Maximum Interest Rate. Nothing contained herein or in any document referred to herein or delivered in connection herewith shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest or dividends required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Company to the Holder and thus refunded to the Company.
Appears in 39 contracts
Samples: Facility Agreement (Kempharm, Inc), Facility Agreement (IMRIS Inc.), Certain Registration Rights Agreement (Discovery Laboratories Inc /De/)
Maximum Interest Rate. Nothing contained herein or in any document referred to herein or delivered in connection herewith shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest or dividends required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Company to the Holder and thus thereby refunded to the Company.
Appears in 9 contracts
Samples: Registration Rights Agreement (Sunpower Corp), Registration Rights Agreement (TotalEnergies SE), Registration Rights Agreement (Global Infrastructure Investors III, LLC)
Maximum Interest Rate. Nothing contained herein or in any document referred to herein or delivered in connection herewith shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest or dividends required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Company to the Holder and thus thereby refunded to the Company.
Appears in 6 contracts
Samples: Registration Rights Agreement (Endologix Inc /De/), Facility Agreement (Endologix Inc /De/), Melinta Therapeutics, Inc. /New/
Maximum Interest Rate. Nothing contained herein or in any document referred to herein or delivered in connection herewith shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest or dividends required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Company to the Holder Subscriber and thus refunded to the Company.
Appears in 5 contracts
Samples: Form of Subscription Agreement (China Logistics Group Inc), Subscription Agreement (China Armco Metals, Inc.), Subscription Agreement (China Armco Metals, Inc.)
Maximum Interest Rate. Nothing contained herein or in any document referred to herein or delivered in connection herewith shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest or dividends required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Company to the Holder and thus refunded to the Company.
Appears in 3 contracts
Samples: Dynavax Technologies Corp, Third Wave Technologies Inc /Wi, Third Wave Technologies Inc /Wi
Maximum Interest Rate. Nothing contained herein or in any document referred to herein or delivered in connection herewith shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest or dividends required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Company to the Holder and thus refunded to the Company. 11.
Appears in 1 contract
Samples: Certain Registration Rights Agreement (Discovery Laboratories Inc /De/)
Maximum Interest Rate. Nothing contained herein or in any document referred to herein or delivered in connection herewith shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest or dividends required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Company or Allora, as applicable, to the Holder and thus refunded to the CompanyCompany or Allora, as applicable.
Appears in 1 contract
Samples: Allora Minerals, Inc.