Common use of No Usury Clause in Contracts

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower Borrowers results in Borrower Borrowers having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Borrowers’ and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to BorrowerBorrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrower, Administrative Agent and all Lenders at all times to comply with applicable state law Law or applicable United States federal law Law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state lawLaw) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal Law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if LenderAdministrative Agent’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower Borrower’s having paid any interest in excess of that permitted by applicable lawLaw, then it is BorrowerAdministrative Agent’s and each Lender’s express intent that all excess amounts theretofore collected by Administrative Agent or any Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable lawLaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable lawLaw, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower Borrowers results in Borrower Borrowers having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Borrowers' and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to BorrowerBorrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrowers, Administrative Agent and all Lenders at all times to comply with applicable state law Law or applicable United States federal law Law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state lawLaw) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal Law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if LenderAdministrative Agent’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower Borrowers results in Borrower Borrowers’ having paid any interest in excess of that permitted by applicable lawLaw, then it is BorrowerAdministrative Agent’s and each Lender’s express intent that all excess amounts theretofore collected by Administrative Agent or any Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable lawLaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable lawLaw, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Maker and Payee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Payee to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the Debt, or if Lender’s Xxxxx's exercise of the option to accelerate the maturity of the Loan this Note, or if any prepayment by Borrower Maker results in Borrower Maker having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Maker's and Lender’s Xxxxx's express intent that all excess amounts theretofore collected by Lender Xxxxx shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the this Note and all other Debt has have been or would thereby be paid in full, refunded to BorrowerMaker), and the provisions of this Note and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but law and so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Payee for the use, forbearance forbearance, or detention of the Loan Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Debt until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan DocumentDocuments, it is not the intention of Lender Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. The Lender and the Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount amounts called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawthis Note, then it is the Borrower’s and the Lender’s express intent intention that the Borrower shall not be required to pay interest on this Note at a rate in excess of the maximum lawful rate, that the provisions of this Section 12 shall control over all other provisions of this Note which may be in apparent conflict herewith, that such excess amounts theretofore collected by Lender amount shall be credited against to the unpaid Principal and all other Debt principal balance of this Note (or, if the Debt this Note has been or would thereby be paid in fullfully paid, refunded by the Lender to the Borrower), and the provisions of the Loan Documents immediately hereof shall be deemed reformed and the amounts thereafter collectible thereunder under this Note reduced, without the necessity of the execution of any new documentfurther documents, so as to comply with the then applicable law, but so as to permit the recovery by the Lender of the fullest amount otherwise called for thereunderunder this Note. All sums Any such crediting or refund shall not cure or waive any default by the Borrower under this Note. If, at any time following any reduction in the interest rate payable by the Borrower there remains unpaid any principal amount under this Note and the maximum interest rate allowed by applicable law is increased or eliminated, then the interest rate payable under this Note shall be readjusted, to the extent not prohibited by applicable law, so that the dollar amount of interest payable hereunder shall be equal to the dollar amount of interest which would have been paid by the Borrower without giving effect to the reduction in interest resulting from compliance with applicable usury laws. The Borrower agrees that in determining whether or agreed not any interest payable under this Note exceeds the highest rate allowed by law, any non-principal payment (except payments specifically stated in this Note to be paid to Lender for the use“interest”), forbearance or detention of the Loan including, without limitation, if any are applicable as provided herein, prepayment fees and delinquency charges, shall, to the maximum extent permitted allowed by applicable law, be amortizedan expense, proratedfee or premium rather than interest. The term “Applicable Law”, allocated, and spread throughout as used in this Note shall mean the full stated term laws of The Commonwealth of Massachusetts or the laws of the Loan until payment United States, whichever laws allow the greater rate of interest, as such laws now exist or may be changed or amended or come into effect in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationfuture.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 10.16 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (This Note is subject to the extent express condition that it permits Lender at no time shall Borrower be required or obligated to contract for, charge, take, reserve or receive a greater amount of pay interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, amount agreed to be paid hereunder which shall be deemed to be interest) at a rate which would subject Lender to either civil or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise criminal liability as a result of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest being in excess of that the maximum interest rate which Borrower is permitted by applicable law to pay. If, from any circumstance whatsoever, Borrower is at any time required or obligated to pay interest (or any other amount agreed to be paid hereunder shall be deemed to be interest) at a rate in excess of such maximum rate, then the amount to be paid immediately shall be reduced to such maximum rate, and, as required by applicable law, then it is Borrower’s and Lender’s express intent that all previous payments in excess amounts theretofore collected by Lender of such maximum shall be credited against deemed to have been payments in reduction of the unpaid Principal and all other Debt principal balance owing under this Note in the inverse order of maturity (whether or not then due) or, if at the Debt has been or would thereby option of Lender, be paid in full, refunded over to Borrower), Borrower and not to the provisions payment of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunderinterest. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan indebtedness evidenced hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan this Note until payment in full so that the rate or amount of interest on account of the Debt said indebtedness does not exceed the maximum lawful rate of interest from time to time in effect and applicable to the Debt this Note for so long as the Debt Note is outstanding. Notwithstanding anything to the contrary contained This Section will control all agreements between Borrower and Lender in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationconnection with this Note.

No Usury. It is expressly stipulated and agreed to be the intent of Borrower and Lender intend Bank at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Bank to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if LenderBank’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and LenderBank’s express intent that all excess amounts theretofore collected by Lender Bank shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if indebtedness secured by the Debt has been or would thereby be paid in full, refunded to Borrower)Collateral Documents, and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Bank for the use, use or forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount Loan. THIS NOTE SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. [Remainder of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.page intentionally left blank]

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrower, Administrative Agent and all Lenders at all times to comply with applicable state law Law or applicable United States federal law Law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state lawLaw) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal Law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if Lender’s Administrative Agent's exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawLaw, then it is Borrower’s Administrative Agent's and each Lender’s 's express intent that all excess amounts theretofore collected by Administrative Agent or any Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable lawLaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable lawLaw, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan DocumentTHE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationCONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES.

No Usury. It is agreed that Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) governing the maximum rate or amount of interest payable on the Debt and that this Section 10.17 shall control every other agreement in the Loan Documents. In furtherance thereof, Borrower and Lender agree that none of the terms and provisions of this Agreement or any other Loan Document shall ever be construed to create a contract to pay for the use, forbearance or detention of monetary interest at a rate in excess of the maximum interest rate permitted to be charged by applicable law and that Borrower shall never be obligated or required to pay interest under this Agreement or any other Loan Document at a rate in excess of the maximum interest rate that may be charged under applicable law. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent and agreement that all amounts charged in excess of the maximum lawful rate shall be automatically cancelled, ab initio, and all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. It is expressly stipulated and agreed to be the intent of Agent, Lenders and Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s the express intent intention of the parties hereto that all such excess amounts theretofore collected by Lender shall amount be immediately credited against on the unpaid Principal and all other Debt (orapplicable Notes, or if the Debt has applicable Notes have been or would thereby be paid in fullfully paid, refunded to Borrowerby Lenders (pro rata in accordance with their respective principal amount of the affected Loans), to Borrower (and Borrower shall accept such refund) and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with applicable lawfurther documents, but so as to permit the recovery of to the fullest amount otherwise called for hereunder and thereunder. All sums paid Any such crediting or agreed to be paid to Lender for the use, forbearance refunding shall not cure or detention of waive any default by Borrower under the Loan shallDocuments. If at any time following any such reduction to the interest rate payable by Borrower there remains unpaid any principal amounts under the Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable to Lenders shall be readjusted, to the full extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or total amount of interest on account thereunder payable by Borrower to Lenders shall be equal to the amount of interest which would have been paid by Borrower without giving effect to applicable usury laws. Borrower agree, however, that in determining whether or not any interest payable under the Notes or any of the Debt does not exceed other Loan Documents exceeds the maximum lawful highest rate from time permitted by law, any non-principal payment (except payments specifically stated in the Notes or such other Loan Documents to time be "interest"), including fees and commissions and all other sums payable hereunder or thereunder or in effect and applicable connection herewith or therewith, shall be deemed, to the Debt for so long as the Debt is outstanding. Notwithstanding anything full extent permitted by law, to the contrary contained in any Loan Documentbe an expense, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration fee, premium or to collect unearned interest at the time of such accelerationpenalty rather than interest.

No Usury. It is expressly stipulated and agreed to be the intent of Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in the Loan DocumentsDocument. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or any other under the Loan Document, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan payment due dates provided in Section 1, or if any prepayment by Borrower results in Borrower having paid any interest interesting in excess of that permitted by applicable law, then it is Borrower’s and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of the Loan Documents Document shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrower, Administrative Agent and all Lenders at all times to comply with applicable state law Law or applicable United States federal law Law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state lawLaw) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal Law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if LenderAdministrative Agent’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawLaw, then it is BorrowerAdministrative Agent’s and each Lender’s express intent that all excess amounts theretofore collected by Administrative Agent or any Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable lawLaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable lawLaw, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan DocumentTHE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationCONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES.

No Usury. Borrower Lender and Lender Maker intend to comply at all times to comply with -------- applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount amounts called for under the this Note or any the other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s Maker's and Lender’s 's express intent intention that Maker shall not be required to pay interest on this Note at a rate in excess of the maximum lawful rate, that the provisions of this Paragraph shall control over all other provisions or this Note and the Loan Documents which may be in apparent conflict hereunder, that such excess amounts theretofore collected by Lender amount shall be immediately credited against on the unpaid Principal and all other Debt principal balance of this Note (or, if the Debt this Note has been or would thereby be paid in fullfully paid, refunded by Lender to BorrowerMaker), and the provisions of the Loan Documents hereof shall be immediately be deemed reformed and the amounts thereafter collectible thereunder under this Note reduced, without the necessity of the execution of any new documentfurther documents, so as to comply with applicable lawusury laws, but so as to permit the recovery of the fullest amount otherwise called for thereunderunder this Note. All sums Any such crediting or refund shall not cure or waive any default by Maker under this Note or the other Loan Documents. If at any time following any reduction in the interest rate payable by Maker there remains unpaid any principal amount under this Note and the maximum interest rate not prohibited by applicable law is increased or eliminated, then the interest rate payable under this Note shall be readjusted, to the extent not prohibited by applicable law, so that the total dollar amount of interest payable hereunder shall be equal to the dollar amount of interest which would have been paid by Maker without giving effect to the reduction in interest resulting from compliance with applicable usury laws. Maker agrees that in determining whether or agreed not any interest payable under this Note or the other Loan Documents exceeds the highest rate not prohibited by law, any non-principal payment (except payments specifically stated in this Note or in the other Loan Documents to be paid to Lender for the use"interest"), forbearance or detention of the Loan shall, to the maximum extent permitted not prohibited by applicable law, be amortizedan expense, proratedfee, allocated, and spread throughout or premium rather than interest. The term "applicable law" as used in this Note shall mean the full stated term laws of the Loan until payment in full so that State of California, or the rate or amount of interest on account laws of the Debt does not exceed United States, whichever laws allow the maximum lawful greater rate from time to time of interest, as such laws now exist or may be changed or amended or come into effect in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationfuture.

