Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 659 contracts
Samples: Convertible Debenture (Caro Holdings Inc.), Convertible Debenture (Caro Holdings Inc.), Convertible Debenture (Caro Holdings Inc.)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.
Appears in 116 contracts
Samples: Secured Term Note (Thomas Equipment, Inc.), Secured Term Note (Thomas Equipment, Inc.), Security Agreement (Deja Foods Inc)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.
Appears in 86 contracts
Samples: Senior Convertible Note (Petroterra Corp.), Convertible Note Agreement (Healthcare Corp of America), Note Agreement (GreenHunter Resources, Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower Company to the Holder and thus refunded to the BorrowerCompany.
Appears in 38 contracts
Samples: Security Purchase Agreement (Surf Air Mobility Inc.), Note Purchase Agreement, Settlement Agreement (KonaRed Corp)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.
Appears in 26 contracts
Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by Buyer or the Borrower Insiders to the Holder Seller and thus refunded to Buyer or the BorrowerInsiders, as applicable.
Appears in 14 contracts
Samples: Stock Purchase Agreement (Victory Park Capital Advisors, LLC), Stock Purchase Agreement (Victory Park Capital Advisors, LLC), Stock Purchase Agreement (Armour Residential REIT, Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 12 contracts
Samples: Convertible Note (Amnis Systems Inc), Convertible Note (Kaire Holdings Inc), Convertible Note (Kaire Holdings Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 11 contracts
Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Maximum Payments. Nothing contained herein 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 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 Borrower Borrowers to the Holder and thus refunded to the Borrower.Borrowers
Appears in 10 contracts
Samples: Securities Purchase Agreement (Leo Motors, Inc.), Secured Term Note (Thomas Equipment, Inc.), Secured Term Note (Thomas Equipment, Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 10 contracts
Samples: Convertible Security Agreement (Tauriga Sciences, Inc.), Convertible Debenture (Tauriga Sciences, Inc.), Convertible Debenture (Tauriga Sciences, Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 8 contracts
Samples: Secured Convertible Promissory Note (FTS Group, Inc.), Secured Term Note (Elec Communications Corp), Secured Convertible Term Note (Sequiam Corp)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 8 contracts
Samples: Note (Youbet Com Inc), Note (Youbet Com Inc), Convertible Note (Family Room Entertainment Corp)
Maximum Payments. Nothing contained herein shall may 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 required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall will be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.
Appears in 7 contracts
Samples: Convertible Promissory Note (Cord Blood America, Inc.), Securities Purchase Agreement (Lithium Exploration Group, Inc.), Securities Purchase Agreement (Lithium Exploration Group, Inc.)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Buyer or Insider to the Holder Seller and thus refunded to the BorrowerBuyer or Insider, as applicable.
Appears in 7 contracts
Samples: Stock Purchase Agreement (White Star LLC), Stock Purchase Agreement (Centurion Credit Funding LLC), Stock Purchase Agreement (Victory Park Capital Advisors, LLC)
Maximum Payments. Nothing contained herein 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 lawLaw. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such lawLaw, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Corporation to the Holder and thus refunded to the BorrowerCorporation.
Appears in 7 contracts
Samples: Convertible Note Agreement (Samson Investment CO), Convertible Note Agreement (Samson Investment CO), Convertible Note Agreement (Ironman Energy Partners II LP)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.
Appears in 6 contracts
Samples: Secured Term Note (Texhoma Energy Inc), Secured Term Note (New Century Energy Corp.), Secured Convertible Term Note (New Century Energy Corp.)
Maximum Payments. Nothing contained herein 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 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 Borrower Borrowers to the Holder and thus refunded to the BorrowerBorrowers.
Appears in 5 contracts
Samples: Secured Revolving Note (Maxim Mortgage Corp/), Secured Convertible Minimum Borrowing Note (Maxim Mortgage Corp/), Secured Revolving Note (Thomas Equipment, Inc.)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.
