be charged under applicable law, and none of the Transaction Parties, any guarantor nor any other party liable or to become liable under the Transaction Documents, any guaranty or under any other instruments and agreements related thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this Section 8.14 shall control over all other provisions of the Transaction Documents, any guaranty or any other instrument pertaining to or relating to the transactions herein and therein contemplated. If any amount of interest taken or received by the Purchaser, any Holder of the Notes or any Holder of the
Maximum Interest Payable. All agreements between the Borrower and the Lender, whether now existing or subsequently arising and whether written or oral, are limited so that in no contingency, whether by reason of acceleration of the maturity of the Note or otherwise, shall the interest contracted for, charged, received, paid or agreed to be paid to the Lender exceed the maximum amount permissible under applicable law. If, for any reason, interest would otherwise be payable to the Lender in excess of the maximum lawful amount, the interest payable to the Lender shall be reduced to the maximum amount permitted under applicable law; and if for any reason the Lender shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be applied to the reduction of the principal under this Note and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal under the Note, such excess shall be refunded to the Borrower. All interest paid or agreed to be paid to the Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full period until payment in full of the principal (including the period of any renewal or extension) so that the interest for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the Borrower and the Lender.
Maximum Interest Payable. Neither this Mortgage nor any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount not prohibited by law. If herein or in any other Loan Document any excess of interest in such respect is provided for or shall be adjudicated to be so provided for, neither Mortgagor nor its successors or assigns shall be obligated to pay such interest in excess of the maximum amount not prohibited by law, and the right to demand the payment of any such excess shall be and hereby is waived and any excess shall be promptly applied to principal or, if required by law, refunded; and this provision shall control any other provision of this Mortgage or any other Loan Document.
Maximum Interest Payable. None of the provisions of the Mortgage, the Note, or the Collateral Loan Documents shall have the effect of, or be construed as, requiring or permitting Borrower to pay interest in excess of the highest rate per annum allowed by the laws of the state in which the Premises are located on any item or items of indebtedness referred to herein. If under any circumstances Lender shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, ipso facto, be applied to the reduction of the unpaid principal balance due hereunder and not to the payment of interest.
Maximum Interest Payable. 20510355.11
Maximum Interest Payable. 46 12.17 Counterparts.........................................................................46
Maximum Interest Payable. 49 Section 11.7. Action by the Required Holders .................................................. 50 Section 11.8. Counterparts .................................................................... 50 Section 11.9. Successors and Assigns .......................................................... 50 Section 11.10. Table of Contents, Headings .................................................... 50 Section 11.11. GOVERNING LAW .................................................................. 50 Section 11.12. Incorporated Schedules and Exhibits ............................................ 50 Section 11.13. Section References ............................................................. 50 EXHIBIT A-1 Form of Series A Note EXHIBIT A-2 Form of Series B Note EXHIBIT B Form of Certificate of Authentication ANNEX A Certain Definitions SCHEDULE A Land SCHEDULE B Payment Instructions INDENTURE dated as of August 31, 1999 (herein, together with all amendments and supplements hereto, this "INDENTURE"), from MCI X'XXXXXX 1999 TRUST, a business trust organized under the laws of the State of Delaware (the "BORROWER"); to STATE STREET BANK AND TRUST COMPANY OF MISSOURI, N.A., a national banking association, not in its individual capacity except as expressly provided herein, but solely as Indenture Trustee (together with its successors, substitutes and assigns in such capacity, the "INDENTURE TRUSTEE") for the benefit of the Noteholders (as defined below).
Maximum Interest Payable. Despite any provision of this agreement, in no event will the aggregate "interest" (as defined in section 347 of the Criminal Code (Canada) (SECTION)) payable under this agreement exceed the effective annual rate of interest on the "credit advanced" (as defined in the Section) under this agreement lawfully permitted by the Section and if any payment collected or demanded under this agreement in respect of "interest" is determined to be contrary to the provisions of the Section, that payment, collection or demand is deemed to have been made by mutual mistake of MSV, RMBI and the Agent and the amount of that payment or collection will be refunded to MSV. For the purposes of this agreement, the effective annual rate of interest will be determined in accordance with generally accepted actuarial practices and principles over the relevant term and, in the event of dispute, a certificate of a Fellow of the Canadian Institute of Actuaries appointed by the Agent after consultation with MSV, will be prima facie evidence of that rate.