No Usury. It is expressly stipulated and agreed to be the intent of the Agent, the Lenders and the Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s the express intent intention of the parties hereto that all such excess amounts theretofore collected by Lender shall amount be immediately credited against on the unpaid Principal and all other Debt (orapplicable Notes, or if the Debt has applicable Notes have been or would thereby be paid in fullfully paid, refunded to Borrowerby the Lenders (pro rata in accordance with their respective principal amount of the affected Loans), to the Borrower (and the Borrower shall accept such refund) and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with applicable lawfurther documents, but so as to permit the recovery of to the fullest amount otherwise called for hereunder and thereunder. All sums paid Any such crediting or agreed to be paid to Lender for refunding shall not cure or waive any default by the use, forbearance or detention of Borrower under the Loan shallDocuments. If at any time following any such reduction to the interest rate payable by the Borrower there remains unpaid any principal amounts under the Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable to the Lenders shall be readjusted, to the full extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or total amount of interest on account thereunder payable by the Borrower to the Lenders shall be equal to the amount of interest which would have been paid by the Borrower without giving effect to applicable usury laws. The Borrower agree, however, that in determining whether or not any interest payable under the Notes or any of the Debt does not exceed other Loan Documents exceeds the maximum lawful highest rate from time permitted by law, any non-principal payment (except payments specifically stated in the Notes or such other Loan Documents to time be "interest"), including fees and commissions and all other sums payable hereunder or thereunder or in effect and applicable connection herewith or therewith, shall be deemed, to the Debt for so long as the Debt is outstanding. Notwithstanding anything full extent permitted by law, to the contrary contained in any Loan Documentbe an expense, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration fee, premium or to collect unearned interest at the time of such accelerationpenalty rather than interest.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Maker and Holder at all times to comply with applicable state law or and with applicable United States federal law (to the extent that it permits Lender Holder to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Mortgage Note and the other Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the this Mortgage Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the Debt, or if Lender’s Holder's exercise of the option to accelerate the maturity of the Loan this Mortgage Note, or if any prepayment by Borrower Maker results in Borrower Maker having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Maker's and Lender’s Holder's express intent that all excess amounts theretofore collected by Lender shall Holdxx xxxll be credited against to the unpaid Principal principal balance hereof and all other debt in the order specified above (or, if this Mortgage Note and all other Debt (or, if the Debt has have been or would thereby be paid in full, shall be refunded to BorrowerMaker), and the provisions of this Mortgage Note and the other Loan Documents shall immediately and automatically be deemed reformed to be reformed, and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Holder for the use, forbearance forbearance, or detention of the Loan Debt shall, to the fullest extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Debt until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrower, Administrative Agent and all Lenders at all times to comply with applicable state law Law or applicable United States federal law Law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state lawLaw) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal Law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if LenderAdministrative Agent’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawLaw, then it is BorrowerAdministrative Agent’s and each Lender’s express intent that all excess amounts theretofore collected by Administrative Agent or any Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable lawLaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable lawLaw, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan DocumentTHE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationCONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrower, Administrative Agent and all Lenders at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if Lender’s Administrative Agent's exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Administrative Agent's and each Lender’s 's express intent that all excess amounts theretofore collected by Administrative Agent's and each Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan DocumentTHE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationCONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES.

No Usury. It is the intent of Borrower and Lender intend at all times holder to comply with applicable state law or applicable United States federal law (the laws of the State of Texas with regard to the extent that it permits Lender rate of interest charged hereunder and, accordingly, notwithstanding any provision to contract for, charge, take, reserve the contrary in the Note no such provision including without limitation any provision of this Note providing for payment of interest or receive a greater other charges shall require the payment or permit the collection of any amount (herein called the "Excess Interest") in excess of the maximum amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable permitted by law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or be contracted for, charged, taken, reserved charged or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, detention, or forbearance in the collection, of all or detention any portion of the Loan indebtedness evidenced by this Note; provided that if Excess Interest is provided for, or is adjudicated as being provided for, in this Note or if Excess Interest is otherwise charged or collected, then in such event: (a) The provisions of this Section shall control and govern; (b) Borrower shall not be obligated to pay any Excess Interest; (c) Any Excess Interest that holder may have received hereunder shall, at the option of holder, be (i) applied as a credit against the then outstanding principal balance due under this Note, or accrued and unpaid interest thereof, not to exceed the maximum amount permitted by law, or both, (ii) refunded to the extent permitted by applicable lawpayor thereof, be amortized, prorated, allocated, and spread throughout the full stated term or (iii) any combination of the Loan until payment in full so that the foregoing; (d) The applicable interest rate or amount of interest on account of the Debt does not exceed rates shall be automatically subject to reduction to the maximum lawful rate from time allowed to time be contracted for in effect writing under the applicable usury laws of the State of Texas as of the date of disbursement of the indebtedness evidenced hereby; and applicable this Note and any writing otherwise constituting a charge of Excess Interest shall be deemed to have been, and shall be, reformed and modified to reflect such reduction in such interest rate or rates; and (e) Neither Borrower nor any other person shall have any action or remedy against holder for any damages whatsoever or any defense to enforcement of the Debt for so long as Note arising out of the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity payment or collection of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationExcess Interest.

No Usury. It is expressly stipulated and agreed to be the intent of Agent, Lenders and Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s the express intent intention of the parties hereto that all such excess amounts theretofore collected by Lender shall amount be immediately credited against on the unpaid Principal and all other Debt (orapplicable Notes, or if the Debt has applicable Notes have been or would thereby be paid in fullfully paid, refunded to Borrowerby Lenders (pro rata in accordance with their respective principal amount of the affected Loans), to Borrower (and Borrower shall accept such refund) and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with applicable lawfurther documents, but so as to permit the recovery of to the fullest amount otherwise called for hereunder and thereunder. All sums paid Any such crediting or agreed to be paid to Lender for the use, forbearance refunding shall not cure or detention of waive any default by Borrower under the Loan shallDocuments. If at any time following any such reduction to the interest rate payable by Borrower there remains unpaid any principal amounts under the Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable to Lenders shall be readjusted, to the full extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or total amount of interest on account thereunder payable by Borrower to Lenders shall be equal to the amount of interest which would have been paid by Borrower without giving effect to applicable usury laws. Borrower agree, however, that in determining whether or not any interest payable under the Notes or any of the Debt does not exceed other Loan Documents exceeds the maximum lawful highest rate from time permitted by law, any non-principal payment (except payments specifically stated in the Notes or such other Loan Documents to time be “interest”), including fees and commissions and all other sums payable hereunder or thereunder or in effect and applicable connection herewith or therewith, shall be deemed, to the Debt for so long as the Debt is outstanding. Notwithstanding anything full extent permitted by law, to the contrary contained in any Loan Documentbe an expense, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration fee, premium or to collect unearned interest at the time of such accelerationpenalty rather than interest.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrower, Administrative Agent and all Lenders at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if LenderAdministrative Agent’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is BorrowerAdministrative Agent’s and each Lender’s express intent that all excess amounts theretofore collected by Administrative Agent’s and each Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Maker and Payee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Payee to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the Debt, or if LenderXxxxx’s exercise of the option to accelerate the maturity of the Loan this Note, or if any prepayment by Borrower Maker results in Borrower Maker having paid any interest in excess of that permitted by applicable law, then it is BorrowerMaker’s and LenderXxxxx’s express intent that all excess amounts theretofore collected by Lender Payee shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the this Note and all other Debt has have been or would thereby be paid in full, refunded to BorrowerMaker), and the provisions of this Note and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Payee for the use, forbearance forbearance, or detention of the Loan Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Debt until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan DocumentDocuments, it is not the intention of Lender Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. Maker represents, covenants and warrants that (i) the indebtedness evidenced by this Note is being obtained for the purpose of acquiring and carrying on a business or commercial enterprise, (ii) all proceeds of such indebtedness will be used solely in connection with such business or commercial enterprise, and (iii) the proceeds of such indebtedness will not be used for the purchase of registered equity securities within the purview of Regulation “U” issued by the Board of Governors at the Federal Reserve System.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the either Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Fixed Rate Loan and/or the Floating Rate Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan (or any portion thereof) shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and agreed to be the intent of Bxxxxxxx and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if Lender’s Lxxxxx's exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and LenderLxxxxx’s express intent that all excess amounts theretofore collected by Lender Lxxxxx shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan DocumentTHE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationCONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES.

