Common use of Maximum Rate Clause in Contracts

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts which are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan, the rate of interest payable in respect of such Loan hereunder, together with all related Charges, shall be limited to the Maximum Rate. To the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to the Borrower, but were not payable as a result of the operation of this Section, shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts which that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which that may be contracted for, charged, taken, received or reserved by the Lender holding such LoanLoan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a such Loan made to the Borrower, but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Base Rate to the date of repayment, shall have been received by such Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any the Term Loan, together with all fees, charges and other amounts which that are treated as interest on such Loan loans under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which that may be contracted for, charged, taken, received or reserved by the Lender holding such Loanloans in accordance with applicable law, the rate of interest payable in respect of such Loan loans hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to the Borrower, such loans but were not payable as a result of the operation of this Section, Section 13.3 shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased adjusted (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Maximum Rate to the date of repayment, shall have been received by such Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts which are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan, the rate of interest payable in respect of such Loan hereunder, together with all related Charges, shall be limited to the Maximum Rate. To the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to the a Borrower, but were not payable as a result of the operation of this Section, shall be cumulated and the interest and Charges payable to such Lender by the such Borrower in respect of other Loans made to such Borrower or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts which that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which that may be contracted for, charged, taken, received or reserved by the Lender holding such LoanLoan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawfulthe same is lawful and would not result in either (i) adverse tax consequences to the Parent or any of its Subsidiaries or (ii) the payment by a Foreign Subsidiary Borrower of amounts payable by any party other that such Foreign Subsidiary Borrower, the interest and Charges that would have been payable in respect of a such Loan made to the Borrower, but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Base Rate to the date of repayment, shall have been received by such Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanNote, together with all fees, charges and other amounts which are treated as interest on such Loan Note under applicable law (collectively, collectively the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") which may be contracted for, charged, taken, received or reserved by the Lender holding such Loanthe Loan or the relevant portion thereof in accordance with applicable law, the rate of interest payable in respect of such Loan Note or the relevant portion thereof hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to such Note or the Borrower, relevant portion thereof but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective LIBOR Rate to the date of repayment, shall have been received by such Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Revolving Loan, together with all fees, charges and other amounts which are may be treated as interest on such Revolving Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate of interest (the “Maximum Rate”) which may be contracted for, charged, taken, received or reserved by the Lender holding such Loanin accordance with applicable law, the rate of interest payable in respect of such Revolving Loan hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a such Revolving Loan made to the Borrower, but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such the Lender by the Borrower in respect of other Revolving Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Standard Rate to the date of repaymentrepayment (to the extent permitted by applicable law), shall have been received by such the Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loanpayments made hereunder, together with all fees, charges and other amounts which are treated as interest on such Loan payments under applicable law Applicable Law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which may be contracted for, charged, taken, received or reserved by the Lender holding Guaranteed Party entitled such Loanpayment in accordance with Applicable Law, the rate of interest payable in respect of such Loan payment hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to the Borrower, such payment but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such Lender by the Borrower Guaranteed Party in respect of other Loans such payment or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate to the date of repayment, shall have been received by such LenderGuaranteed Party.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanNote, together with all fees, charges and other amounts which are treated as interest on such Loan Note under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which may be contracted for, charged, taken, received or reserved by the Lender holding such LoanNote in accordance with applicable law, the rate of interest payable in respect of such Loan Note or the relevant portion thereof hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to such Note or the Borrower, relevant portion thereof but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective LIBOR Rate to the date of repayment, shall have been received by such Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any the Term Loan, together with all fees, charges and other amounts which that are treated as interest on such Loan loans under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which that may be contracted for, charged, taken, received or reserved by the Lender holding such Loanloans in accordance with applicable law, the rate of interest payable in respect of such Loan loans hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to the Borrower, such loans but were not payable as a result of the operation of this Section, Section 13.3 shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased adjusted (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Maximum Rate to the date of repayment, shall have been received by such Lender.. Amended and Restated Loan and Security Agreement – Domo, Inc.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Revolving Loan, together with all fees, charges and other amounts which are may be treated as interest on such Revolving Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate of interest (the “Maximum Rate”) which may be contracted for, charged, taken, received or reserved by the Lender holding such Loanin accordance with applicable law, the rate of interest payable in respect of such Revolving Loan hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a such Revolving Loan made to the Borrower, but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such the Lender by the Borrower in respect of other Revolving Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Base Rate to the date of repaymentrepayment (to the extent permitted by applicable law), shall have been received by such the Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any the Term Loan, together with all fees, charges and other amounts which that are treated as interest on such Loan loans under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which that may be contracted for, charged, taken, received or reserved by the Lender holding such Loanloans in accordance with applicable law, the rate of interest payable in respect of such Loan loans hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to the Borrower, such loans but were not payable as a result of the operation of this Section, Section 13.3 shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased adjusted (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Maximum Rate to the date of repayment, shall have been received by such Lender.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loanpayments made hereunder, together with all fees, charges and other amounts which are treated as interest on such Loan payments under applicable law Applicable Law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which may be contracted for, charged, taken, received or reserved by the Lender holding Guaranteed Party entitled to such Loanpayment in accordance with Applicable Law, the rate of interest payable in respect of such Loan payment hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a Loan made to the Borrower, such payment but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such Lender by the Borrower Guaranteed Party in respect of other Loans such payment or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate to the date of repayment, shall have been received by such LenderGuaranteed Party.

Maximum Rate. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts which are may be treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate of interest (the “Maximum Rate”) which may be contracted for, charged, taken, received or reserved by the a Lender holding such LoanLoan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all related ChargesCharges payable in respect thereof, shall be limited to the Maximum Rate. To Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of a such Loan made to the Borrower, but were not payable as a result of the operation of this Section, Section shall be cumulated and the interest and Charges payable to such Lender by the Borrower in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.