Appears in 5 contracts
Samples: Secured Term Note (New Century Energy Corp.), Secured Term Note (New Century Energy Corp.), Secured Term Note (New Century Energy Corp.)
Maximum Payments. Nothing contained herein 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 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 Borrower Borrowers to the Holder and thus refunded to the BorrowerBorrowers.
Appears in 4 contracts
Samples: Promissory Note (Omni Usa Inc), Secured Revolving Note (Thomas Equipment, Inc.), Secured Convertible Minimum Borrowing Note (Hesperia Holding Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder Lender and thus refunded to the Borrower.
Appears in 4 contracts
Samples: Secured Subordinated Promissory Note (ConnectM Technology Solutions, Inc.), Promissory Note (Monterey Capital Acquisition Corp), Promissory Note (Guardion Health Sciences, Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower Company to the applicable Holder and thus refunded to the BorrowerCompany.
Appears in 4 contracts
Samples: Merger Agreement (Aditxt, Inc.), Exchange Agreement (Akerna Corp.), Loan and Security Agreement (Fuelcell Energy Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower Payor to the Holder Payee and thus refunded to the BorrowerPayor.
Appears in 4 contracts
Samples: Senior Promissory Note (Cosmos Holdings Inc.), Senior Promissory Note (Cosmos Holdings Inc.), Senior Promissory Note (Cosmos Holdings Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 4 contracts
Samples: Convertible Note (RespireRx Pharmaceuticals Inc.), Convertible Note (RespireRx Pharmaceuticals Inc.), Convertible Note (RespireRx Pharmaceuticals Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 4 contracts
Samples: Promissory Note (Smart Decision, Inc.), Promissory Note (Smart Decision, Inc.), Note (StrikeForce Technologies Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder Holders and thus refunded to the Borrower.
Appears in 3 contracts
Samples: Secured Convertible Term Note (Corgenix Medical Corp/Co), Convertible Note (Interiors Inc), Convertible Note (Interiors Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder Lender and thus refunded to the Borrower.. β
Appears in 3 contracts
Samples: Secured Subordinated Promissory Note (Monterey Capital Acquisition Corp), Secured Subordinated Promissory Note (Monterey Capital Acquisition Corp), Secured Subordinated Promissory Note (Monterey Capital Acquisition Corp)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus the remainder, if any, refunded to the Borrower.
Appears in 3 contracts
Samples: Convertible Term Note (Tidel Technologies Inc), Convertible Term Note (Tidel Technologies Inc), Convertible Term Note (Tidel Technologies Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 3 contracts
Samples: Note Purchase Agreement (Youbet Com Inc), Note (Youbet Com Inc), Note (Youbet Com Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower Company to the Holder Purchaser and thus refunded to the BorrowerCompany.
Appears in 3 contracts
Samples: Securities Purchase Agreement (It&e International Group), Secured Convertible Term Note (It&e International Group), Omnibus Amendment (It&e International Group)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 3 contracts
Samples: Unsecured Promissory Note (Brekford International Corp.), Unsecured Promissory Note (Brekford International Corp.), Unsecured Promissory Note (Brekford International Corp.)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.
Appears in 2 contracts
Samples: Secured Convertible Note (On the Go Healthcare Inc), Secured Convertible Note (On the Go Healthcare Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower Company to the Holder and thus and, if there shall remain any excess after such application, such excess shall be refunded to the BorrowerCompany.
Appears in 2 contracts
Samples: Security Agreement (22nd Century Group, Inc.), Credit Agreement (dELiAs, Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower Company to the Holder and thus and, if there shall remain any excess after such application, such excess shall be refunded to the Borrower.Company
Appears in 2 contracts
Samples: Credit Agreement (dELiAs, Inc.), Securities Purchase Agreement (dELiAs, Inc.)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges (whether an advancement under the Note, acceleration of the maturity of the unpaid balance, or otherwise) in excess of the maximum permitted by applicable law. In the event that the rate of interest 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 2 contracts
Samples: Convertible Note (Valcom Inc /Ca/), Convertible Note (Valcom Inc /Ca/)
Maximum Payments. Nothing contained herein shall may 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 required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall will be credited against amounts owed by the Borrower Wrtier to the Holder and thus refunded to the BorrowerWriter.