No Usury. It is expressly stipulated and agreed to be the intent of Agent, Lender and Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s the express intent intention of the parties hereto that all such excess amounts theretofore collected amount be immediately credited on the applicable Note, or if the Note has been fully paid, refunded by Lender shall be credited against (pro rata in accordance with their respective principal amount of the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borroweraffected Loans), to Borrower (and Borrower shall accept such refund) and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with applicable lawfurther documents, but so as to permit the recovery of to the fullest amount otherwise called for hereunder and thereunder. All sums paid Any such crediting or agreed refunding shall not cure or waive any default by Borrower under the Loan Documents. If at any time following any such reduction to be paid the interest rate payable by Borrower there remains unpaid any principal amounts under the Note and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable to Lender for the use, forbearance or detention of the Loan shallshall be readjusted, to the full extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or total amount of interest on account thereunder payable by Borrower to Lender shall be equal to the amount of interest which would have been paid by Borrower without giving effect to applicable usury laws. Borrower agrees, however, that in determining whether or not any interest payable under the Note or any of the Debt does not exceed other Loan Documents exceeds the maximum lawful highest rate from time permitted by law, any non-principal payment (except payments specifically stated in the Note or such other Loan Documents to time be “interest”), including fees and commissions and all other sums payable hereunder or thereunder or in effect and applicable connection herewith or therewith, shall be deemed, to the Debt for so long as the Debt is outstanding. Notwithstanding anything full extent permitted by law, to the contrary contained in any Loan Documentbe an expense, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration fee, premium or to collect unearned interest at the time of such accelerationpenalty rather than interest.

No Usury. Borrower and Lender intend at all times to comply with -------- applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times Nothing in this Note or in any instrument, document, or other writing now or hereafter relating to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender this Note entitles any Holder to contract for, charge, receive, take, or reserve interest hereon in excess of any applicable Maximum Rate. In the event this Note is prepaid in full or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate event the maturity of this Note is accelerated prior to the Loan end of the full stated term hereof, and the interest received prior to such prepayment or acceleration exceeds interest calculated at the Maximum Rate, the then Holder shall credit the amount of such excess against the amounts lawfully owing under this Note or under any instrument, document, or other writing relating to this Note as of the date of such prepayment or acceleration, in any order or manner as such Holder may elect, until all sums lawfully owing to such Holder are fully and finally paid, and the balance, if any, shall be refunded to the person or entity entitled thereto. Notwithstanding any other provision of this Note to the contrary, in no event shall the aggregate of (i) all interest which has accrued on this Note from the date hereof through the date of such calculation, and (ii) the sum of all other amounts accrued or paid from the date hereof through the date of such calculation, which, under applicable laws, are considered interest, ever exceed interest calculated at the Maximum Rate on the principal balance of this Note from time to time remaining unpaid. Maker and the Holder agree that by Borrower results the execution, delivery, or acceptance of this Note, each intends to contract in Borrower having paid strict compliance with the State of Texas usury laws from time to time in effect. In furtherance thereof, none of the terms of this Note or the Purchase Agreement shall ever be construed to create a contract to pay for the use, forbearance, or detention of money any interest at a rate in excess of that the Maximum Rate. Without limiting the generality of the foregoing: (i) if any amounts charged or paid on this Note prior to and incident to final payment hereof include amounts which by law are considered interest which would exceed the Maximum Rate, such charging or payment will be deemed to have been the result of mathematical error on the part both of Maker and the then Holder, and the recipient of such excess payments shall promptly refund the amount of such excess (to the extent only of such interest payments above the maximum amount which could lawfully have been charged, collected, and retained) upon discovery of such error by the recipient of such payment or upon receipt of notice thereof from the person or entity making such payment; and (ii) to the fullest extent permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender the Holder for the use, forbearance forbearance, or detention of the Loan indebtedness evidenced hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of this Note. The provisions of this paragraph shall control over all other provisions of this Note and of any other instrument, Note B 2. Exhibit 3.3 document, or other document evidencing the Loan until payment in full so that the rate or amount indebtedness of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable Maker to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained Holder hereunder, which may be in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationapparent conflict therewith.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if LenderXxxxxx’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and LenderXxxxxx’s express intent that all excess amounts theretofore collected by Lender Xxxxxx shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Xxxxxx and Lender Xxxxxxxx intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract forusury laws. If, chargeat any time, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to such laws would render usurious any amount amounts called for under the this Note or any the other Loan DocumentDocuments, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and LenderXxxxxx’s express intent intention that Borrower shall never be required to pay interest on this Note at a rate in excess of the maximum lawful rate then allowed. The provisions of this Paragraph 7 shall control over all other provisions of this Note and the other Loan Documents which may be in apparent conflict hereunder. Any excess amounts theretofore collected by Lender amount shall be immediately credited against on the unpaid Principal and all other Debt principal balance of this Note (or, if the Debt this Note has been or would thereby be paid in fullfully paid, refunded by Lender to Borrower), and the provisions of the Loan Documents hereof shall be immediately be deemed reformed reformed, and the amounts thereafter collectible thereunder under this Note shall be reduced, without the necessity of the execution of any new documentfurther documents, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunderunder this Note. All sums paid Any such crediting or agreed refund shall not cure or waive any default by Borrower under this Note or the other Loan Documents. Borrower agrees that in determining whether or not any interest payable under this Note or the other Loan Documents exceeds the highest rate not prohibited by law, any non-principal payment (except payments specifically stated in this Note or in the other Loan Documents to be paid to Lender for the use“interest”), forbearance or detention of the Loan including, without limitation, prepayment indemnification and late charges, shall, to the maximum extent permitted not prohibited by applicable law, be amortizedan expense, proratedfee, allocated, and spread throughout or indemnification amount rather than interest. The term “applicable law” as used in this Note shall mean the full stated term laws of the Loan until payment state in full so that which the rate Property is located or amount of interest on account the laws of the Debt does not exceed United States, whichever laws allow the maximum lawful greater rate from time to time of interest, as such laws now exist or may be changed or amended or come into effect in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationfuture.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt Debt, without, so long as no Event of Default exists, the requirement for the payment of any Yield Maintenance Premium (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times Nothing in this Note or in any instrument, document, or other writing now or hereafter relating to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender this Note entitles any Holder to contract for, charge, receive, take, or reserve interest hereon in excess of any applicable Maximum Rate. In Note A 1. the event this Note is prepaid in full or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate event the maturity of this Note is accelerated prior to the Loan end of the full stated term hereof, and the interest received prior to such prepayment or acceleration exceeds interest calculated at the Maximum Rate, the then Holder shall credit the amount of such excess against the amounts lawfully owing under this Note or under any instrument, document, or other writing relating to this Note as of the date of such prepayment or acceleration, in any order or manner as such Holder may elect, until all sums lawfully owing to such Holder are fully and finally paid, and the balance, if any, shall be refunded to the person or entity entitled thereto. Notwithstanding any other provision of this Note to the contrary, in no event shall the aggregate of (i) all interest which has accrued on this Note from the date hereof through the date of such calculation, and (ii) the sum of all other amounts accrued or paid from the date hereof through the date of such calculation, which, under applicable laws, are considered interest, ever exceed interest calculated at the Maximum Rate on the principal balance of this Note from time to time remaining unpaid. Maker and the Holder agree that by Borrower results the execution, delivery, or acceptance of this Note, each intends to contract in Borrower having paid strict compliance with the State of Texas usury laws from time to time in effect. In furtherance thereof, none of the terms of this Note or the Purchase Agreement shall ever be construed to create a contract to pay for the use, forbearance, or detention of money any interest at a rate in excess of that the Maximum Rate. Without limiting the generality of the foregoing: (i) if any amounts charged or paid on this Note prior to and incident to final payment hereof include amounts which by law are considered interest which would exceed the Maximum Rate, such charging or payment will be deemed to have been the result of mathematical error on the part both of Maker and the then Holder, and the recipient of such excess payments shall promptly refund the amount of such excess (to the extent only of such interest payments above the maximum amount which could lawfully have been charged, collected, and retained) upon discovery of such error by the recipient of such payment or upon receipt of notice thereof from the person or entity making such payment; and (ii) to the fullest extent permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender the Holder for the use, forbearance forbearance, or detention of the Loan indebtedness evidenced hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of this Note. The provisions of this paragraph shall control over all other provisions of this Note and of any other instrument, document, or other document evidencing the Loan until payment in full so that the rate or amount indebtedness of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable Maker to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained Holder hereunder, which may be in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationapparent conflict therewith.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of the Borrower, the Administrative Agent and all the Lenders at all times to comply with applicable state law Law or applicable United States federal law Law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state lawLaw) and that this Section 10.17 7 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal Law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if Lenderthe Administrative Agent’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by the Borrower results in the Borrower having paid any interest in excess of that permitted by applicable lawLaw, then it is Borrowerthe Administrative Agent’s and each Lender’s express intent that all excess amounts theretofore collected by the Administrative Agent or any Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable lawLaw, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender the Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable lawLaw, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan (the "Maximum Rate”) for so long as the Debt Loan is outstanding. Notwithstanding anything The Lender may, in determining the Maximum Rate, take advantage of: (i) the rate of interest permitted by applicable Illinois law and 12 United States Code, Sections 85 and 86, and (ii) any other law, rule, or regulation on effect from time to time, available to the contrary contained in Lender which exempts the Lender from any Loan Document, limit upon the rate of interest it is not may charge or grants to the intention Lender the right to charge a higher rate of Lender to accelerate the maturity of any interest than that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.allowed otherwise. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES. [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

No Usury. Borrower Borrowers and Lender intend at all times to comply with -------- applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.19 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by a Borrower results in such Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Borrowers' and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrowerthe applicable Borrower(s)), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrower, Administrative Agent and Lenders at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Administrative Agent and Lenders to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if LenderAdministrative Agent’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is BorrowerAdministrative Agent’s and Lender’s Xxxxxxx’ express intent that all excess amounts theretofore collected by Lender Administrative Agent and Lenders shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if indebtedness secured by the Debt has been or would thereby be paid in full, refunded to Borrower)Mortgage, and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Administrative Agent and Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower Borrowers results in Borrower Borrowers having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Borrowers' and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to BorrowerBorrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for 77 the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if LenderXxxxxx’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower Borrowers results in Borrower Borrowers having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Borrowers’ and Lender’s express intent that all excess amounts theretofore collected by Lender Xxxxxx shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to BorrowerBorrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 9.15 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Borrower, Administrative Agent and all Lenders at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits a Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if Lender’s Administrative Agent's exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Administrative Agent's and each Lender’s 's express intent that all excess amounts theretofore collected by Administrative Agent's and each Lender shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of PROMISSORY NOTE - Page 3 --------------- any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan DocumentTHE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationCONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES.

No Usury. The provisions of this Agreement, the Note, the Option Agreement and of all other agreements between Borrower and Lender intend at all times to comply with applicable state law Lender, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawpaid, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, retention or detention of the Loan money loaned under this Note and related indebtedness exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit; and if, from any circumstance whatsoever, 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Lender be paid over to Borrower, and not to the payment of interest. All interest (including any amounts or payments judicially or otherwise under the law deemed to be interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan Note, including any extensions or renewals thereof, until payment in full of the Indebtedness so that the rate or amount of interest on account of the Debt does thereof for such full period will not exceed at any time the maximum lawful rate from time to time in effect amount permitted by applicable law. This paragraph 4(b) will control all agreements (including the Option Agreement) between Borrower and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationLender.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower Borrowers results in Borrower Borrowers having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Borrowers' and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to BorrowerBorrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.and

No Usury. Borrower and Lender intend at all times Nothing in this Note or in any instrument, document, or other writing now or hereafter relating to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender this Note entitles any Holder to contract for, charge, receive, take, or reserve interest hereon in excess of any applicable Maximum Rate. In 1. Exhibit 3.2 the event this Note is prepaid in full or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate event the maturity of this Note is accelerated prior to the Loan end of the full stated term hereof, and the interest received prior to such prepayment or acceleration exceeds interest calculated at the Maximum Rate, the then Holder shall credit the amount of such excess against the amounts lawfully owing under this Note or under any instrument, document, or other writing relating to this Note as of the date of such prepayment or acceleration, in any order or manner as such Holder may elect, until all sums lawfully owing to such Holder are fully and finally paid, and the balance, if any, shall be refunded to the person or entity entitled thereto. Notwithstanding any other provision of this Note to the contrary, in no event shall the aggregate of (i) all interest which has accrued on this Note from the date hereof through the date of such calculation, and (ii) the sum of all other amounts accrued or paid from the date hereof through the date of such calculation, which, under applicable laws, are considered interest, ever exceed interest calculated at the Maximum Rate on the principal balance of this Note from time to time remaining unpaid. Maker and the Holder agree that by Borrower results the execution, delivery, or acceptance of this Note, each intends to contract in Borrower having paid strict compliance with the State of Texas usury laws from time to time in effect. In furtherance thereof, none of the terms of this Note or the Purchase Agreement shall ever be construed to create a contract to pay for the use, forbearance, or detention of money any interest at a rate in excess of that the Maximum Rate. Without limiting the generality of the foregoing: (i) if any amounts charged or paid on this Note prior to and incident to final payment hereof include amounts which by law are considered interest which would exceed the Maximum Rate, such charging or payment will be deemed to have been the result of mathematical error on the part both of Maker and the then Holder, and the recipient of such excess payments shall promptly refund the amount of such excess (to the extent only of such interest payments above the maximum amount which could lawfully have been charged, collected, and retained) upon discovery of such error by the recipient of such payment or upon receipt of notice thereof from the person or entity making such payment; and (ii) to the fullest extent permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender the Holder for the use, forbearance forbearance, or detention of the Loan indebtedness evidenced hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of this Note. The provisions of this paragraph shall control over all other provisions of this Note and of any other instrument, document, or other document evidencing the Loan until payment in full so that the rate or amount indebtedness of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable Maker to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained Holder hereunder, which may be in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationapparent conflict therewith.

No Usury. The provisions of this Agreement, the Note, the Security Instrument and of all other agreements between Borrower and Lender intend at all times to comply with applicable state law Lender, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawpaid, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, retention or detention of the Loan money loaned under the Note and related indebtedness exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit; and if, from any circumstance whatsoever, 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 balance owing under the Note in the inverse order of its maturity (whether or not then due) or at the option of Lender be paid over to Borrower, and not to the payment of interest. All interest (including any amounts or payments judicially or otherwise under the law deemed to be interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan Note, including any extensions or renewals thereof, until payment in full of the Indebtedness so that the rate or interest on the Loan for such full period will not exceed at any time the maximum amount permitted by applicable law. To the extent that Lender is relying on Chapter 303, as amended, of the Texas Finance Code to determine the maximum amount of interest permitted by applicable law on account the principal of the Debt does not exceed Loan, Lender will utilize the maximum lawful weekly rate ceiling from time to time in effect and as provided in such Chapter 303, as amended. To the extent United States federal law permits a greater amount of interest on the Loan than is permitted under Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the maximum amount permitted by applicable law. Additionally, to the Debt for so long extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, implement any other method of computing the maximum lawful rate under such Chapter 303, as the Debt is outstandingamended, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationThis Section 4(b) will control all agreements between Borrower and Lender.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower Borrowers results in Borrower Borrowers having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Borrowers' and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to BorrowerBorrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.. 77

No Usury. The provisions of this Agreement, the Note, the Option Agreement and of all other agreements between Borrower and Lender intend at all times to comply with applicable state law Lender, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawpaid, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, retention or detention of the Loan money loaned under this Note and related indebtedness exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit; and if, from any circumstance whatsoever, 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Lender be paid over to Borrower, and not to the payment of interest. All interest (including any amounts or payments judicially or otherwise under the law deemed to be interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan Note, including any extensions or renewals thereof, until payment in full of the Indebtedness so that the rate interest thereof for such full period will not exceed at any time the maximum amount permitted by applicable law. In this regard, Borrower acknowledges with Lender, as a material inducement to Lender to enter into this Agreement and advance the Loan, that the Option Agreement is “an option or right to purchase capital stock or other equity securities of an obligor or of an affiliate of an obligor” as such phrase is used in Section 306.101(b)(3) of the Texas Finance Code, and, accordingly, that the neither execution of the Option Agreement nor exercise by Lender of such option shall constitute or result in a charge of interest under Texas law. To the extent that Lender is relying on Chapter 303, as amended, of the Texas Finance Code to determine the maximum amount of interest permitted by applicable law on account the principal of the Debt does not exceed Loan, Lender will utilize the maximum lawful weekly rate ceiling from time to time in effect and as provided in such Chapter 303, as amended. To the extent United States federal law permits a greater amount of interest than is permitted under Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the maximum amount permitted by applicable law. Additionally, to the Debt for so long extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, implement any other method of computing the maximum lawful rate under such Chapter 303, as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Documentamended, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.or

No Usury. Borrower It is expressly stipulated and agreed to be the intent of Xxxxxxxx and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if Lender’s Xxxxxx's exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and LenderXxxxxx’s express intent that all excess amounts theretofore collected by Lender Xxxxxx shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan DocumentTHE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationCONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall 9.13 will control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the ​ LOAN AGREEMENT, PAGE 38 ​ ​ option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall will be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shallwill, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower The provisions of this Note and Lender intend at of all times to comply with applicable state law agreements between Maker and Payee, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid (defined as "Interest” for purposes of this section) to Lender Payee for the use, forbearance or detention of the Loan money loaned under this Note exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever (including, without limitation, the receipt of any late charge or similar amount), performance or fulfillment of any provision hereof or of any agreement between Maker and Payee shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Payee 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Payee be paid over to Maker, and not to the payment of Interest. All Interest (including any amounts or payments judicially or otherwise under the law deemed to be Interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Payee shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan this Note including any extensions and renewals hereof until payment in full of the principal balance of this Note so that the rate or Interest thereon for such full term will not exceed at any time the maximum amount permitted by applicable law. Maker hereby agrees that as a condition precedent to any claim seeking usury penalties against Pxxxx, Maker will provide written notice to Pxxxx, advising Payee in reasonable detail of the nature and amount of the violation, and Payee shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Maker or crediting such excess interest against this Note and/or any other indebtedness then owing by Maker to Payee. To the extent that Payee is relying on account Chapter 303, as amended, of the Debt does not exceed Texas Finance Code to determine the maximum lawful amount of Interest permitted by applicable law on the principal of this Note, Payee will utilize the weekly rate ceiling from time to time in effect and as provided in such Chapter 303, as amended. To the extent United States federal law permits a greater amount of interest than is permitted under Texas law, Payee will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the maximum amount permitted by applicable law. Additionally, to the Debt for so long extent permitted by applicable law now or hereafter in effect, Payee may, at its option and from time to time, implement any other method of computing the maximum lawful rate under such Chapter 303, as amended, or under other applicable law by giving notice, if required, to Maker as provided by applicable law now or hereafter in effect. In no event shall the Debt is outstanding. Notwithstanding anything provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving tri-party accounts) apply to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationindebtedness evidenced hereby. This Section 2.3 will control all agreements between Maker and Payee.