Appears in 2 contracts
Samples: Note Agreement, Note Agreement (Network 1 Financial Group, Inc.)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Borrowers to the Holder and thus refunded to the BorrowerBorrowers.
Appears in 2 contracts
Samples: Secured Revolving Note (Earthfirst Technologies Inc), Secured Convertible Minimum Borrowing Note (Earthfirst Technologies Inc)
Maximum Payments. Nothing contained herein 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 even that the rate of interest 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 2 contracts
Samples: Secured Term Note (EMTA Holdings, Inc.), Secured Term Note (EMTA Holdings, Inc.)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by Buyer or the Borrower Insider to the Holder Seller and thus refunded to Buyer or the BorrowerInsider, as applicable.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Victory Park Capital Advisors, LLC), Stock Purchase Agreement (Victory Park Capital Advisors, LLC)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.
Appears in 2 contracts
Samples: Secured Revolving Note (Trinity Learning Corp), Secured Term Note (Trinity Learning Corp)
Maximum Payments. Nothing contained herein shall be deemed xx xxxmed 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 2 contracts
Samples: Secured Convertible Minimum Borrowing Note (DSL Net Inc), Secured Revolving Note (DSL Net Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus Principal Amount or shall be refunded to the Borrower.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (RLJ Acquisition, Inc.), Preferred Stock Purchase Agreement (Image Entertainment Inc)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder pursuant to this Note and thus refunded to the Borrower.
Appears in 2 contracts
Samples: Senior Secured Convertible Note (Advance Nanotech, Inc.), Senior Secured Convertible Note (Advance Nanotech, Inc.)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by Secure, the Borrower Target or the Insiders to the Holder Seller and thus refunded to Secure, the BorrowerTarget or the Insiders, as applicable.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Victory Park Capital Advisors, LLC), Stock Purchase Agreement (Secure America Acquisition CORP)
Maximum Payments. Nothing contained herein 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 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 Borrower Company to the Holder and thus refunded to the BorrowerCompany.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Attitude Drinks Inc.), Asset Purchase Agreement (Attitude Drinks Inc.)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law, including where no maximum rate is prescribed. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such lawapplicable law including all valid applicable exceptions, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Cellteck Inc.), Oil & Gas Services Agreement, Warrant to Purchase Common Stock, Loan Agreement and Secured Promissory Note, Leasehold Mortgage, Assignment, Security Agreement and Fixture Filing (Cellteck Inc.)
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 2 contracts
Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Maximum Payments. Nothing contained herein in this Note 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.
Appears in 2 contracts
Samples: Secured Convertible Note (Sentinel Emergency Response Technology, Inc.), Secured Convertible Note (Sentinel Emergency Response Technology, Inc.)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder Holders and thus refunded to the BorrowerCompanies.
Appears in 1 contract
Samples: Secured Term Note (Rapid Link Inc)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of . 07/07/2005 9 such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 lawApplicable Law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 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 Borrower to the applicable Holder pursuant to this Note and thus refunded to the Borrower.
Appears in 1 contract
Maximum Payments. Nothing contained herein shall be deemed to deexxx xx 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Samples: Secured Revolving Note (Digital Lifestyles Group Inc)
Maximum Payments. Nothing contained herein 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 required to be paid or other Secured Revolving Note 4 charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.
Appears in 1 contract
Maximum Payments. Nothing contained herein containex xxxein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Samples: Secured Convertible Minimum Borrowing Note (Veridium Corp)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment ayment 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 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 Borrower Partnership to the applicable Series A Preferred Holder and thus refunded to the BorrowerPartnership.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Emerge Energy Services LP)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.