No Usury. . Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Guarantor and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents). If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Documentthis Guaranty, or contracted for, charged, taken, reserved or received with respect to the DebtGuarantied Obligations, or if Lender’s 's exercise of the option to opxxxx xo accelerate the maturity of the Loan Guarantied Obligations or any prepayment by Borrower Guarantor results in Borrower Guarantor having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Guarantor's and Lender’s 's express intent that all thax xxx excess amounts theretofore collected by Lender shall be credited against agxxxxx the unpaid Principal and all other Debt Guarantied Obligations (or, if the Debt has Guarantied Obligations have been or would thereby be paid in full, refunded to BorrowerGuarantor), and the provisions of the Loan Documents Guaranty immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan Guaranty shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Guaranty until payment in full so that the rate or amount of interest on account of the Debt Guarantied Obligations does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Guarantied Obligations for so long as the Debt is Guarantied Obligations are outstanding. Notwithstanding anything to the contrary contained in any Loan Documentthis Guaranty, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) Applicable Law is ever judicially interpreted so as to render usurious any amount called for under the Note hereunder or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the DebtObligations, or if LenderAdministrative Agent’s and Lenders’ exercise of the option to accelerate the maturity of the Loan Loans or any prepayment by any Borrower results in Borrower Borrowers having paid any interest in excess of that permitted by applicable lawApplicable Law, then it is each Borrower’s, Administrative Agent’s and Lender’s Lenders’ express intent that all excess amounts theretofore collected by Administrative Agent or any Lender shall be credited against the unpaid Principal and all other Debt principal amount of the Obligations (or, if the Debt has Obligations have been or would thereby be paid in full, refunded to BorrowerBorrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable lawApplicable Law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance or detention of the Loan Loans shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Loans until payment in full so that the rate or amount of interest on account of the Debt Loans does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loans for so long as the Debt is Loans are outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Administrative Agent or any Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Maker and Payee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Payee to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the Debt, or if Lender’s Payee's exercise of the option to accelerate the maturity of the Loan this Nxxx, or if any prepayment by Borrower Maker results in Borrower Maker having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Maker's and Lender’s Payee's express intent that all excess amounts theretofore collected by Lender collectex xx Payee shall be credited against to the unpaid Principal principal balance of this Note and all other axx xxher Debt (or, if the this Note and all other Debt has have been or would thereby be paid in full, refunded to BorrowerMaker), and the provisions of this Note and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but law and so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Payee for the use, forbearance forbearance, or detention of the Loan Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Debt until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan DocumentDocuments, it is not the intention of Lender Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section SECTION 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall 9.13 will control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall will be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter ​ LOAN AGREEMENT, PAGE 39 ​ ​ collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shallwill, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply Any provision herein, in any Loan Document or any other document executed or delivered in connection with applicable state law the Loan, or applicable United States federal law (in any other agreement or commitment, whether written or oral, expressed or implied, to the extent contrary notwithstanding, Lender shall not in any event be entitled to receive or collect, nor shall or may amounts received hereunder be credited, so that it permits Lender shall be paid, as interest, a sum greater than the maximum amount permitted by applicable law to contract for, charge, take, reserve or receive a greater amount of interest than under state law) be charged to the Person primarily obligated to pay the Debt and that this Section 10.17 shall control every other agreement the Obligations at the time in the Loan Documentsquestion. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or construction of this Agreement, any other Loan Document, or any other document executed or delivered in connection herewith, indicates a different right given to Lender to ask for, demand or receive any larger sum as interest, such is a mistake in calculation or wording which this clause shall override and control, it being the intention of the Borrower and Lender that this Agreement, any other Loan Document and any other documents executed in connection herewith conform strictly to applicable usury laws. In no event shall the amount treated as the total interest exceed the maximum amount of interest which may be lawfully contracted for, charged, taken, received or reserved or received by Lender in accordance with respect to the Debtapplicable usury laws, or if Lender’s exercise of taking into account all items which are treated as interest under applicable law, computed in the option to accelerate aggregate over the maturity full term of the Loan evidenced hereby. In the event that the aggregate of all consideration which constitutes interest under applicable law that is taken, reserved, contracted for, charged or received under this Agreement, any prepayment by Borrower results other Loan Document and any other documents executed in Borrower having paid any interest in excess of that permitted by connection herewith shall ever exceed the maximum nonusurious rate under applicable law, then it is Borrower’s and Lender’s express intent that all any sum in excess amounts theretofore collected by Lender thereof shall be credited against applied to the reduction of the unpaid Principal principal balance of the Debt and all other Debt (orthe Obligations, and if the Debt has been or would thereby be and the Obligations are paid in full, refunded any remaining excess shall be paid to Borrower). In determining whether or not the interest paid or payable, and under any specific contingency, exceeds the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with maximum nonusurious rate under applicable law, but so as to permit if any, the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Borrower and Lender for the use, forbearance or detention of the Loan shall, to the maximum extent permitted by under applicable law, be amortized(a) characterize any nonprincipal amount as an expense or fee rather than as interest, prorated(b) exclude voluntary prepayments and the effects thereof, allocated, and spread or (c) “spread” the total amount of interest throughout the full stated entire term of the Loan until payment in full Debt and the Obligations so that the interest rate or amount of interest on account is uniform throughout the entire term of the Debt does not exceed and the Obligations; provided, however, that if the Debt and Obligations are paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the maximum lawful rate from time nonusurious rate, if any, Lender shall refund to time in effect and applicable to Borrower the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time amount of such acceleration or to collect unearned interest at the time of such accelerationexcess.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Agent, Lenders and Borrowers to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s the express intent intention of the parties hereto that all such excess amounts theretofore collected by Lender shall amount be immediately credited against on the unpaid Principal and all other Debt (orapplicable Notes, or if the Debt has applicable Notes have been or would thereby be paid in fullfully paid, refunded to Borrowerby Lenders (pro rata in accordance with their respective principal amount of the affected Loans), to Borrowers (and Borrowers shall accept such refund) and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with applicable lawfurther documents, but so as to permit the recovery of to the fullest amount otherwise called for hereunder and thereunder. All sums paid Any such crediting or agreed to be paid to Lender for the use, forbearance refunding shall not cure or detention of waive any default by Borrowers under the Loan shallDocuments. If at any time following any such reduction to the interest rate payable by Borrowers there remains unpaid any principal amounts under the Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable to Lenders shall be readjusted, to the full extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or total amount of interest on account thereunder payable by Borrowers to Lenders shall be equal to the amount of interest which would have been paid by Borrowers without giving effect to applicable usury laws. Each Borrower agrees, however, that in determining whether or not any interest payable under the Notes or any of the Debt does not exceed other Loan Documents exceeds the maximum lawful highest rate from time permitted by law, any non-principal payment (except payments specifically stated in the Notes or such other Loan Documents to time be “interest”), including fees and commissions and all other sums payable hereunder or thereunder or in effect and applicable connection herewith or therewith, shall be deemed, to the Debt for so long as the Debt is outstanding. Notwithstanding anything full extent permitted by law, to the contrary contained in any Loan Documentbe an expense, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration fee, premium or to collect unearned interest at the time of such accelerationpenalty rather than interest.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.19 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to the Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 8.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by any Borrower results in any Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Borrowers' and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to BorrowerBorrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 10.19 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or of any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long loan as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is the intent of Guarantors, Agent and Lender intend at all times Lenders in the execution and acceptance of this Guaranty to comply contract in strict compliance with applicable state law usury law. In furtherance thereof, Guarantors, Agent and Lenders stipulate and agree that none of the terms and provisions contained in this Guaranty, or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Documentinstrument now or hereafter executed in connection herewith, or contracted for, charged, taken, reserved or received with respect shall ever be construed to the Debt, or if Lender’s exercise of the option create a contract to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender pay for the use, forbearance or detention detent ion of money, interest at a rate in excess of the maximum interest rate permitted to be charged by applicable law; Guarantors shall never be obligated or required to pay interest on the Indebtedness at a rate in excess of the maximum interest that may be lawfully charged under applicable law; and that the provisions of this Section shall control over all other provisions of this Guaranty, and any other instruments now or hereafter executed in connection herewith or any other oral or written agreement which may be in apparent conflict herewith. Agent and Lenders expressly disavow any intention to charge or collect excessive unearned interest or finance charges if the maturity of the indebtedness is accelerated. If the maturity of the Notes shall be accelerated for any reason or if the principal of the Notes is paid prior to the end of the term of the Notes, and as a result thereof the interest received from Guarantors for the actual period of existence of the Loan exceeds the amount of interest at the applicable maximum l awful rate under applicable law, agent shall, at its option, have Lenders either refund to Guarantors the extent amount of such excess or credit the amount of such excess against the Guaranteed Obligations then outstanding and thereby shall render inapplicable any and all penalties of any kind provided by applicable law as a result of such excess interest. If Agent and/or Lenders contract for, charge or receive any amount or amounts and/or any other thing of value from Guarantors which are determined to constitute interest which would increase the effective interest rate on the Guaranteed Obligations to a rate in excess of that permitted to be charged by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term all such amounts determined to constitute interest in excess of the Loan until payment lawful rate shall, upon such determination, at the option of Agent, be either immediately returned to Guarantors or credited against the principal balance of the Notes then outstanding, in full so which event any and all penalties of any kind under applicable law as a result of such excess interest shall be inapplicable. By execution of this Guaranty, Guarantors acknowledges that Guarantors believe the Guaranteed Obligations to be non usurious and agrees that if, at any time, Guarantors should have reason to believe that the rate Guaranteed Obligations is in fact usurious, Guarantors will give Agent notice of such condition and Guarantors agree that Lenders shall have sixty (60) days in which to make appropriate refund or amount of interest on account other adjustment in order to correct such condition if in fact such exists. The term "applicable law" as used in this Section shall mean the laws of the Debt does not exceed State of Texas or the maximum lawful laws of the United States, whichever laws allow the greater rate from time to time of interest, as such Jaws now exist or may be changed or amended or come into effect in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationfuture.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 14.16 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Promissory Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the DebtObligations, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt principal amount of the Obligations (or, if the Debt has Obligations have been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.16 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower The Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower the Borrowers results in Borrower the Borrowers having paid any interest in excess of that permitted by applicable law, then it is Borrower’s the Borrowers’ and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrowerthe Borrowers), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 10.19 shall control every other agreement in the Loan Documents. If the 120 applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long loan as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. It is expressly stipulated and agreed to be the intent of the Agent, the Lenders and the Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s the express intent intention of the parties hereto that all such excess amounts theretofore collected by Lender shall amount be immediately credited against on the unpaid Principal and all other Debt (orapplicable Term Notes, or if the Debt has applicable Term Notes have been or would thereby be paid in fullfully paid, refunded to Borrowerby the Lenders (pro rata in accordance with their respective principal amount of the affected Term Loans), to the Borrower (and the Borrower shall accept such refund) and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with applicable lawfurther documents, but so as to permit the recovery of to the fullest amount otherwise called for hereunder and thereunder. All sums paid Any such crediting or agreed to be paid to Lender for refunding shall not cure or waive any default by the use, forbearance or detention of Borrower under the Loan shallDocuments. If at any time following any such reduction to the interest rate payable by the Borrower there remains unpaid any principal amounts under the Term Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable to the Lenders shall be readjusted, to the full extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or total amount of interest on account thereunder payable by the Borrower to the Lenders shall be equal to the amount of interest which would have been paid by the Borrower without giving effect to applicable usury laws. The Borrower agrees, however, that in determining whether or not any interest payable under the Term Notes or any of the Debt does not exceed other Loan Documents exceeds the maximum lawful highest rate from time permitted by law, any non-principal payment (except payments specifically stated in the Term Notes or such other Loan Documents to time be "interest"), including fees and commissions and all other sums payable hereunder or thereunder or in effect and applicable connection herewith or therewith, shall be deemed, to the Debt for so long as the Debt is outstanding. Notwithstanding anything full extent permitted by law, to the contrary contained in any Loan Documentbe an expense, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration fee, premium or to collect unearned interest at the time of such accelerationpenalty rather than interest.

No Usury. It is expressly stipulated and agreed to be the intent of Agent, Lender and Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s the express intent intention of the parties hereto that all such excess amounts theretofore collected by Lender shall amount be immediately credited against on the unpaid Principal and all other Debt (orapplicable Notes, or if the Debt has applicable Notes have been or would thereby be paid in fullfully paid, refunded to Borrowerby Lenders (pro rata in accordance with their respective principal amount of the affected Loans), to Borrower (and Borrower shall accept such refund) and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with applicable lawfurther documents, but so as to permit the recovery of to the fullest amount otherwise called for hereunder and thereunder. All sums paid Any such crediting or agreed refunding shall not cure or waive any default by Borrower under the Loan Documents. If at any time following any such reduction to be paid the interest rate payable by Borrower there remains unpaid any principal amounts under the Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable to Lender for the use, forbearance or detention of the Loan shallshall be readjusted, to the full extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or total amount of interest on account thereunder payable by Borrower to Lender shall be equal to the amount of interest which would have been paid by Borrower without giving effect to applicable usury laws. Borrower agrees, however, that in determining whether or not any interest payable under the Notes or any of the Debt does not exceed other Loan Documents exceeds the maximum lawful highest rate from time permitted by law, any non-principal payment (except payments specifically stated in the Notes or such other Loan Documents to time be “interest”), including fees and commissions and all other sums payable hereunder or thereunder or in effect and applicable connection herewith or therewith, shall be deemed, to the Debt for so long as the Debt is outstanding. Notwithstanding anything full extent permitted by law, to the contrary contained in any Loan Documentbe an expense, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration fee, premium or to collect unearned interest at the time of such accelerationpenalty rather than interest.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Maker and Payee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Payee to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the Debt, or if LenderXxxxx’s exercise of the option to accelerate the maturity of the Loan this Note, or if any prepayment by Borrower Maker results in Borrower Maker having paid any interest in excess of that permitted by applicable law, then it is BorrowerMaker’s and LenderPayee’s express intent that all excess amounts theretofore collected by Lender Xxxxx shall be credited against on the unpaid Principal principal balance of this Note and all other Debt (or, if the this Note and all other Debt has have been or would thereby be paid in full, refunded to BorrowerMaker), and the provisions of this Note and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Payee for the use, forbearance forbearance, or detention of the Loan Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Debt until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan DocumentDocuments, it is not the intention of Lender Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. Maker represents, covenants and warrants that (i) the indebtedness evidenced by this Note is being obtained for the purpose of acquiring and carrying on a business or commercial enterprise, (ii) all proceeds of such indebtedness will be used solely in connection with such business or commercial enterprise, and (iii) the proceeds of such indebtedness will not be used for the purchase of registered equity securities within the purview of Regulation “U” issued by the Board of Governors at the Federal Reserve System.

No Usury. Borrower and Lender Lenders intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.16 shall control every other agreement in the Loan Documents. If the applicable law Legal Requirements (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved 106 or received with respect to the Debt, or if LenderAdministrative Agent’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawLegal Requirements, then it is Borrower’s and Lender’s Lenders’ express intent that all excess amounts theretofore collected by Lender Administrative Agent for the accounts of the respective Lenders shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable lawLegal Requirements, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender Administrative Agent and the Lenders for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable lawLegal Requirements, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Administrative Agent or any Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.acceleration 67

No Usury. Borrower The provisions of this Agreement, the Note, the Contribution Agreement and Lender intend at of all times to comply with applicable state law other agreements between Borrowers and Lender, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that, after taking into account all amounts deemed interest or as reducing the applicable law (state true principal balance of the Loan, in no contingency or federal) is ever judicially interpreted so as to render usurious any amount called for under event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawpaid, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, retention or detention of the Loan money loaned under this Note and related indebtedness exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrowers and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit; and if, from any circumstance whatsoever, 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Lender be paid over to Borrowers, and not to the payment of interest. All interest (including any amounts or payments judicially or otherwise under the law deemed to be interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term and amount of the Loan Note, including any extensions or renewals thereof, until payment in full of the Indebtedness, so that the rate or amount of interest on account of the Debt does thereof for such full period will not exceed at any time the maximum lawful rate from time to time in effect amount permitted by applicable law. This paragraph 4(b) will control all agreements (including the Contribution Agreement) between Borrowers and applicable to the Debt for so long as the Debt is outstandingLender. Notwithstanding anything to the contrary contained in any Loan Document, it The loan is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration for family, household or to collect unearned interest at the time of such accelerationpersonal purposes, but is a commercial purpose loan.

No Usury. Xxxxxx and Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount amounts called for under the this Note or any the other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s express intent intention that Borrower shall not be required to pay interest on this Note at a rate in excess of the maximum lawful rate, that the provisions of this Section 12 shall control over all other provisions of this Note and the Loan Documents which may be in apparent conflict herewith, that such excess amounts theretofore collected by Lender amount shall be credited against to the unpaid Principal and all other Debt principal balance of this Note (or, if the Debt this Note has been or would thereby be paid in fullfully paid, refunded by Lender to Borrower), and the provisions of the Loan Documents immediately hereof shall be deemed reformed and the amounts thereafter collectible thereunder under this Note reduced, without the necessity of the execution of any new documentfurther documents, so as to comply with the then applicable law, but so as to permit the recovery by Lender of the fullest amount otherwise called for thereunderunder this Note. All sums Any such crediting or refund shall not cure or waive any default by Borrower under this Note or the other Loan Documents. If at any time following any reduction in the interest rate payable by Borrower there remains unpaid any principal amount under this Note and the maximum interest rate allowed by applicable law is increased or eliminated, then the interest rate payable under this Note shall be readjusted, to the extent not prohibited by applicable law, so that the dollar amount of interest payable hereunder shall be equal to the dollar amount of interest which would have been paid by Borrower without giving effect to the reduction in interest resulting from compliance with applicable usury laws. Xxxxxxxx agrees that in determining whether or agreed not any interest payable under this Note or the other Loan Documents exceeds the highest rate allowed by law, any non-principal payment (except payments specifically stated in this Note or in the other Loan Documents to be paid to Lender for the use“interest”), forbearance or detention of the Loan including, without limitation, prepayment fees and delinquency charges, shall, to the maximum extent permitted allowed by applicable law, be amortizedan expense, proratedfee or premium rather than interest. The term “applicable law”, allocated, and spread throughout as used in this Note shall mean the full stated term laws of The Commonwealth of Massachusetts or the laws of the Loan until payment United States, whichever laws allow the greater rate of interest, as such laws now exist or may be changed or amended or come into effect in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationfuture.

No Usury. It is expressly stipulated and agreed to be the intent of the Agent, the Banks and the Borrower and Lender intend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documentsusury laws. If the applicable law (state or federal) is at any time such laws would ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawDocuments, then it is Borrower’s and Lender’s the express intent intention of the parties hereto that all such excess amounts theretofore collected by Lender shall amount be immediately credited against on the unpaid Principal and all other Debt (orNotes, or if the Debt has Notes have been or would thereby be paid in fullfully paid, refunded to Borrowerby the Banks (pro rata in accordance with their respective principal amount of the affected Loans), to the Borrower (and the Borrower shall accept such refund) and the provisions of hereof and thereof be immediately deemed to be reformed to comply with the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reducedthen applicable laws, without the necessity of the execution of any new document, so as to comply with applicable lawfurther documents, but so as to permit the recovery of to the fullest amount otherwise called for hereunder and thereunder. All sums paid Any such crediting or agreed to be paid to Lender for refunding shall not cure or waive any default by the use, forbearance or detention of Borrower under the Loan shallDocuments. If at any time following any such reduction to the interest rate payable by the Borrower there remains unpaid any principal amounts under the Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable to the Banks shall be readjusted, to the full extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or total amount of interest on account thereunder payable by the Borrower to the Banks shall be equal to the amount of interest which would have been paid by the Borrower without giving effect to applicable usury laws. The Borrower agrees, however, that in determining whether or not any interest payable under the Notes or any of the Debt does not exceed other Loan Documents exceeds the maximum lawful highest rate from time permitted by law, any non-principal payment (except payments specifically stated in the Notes or such other Loan Documents to time be "interest"), including Commitment commissions and other fees and commissions and all other sums payable hereunder or thereunder or in effect and applicable connection herewith or therewith, shall be deemed, to the Debt for so long as the Debt is outstanding. Notwithstanding anything full extent permitted by law, to the contrary contained in any Loan Documentbe an expense, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration fee, premium or to collect unearned interest at the time of such accelerationpenalty rather than interest.

No Usury. The provisions of this Agreement, the Note, the Option Agreement and of all other agreements between Borrower and Lender intend at all times to comply with applicable state law Lender, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawpaid, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, retention or detention of the Loan money loaned under this Note and related indebtedness exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit; and if, from any circumstance whatsoever, 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Lender be paid over to Borrower, and not to the payment of interest. All interest (including any amounts or payments judicially or otherwise under the law deemed to be interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan Note, including any extensions or renewals thereof, until payment in full of the Indebtedness so that the rate interest thereof for such full period will not exceed at any time the maximum amount permitted by applicable law. In this regard, Borrower acknowledges with Lender, as a material inducement to Lender to enter into this Agreement and advance the Loan, that the Option Agreement is “an option or right to purchase capital stock or other equity securities of an obligor or of an affiliate of an obligor” as such phrase is used in Section 306.101(b)(3) of the Texas Finance Code, and, accordingly, that neither execution of the Option Agreement nor exercise by Lender of such option shall constitute or result in a charge of interest under Texas law. To the extent that Lender is relying on Chapter 303, as amended, of the Texas Finance Code to determine the maximum amount of interest permitted by applicable law on account the principal of the Debt does not exceed Loan, Lender will utilize the maximum lawful weekly rate ceiling from time to time in effect and as provided in such Chapter 303, as amended. To the extent United States federal law permits a greater amount of interest than is permitted under Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the maximum amount permitted by applicable law. Additionally, to the Debt for so long extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, implement any other method of computing the maximum lawful rate under such Chapter 303, as amended, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. This paragraph 4(b) will control all agreements (including the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationOption Agreement) between Borrower and Lender.