Appears in 1 contract
Maximum Payments. Nothing contained herein shall herexx xxall 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Maximum Payments. Nothing contained herein shall xxxxx 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Samples: Secured Convertible Minimum Borrowing Note (Gvi Security Solutions Inc)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the Borrower.Companies. . 06/27/2005 8
Appears in 1 contract
Samples: Secured Convertible Minimum Borrowing Note (360 Global Wine Co)
Maximum Payments. Nothing contained herein shall will 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 required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall will be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Samples: Convertible Note (Trend Mining Co)
Maximum Payments. Nothing contained herein 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 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 Borrower Maker to the Holder and thus refunded to the BorrowerMaker.
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.exceed
Appears in 1 contract
Samples: Convertible Note (Cambio Inc)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Buyer to the Holder Seller and thus refunded to the BorrowerBuyer, as applicable.
Appears in 1 contract
Samples: Stock Purchase Agreement (Hicks Acquisition CO I Inc.)
Maximum Payments. Nothing contained herein 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 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 deducted from the amounts owed by the Borrower to the Holder and thus or refunded to the Borrower.
Appears in 1 contract
Maximum Payments. Nothing contained herein shall be deemed bx xxxxed 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Samples: Secured Convertible Minimum Borrowing Note (Digital Lifestyles Group Inc)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the Borrower.Company. SECURED REVOLVING NOTE
Appears in 1 contract
Samples: Secured Revolving Note (Essential Innovations Technology Corp)
Maximum Payments. Nothing contained herein shall be deemed to ---------------- establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Samples: Convertible Note (BigString CORP)
Maximum Payments. Nothing contained herein 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 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 Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.
Appears in 1 contract
Samples: Secured Non Convertible Revolving Note (Conversion Services International Inc)
Maximum Payments. Nothing contained herein shall may 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 required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall will be credited against amounts owed by the Borrower to the Holder and thus refunded to the BorrowerWriter.
Appears in 1 contract
Samples: Convertible Promissory Note (Cord Blood America, Inc.)
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder for Promissory Note B, executed between Borrower and thus refunded to the Borrower.Holder, dated
Appears in 1 contract
Samples: Stock Purchase Agreement
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder Lender and thus refunded to the Borrower.Borrower/4 β
Appears in 1 contract
Samples: Secured Subordinated Promissory Note (Monterey Capital Acquisition Corp)
Maximum Payments. Nothing contained continued herein 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 required to be paid or other charges hereunder herewith exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Corporation to the Holder and thus refunded to the BorrowerCorporation.
Appears in 1 contract
Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum Secured Convertible Term Note 8 permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Maker to the Holder and thus refunded to the BorrowerMaker.
Appears in 1 contract
Samples: Term Note (Sti Group Inc)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Parent to the Holder and thus refunded to the Borrower.Companies. Secured Revolving Note
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Parent to the Holder and thus refunded to the BorrowerParent.
Appears in 1 contract
Samples: Secured Convertible Term Note (Chad Therapeutics Inc)
Maximum Payments. Nothing contained herein 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 mte of interest 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 If the rate of interest 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Samples: Senior Secured Convertible Note (Smartserv Online Inc)
Maximum Payments. Nothing contained herein 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 required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Garwood to the Holder and thus refunded to the BorrowerHolder.
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.
Appears in 1 contract
Maximum Payments. Nothing contained herein 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 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 Borrower to the Holder and thus refunded to the Borrower.applicable
Appears in 1 contract
Samples: Convertible Note (NCT Group Inc)
Maximum Payments. Nothing contained herein 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 lawApplicable Law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such lawApplicable Law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Issuer to the Holder Noteholder and thus refunded to the BorrowerIssuer.
Appears in 1 contract
Samples: Subscription Agreement (Gogoro Inc.)