No Usury. Borrower Guarantor and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents). If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Documentthis Guaranty, or contracted for, charged, taken, reserved or received with respect to the DebtGuarantied Obligations, or if Lender’s 's exercise of the option to optiox xx accelerate the maturity of the Loan Guarantied Obligations or any prepayment by Borrower Guarantor results in Borrower Guarantor having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Guarantor's and Lender’s 's express intent that all excess axx xxxess amounts theretofore collected by Lender shall be credited against the againxx xxx unpaid Principal and all other Debt Guarantied Obligations (or, if the Debt has Guarantied Obligations have been or would thereby be paid in full, refunded to BorrowerGuarantor), and the provisions of the Loan Documents Guaranty immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan Guaranty shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Guaranty until payment in full so that the rate or amount of interest on account of the Debt Guarantied Obligations does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Guarantied Obligations for so long as the Debt is Guarantied Obligations are outstanding. Notwithstanding anything to the contrary contained in any Loan Documentthis Guaranty, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. [Remainder of page intentionally left blank; signature page follows.]

No Usury. Borrower The provisions of this Agreement, the Note, the Contribution Agreement and Lender intend at of all times to comply with applicable state law other agreements between Borrowers and Lender, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that, after taking into account all amounts deemed interest or as reducing the applicable law (state true principal balance of the Loan, in no contingency or federal) is ever judicially interpreted so as to render usurious any amount called for under event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawpaid, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, retention or detention of the Loan money loaned under this Note and related indebtedness exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrowers and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit; and if, from any circumstance whatsoever, 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Lender be paid over to Borrowers, and not to the payment of interest. All interest (including any amounts or payments judicially or otherwise under the law deemed to be interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term and amount of the Loan Note, including any extensions or renewals thereof, until payment in full of the Indebtedness, so that the rate interest thereof for such full period will not exceed at any time the maximum amount permitted by applicable law. In this regard, Borrowers acknowledge with Lender, as a material inducement to Lender to enter into this Agreement and advance the Loan, that the Contribution Agreement is “an option or right to purchase capital stock or other equity securities of an obligor or of an affiliate of an obligor” as such phrase is used in Section 306.101(b)(3) of the Texas Finance Code, and, accordingly, that the neither execution of the Contribution Agreement nor exercise by Lender of such purchase shall constitute or result in a charge of interest under Texas law. To the extent that Lender is relying on Chapter 303, as amended, of the Texas Finance Code to determine the maximum amount of interest permitted by applicable law on account the principal of the Debt does not exceed Loan, Lender will utilize the maximum lawful weekly rate ceiling from time to time in effect and as provided in such Chapter 303, as amended. To the extent United States federal law permits a greater amount of interest than is permitted under Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the maximum amount permitted by applicable law. Additionally, to the Debt for so long extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, implement any other method of computing the maximum lawful rate under such Chapter 303, as amended, or under other applicable law by giving notice, if required,to Borrowers as provided by applicable law now or hereafter in effect. This paragraph 4(b) will control all agreements (including the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationContribution Agreement) between Borrowers and Lender.

No Usury. Borrower The Borrower, the Issuer and Lender the Trustee intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender a party to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 9.15 shall control every other agreement in the Loan Bond Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Bond Document, or contracted for, charged, taken, reserved or received with respect to the DebtBorrower Payment Obligations, or if Lenderthe Trustee’s exercise acceleration of the option to accelerate the maturity of the Loan or any prepayment by the Borrower or any premium or Late Charge results in the Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s the parties’ express intent that all excess amounts theretofore collected by Lender the Trustee shall be credited against the unpaid Principal and all other Debt elements of the Borrower Payment Obligations (or, if the Debt Borrower Payment Obligations has been or would thereby be paid in full, refunded to the Borrower), and the provisions of the Loan Bond Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender the Trustee for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loan for so long as the Debt Loan is outstanding. Notwithstanding anything to the contrary contained in any Loan Bond Document, it is not the intention of Lender the Trustee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Each Credit Party and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 14.15 shall control every other agreement in the Loan Documents. If the applicable law Applicable Law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the any Promissory Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the DebtObligations, or if Lender’s exercise of the option to accelerate the maturity of the Loan Loans or any prepayment by Borrower Borrowers results in Borrower Borrowers having paid any interest in excess of that permitted by applicable lawApplicable Law, then it is Borrower’s the Credit Parties’ and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt principal amount of the Obligations (or, if the Debt has Obligations have been or would thereby be paid in full, refunded to Borrowerthe Credit Parties), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable lawApplicable Law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan Loans shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Loans until payment in full so that the rate or amount of interest on account of the Debt Loans does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loans for so long as the Debt is Loans are outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.16 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. The provisions of this Agreement, the Note, the Option Agreement and of all other agreements between Borrower and Lender intend at all times to comply with applicable state law Lender, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawpaid, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, retention or detention of the Loan money loaned under this Note and related indebtedness exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit; and if, from any circumstance whatsoever, 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Lender be paid over to Borrower, and not to the payment of interest. All interest (including any amounts or payments judicially or otherwise under the law deemed to be interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan Note, including any extensions or renewals thereof, until payment in full of the Indebtedness so that the rate or amount of interest on account of the Debt does thereof for such full period will not exceed at any time the maximum lawful rate from time to time in effect and amount permitted by applicable to the Debt for so long as the Debt is outstandinglaw. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.This paragraph 4

No Usury. (a) As indicated in Section 16 above, Borrower and Lender intend have agreed that the laws of the State of New York will govern, among other issues, the maximum rate or amount of interest payable on the indebtedness evidenced by this Junior Note and the Related Indebtedness (as hereinafter defined). It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply strictly with the applicable state law governing the maximum rate or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) payable on the indebtedness evidenced by this Junior Note and the Related Indebtedness, even if a court disregards the agreement of the parties that this Section 10.17 the laws of the State of New York shall control every other agreement in the Loan Documentsgovern such issue. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or (i) contracted for, charged, taken, reserved or received with respect pursuant to this Junior Note, any of the other Junior Loan Documents or any other communication or writing by or between Borrower and Lender related to the Debttransaction or transactions that are the subject matter of the Junior Loan Documents, (ii) contracted for, charged, taken, reserved or if received by reason of Lender’s exercise of the option to accelerate the maturity of this Junior Note and/or the Loan Related Indebtedness, or (iii) Borrower will have paid or Lender will have received by reason of any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawthis Junior Note and/or the Related Indebtedness, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of the Maximum Lawful Rate (as hereinafter defined) shall be automatically canceled, ab initio, and all amounts in excess of the Maximum Lawful Rate theretofore collected by Lender shall be credited against on the unpaid Principal and all other Debt principal balance of this Junior Note and/or the Related Indebtedness (or, if the Debt has this Junior Note and all Related Indebtedness have been or would thereby be paid in full, refunded to Borrower), and the provisions of this Junior Note and the other Junior Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder; provided, however, if this Junior Note has been paid in full before the end of the stated term of this Junior Note, then Borrower and Lender agree that Lender shall, with reasonable promptness after Lender discovers or is advised by Borrower that interest was received in an amount in excess of the Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against this Junior Note and/or any Related Indebtedness then owing by Borrower to Lender. Borrower hereby agrees that as a condition precedent to any claim or counterclaim (in which event such proceeding shall be abated for such time period) seeking usury penalties against Lender, Borrower will provide written notice to Lender, advising Lender in reasonable detail of the nature and amount of the violation and Lender shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Borrower or crediting such excess interest against this Junior Note and/or the Related Indebtedness then owing by Borrower to Lender. All sums paid contracted for, charged, taken, reserved or agreed to be paid to received by Lender for the use, forbearance or detention of any debt evidenced by this Junior Note and/or the Loan Related Indebtedness shall, to the extent permitted by applicable law, be amortizedamortized or spread, proratedusing the actuarial method, allocated, and spread throughout the full stated term of this Junior Note and/or the Loan Related Indebtedness (including any and all renewal and extension periods) until payment in full so that the rate or amount of interest on account of this Junior Note and/or the Debt Related Indebtedness does not exceed the maximum lawful rate Maximum Lawful Rate from time to time in effect and applicable to this Junior Note and/or the Debt Related Indebtedness for so long as the Debt debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Junior Loan DocumentDocuments, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. (b) In the event that a court should determine that the laws of the State of New York will not govern the issue of the maximum rate or amount of interest payable on the indebtedness evidenced by this Junior Note and the Related Indebtedness, then it is hereby stipulated that such issue shall be governed by the laws of the State of Virginia or, if Lender elects, the laws of such other state in which any part of the Property is located as specified by written notice from Lender to Borrower. (c) As used in this Junior Note: (i) The term “Maximum Lawful Rate” shall mean the maximum lawful rate of interest which may be contracted for, charged, taken, received or reserved by Lender in accordance with (A) the applicable laws of the State of New York (or, if a court disregards the choice of laws of the State of New York set forth herein, the laws of such other state as determined pursuant to Section 18(b) above) or (B) United States federal law to the extent that such law permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under the laws described in the foregoing clause (A), taking into account all Charges made in connection with the transaction evidenced by this Junior Note and the other Junior Loan Documents.

No Usury. Borrower and Lender intend at all times Nothing in this Note or in any instrument, document, or other writing now or hereafter relating to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender this Note entitles any Holder to contract for, charge, receive, take, or reserve interest hereon in excess of any applicable Maximum Rate. In the event this Note is prepaid in full or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate event the maturity of this Note is accelerated prior to the Loan end of the full stated term hereof, and the interest received prior to such prepayment or acceleration exceeds interest calculated at the Maximum Rate, the then Holder shall credit the amount of such excess against the amounts lawfully owing under this Note or under any instrument, document, or other writing relating to this Note as of the date of such prepayment or acceleration, in any order or manner as such Holder may elect, until all sums lawfully owing to such Holder are fully and finally paid, and the balance, if any, shall be refunded to the person or entity entitled thereto. Notwithstanding any other provision of this Note to the contrary, in no event shall the aggregate of (i) all interest which has accrued on this Note from the date hereof through the date of such calculation, and (ii) the sum of all other amounts accrued or paid from the date hereof through the date of such calculation, which, under applicable laws, are considered interest, ever exceed interest calculated at the Maximum Rate on the principal balance of this Note from time to time remaining unpaid. Maker and the Holder agree that by Borrower results the execution, delivery, or acceptance of this Note, each intends to contract in Borrower having paid strict compliance with the State of Texas usury laws from time to time in effect. In furtherance thereof, none of the terms of this Note or the Purchase Agreement shall ever be construed to create a contract to pay for the use, forbearance, or detention of money any interest at a rate in excess of that the Maximum Rate. Without limiting the generality of the foregoing: (i) if any amounts charged or paid on this Note prior to and incident to final payment hereof include amounts which by law are considered interest which would exceed the Maximum Rate, such charging or payment will be deemed to have been the result of mathematical error on the part both of Maker and the then Holder, and the recipient of such excess payments shall promptly refund the amount of such excess (to the extent only of such interest payments above the maximum amount which could lawfully have been charged, collected, and retained) upon discovery of such error by the recipient of such payment or upon receipt of notice thereof from the person or entity making such payment; and (ii) to the fullest extent permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender the Holder for the use, forbearance forbearance, or detention of the Loan indebtedness evidenced hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of this Note. The provisions of this paragraph shall control over all other provisions of this Note and of any other instrument, Exhibit 3.3 document, or other document evidencing the Loan until payment in full so that the rate or amount indebtedness of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable Maker to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained Holder hereunder, which may be in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationapparent conflict therewith.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for Table of Contents under the either Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Tranche A Loan and/or the Tranche B Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan (or any portion thereof) shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend Lexxxx xnd Boxxxxxx xntend to comply at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract forusury laws. If, chargeat any time, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to such laws would render usurious any amount amounts called for under the this Note or any the other Loan DocumentDocuments, or contracted for, charged, taken, reserved or received with respect it is Boxxxxxx'x and Lexxxx'x express intention that Borrower shall never be required to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any pay interest on this Note at a rate in excess of that permitted by applicable law, the maximum lawful rate then it is Borrower’s allowed. The provisions of this Paragraph 7 shall control over all other provisions of this Note and Lender’s express intent that all the other Loan Documents which may be in apparent conflict hereunder. Any excess amounts theretofore collected by Lender amount shall be immediately credited against on the unpaid Principal and all other Debt principal balance of this Note (or, if the Debt this Note has been or would thereby be paid in fullfully paid, refunded by Lender to Borrower), and the provisions of the Loan Documents hereof shall be immediately be deemed reformed reformed, and the amounts thereafter collectible thereunder under this Note shall be reduced, without the necessity of the execution of any new documentfurther documents, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunderunder this Note. All sums paid Any such crediting or agreed refund shall not cure or waive any default by Borrower under this Note or the other Loan Documents. Borrower agrees that in determining whether or not any interest payable under this Note or the other Loan Documents exceeds the highest rate not prohibited by law, any non-principal payment (except payments specifically stated in this Note or in the other Loan Documents to be paid to Lender for the use"interest"), forbearance or detention of the Loan including, without limitation, prepayment indemnification and late charges, shall, to the maximum extent permitted not prohibited by applicable law, be amortizedan expense, proratedfee, allocated, and spread throughout or indemnification amount rather than interest. The term "applicable law" as used in this Note shall mean the full stated term laws of the Loan until payment state in full so that which the rate Property is located or amount of interest on account the laws of the Debt does not exceed United States, whichever laws allow the maximum lawful greater rate from time to time of interest, as such laws now exist or may be changed or amended or come into effect in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationfuture.

No Usury. It is expressly stipulated and agreed to be the intent of Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note A and the other Loan Documents. If the applicable law (state or federal) is ever federal law should at any time be judicially interpreted so as to render usurious any amount called for under this Note A or under any of the Note or any other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the DebtLoan, or if Lender’s exercise of the option to accelerate the maturity of the Loan Maturity Date, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against on the unpaid Principal principal balance of this Note A and all other Debt (or, if indebtedness secured by the Debt has been or would thereby be paid in full, refunded to Borrower)Deed of Trust, and the provisions of this Note A and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender for the use, use or forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount Loan. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT, ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [Signature page follows.] DECLARATION OF MXXXXXX XXXXXXXXXX, EXHIBIT B PAGE 178 Case 2:15-cv-01350-JLR Document 357-2 Filed 06/23/16 Page 158 of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.208

No Usury. Borrower It is the intent of Guarantors, Agent and Lender intend at all times Lenders in the execution and acceptance of this Guaranty to comply contract in strict compliance with applicable state law usury law. In furtherance thereof, Guarantors, Agent and Lenders stipulate and agree that none of the terms and provisions contained in this Guaranty, or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Documentinstrument now or hereafter executed in connection herewith, or contracted for, charged, taken, reserved or received with respect shall ever be construed to the Debt, or if Lender’s exercise of the option create a contract to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender pay for the use, forbearance or detention of money, interest at a rate in excess of the maximum interest rate permitted to be charged by applicable law; Guarantors shall never be obligated or required to pay interest on the Indebtedness at a rate in excess of the maximum interest that may be lawfully charged under applicable law; and that the provisions of this Section shall control over all other provisions of this Guaranty, and any other instruments now or hereafter executed in connection herewith or any other oral or written agreement which may be in apparent conflict herewith. Agent and Lenders expressly disavow any intention to charge or collect excessive unearned interest or finance charges if the maturity of the Indebtedness is accelerated. If the maturity of the Notes shall be accelerated for any reason or if the principal of the Notes is paid prior to the end of the term of the Notes, and as a result thereof the interest received from Guarantors for the actual period of existence of the Loan exceeds the amount of interest at the applicable maximum lawful rate under applicable law, Agent shall, at its option, have Lenders either refund to Guarantors the extent amount of such excess or credit the amount of such excess against the Guaranteed Obligations then outstanding and thereby shall render inapplicable any and all penalties of any kind provided by applicable law as a result of such excess interest. If Agent and/or Lenders contract for, charge or receive any amount or amounts and/or any other thing of value from Guarantors which are determined to constitute interest which would increase the effective interest rate on the Guaranteed Obligations to a rate in excess of that permitted to be charged by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term all such amounts determined to constitute interest in excess of the Loan until payment lawful rate shall, upon such determination, at the option of Agent, be either immediately returned to Guarantors or credited against the principal balance of the Notes then outstanding, in full so which event any and all penalties of any kind under applicable law as a result of such excess interest shall be inapplicable. By execution of this Guaranty, Guarantors acknowledges that Guarantors believe the Guaranteed Obligations to be non usurious and agrees that if, at any time, Guarantors should have reason to believe that the rate Guaranteed Obligations is in fact usurious, Guarantors will give Agent notice of such condition and Guarantors agree that Lenders shall have sixty (60) days in which to make appropriate refund or amount of interest on account other adjustment in order to correct such condition if in fact such exists. The term “applicable law” as used in this Section shall mean the laws of the Debt does not exceed State of Texas or the maximum lawful laws of the United States, whichever laws allow the greater rate from time to time of interest, as such laws now exist or may be changed or amended or come into effect in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationfuture.

No Usury. Borrower Borrowers and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.19 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to the Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower The provisions of this Note and Lender intend at of all times to comply with applicable state law agreements between Maker and Payee, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of demand or acceleration of the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid (defined as "Interest” for purposes of this section) to Lender Payee for the use, forbearance or detention of the Loan money loaned under this Note exceed the maximum nonusurious amount permissible under applicable law. If, from any circumstance whatsoever (including, without limitation, the receipt of any late charge or similar amount), performance or fulfillment of any provision hereof or of any agreement between Maker and Payee shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for Interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit, and if, from any circumstance whatsoever, Payee 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Payee be paid over to Maker, and not to the payment of Interest. All Interest (including any amounts or payments judicially or otherwise under the law deemed to be Interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Payee shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan this Note including any extensions and renewals hereof until payment in full of the principal balance of this Note so that the rate or Interest thereon for such full term will not exceed at any time the maximum nonusurious amount permitted by applicable law. Maker hereby agrees that as a condition precedent to any claim seeking usury penalties against Payxx, Xaker will provide written notice to Payxx, xdvising Payee in reasonable detail of the nature and amount of the violation, and Payee shall have sixty (60) days after receipt of such notice in which to correct such usury violation, if any, by either refunding such excess interest to Maker or crediting such excess interest against this Note and/or any other indebtedness then owing by Maker to Payee. To the extent that Payee is relying on account Chapter ___, as amended, of the Debt does not exceed [APPLICABLE STATE FINANCE CODE] to determine the maximum lawful nonusurious amount of Interest permitted by applicable law on the principal of this Note, Payee will utilize the weekly rate ceiling from time to time in effect and as provided in such Chapter ___, as amended. To the extent United States federal law permits a greater amount of interest than is permitted under [STATE] law, Payee will rely on United States federal law instead of such Chapter ___, as amended, for the purpose of determining the maximum nonusurious amount permitted by applicable law. Additionally, to the Debt for so long extent permitted by applicable law now or hereafter in effect, Payee may, at its option and from time to time, implement any other method of computing the maximum lawful rate under such Chapter ___, as amended, or under other applicable law by giving notice, if required, to Maker as provided by applicable law now or hereafter in effect. In no event shall the Debt is outstanding. Notwithstanding anything provisions of Chapter ___ of the [APPLICABLE STATE FINANCE CODE] (which regulates certain revolving credit loan accounts and revolving tri-party accounts) apply to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationindebtedness evidenced hereby. This Section 2.3 will control all agreements between Maker and Payee.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall 9.13 will control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall will be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shallwill, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.28 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, Borrower’s Obligations or if Lendera Secured Party’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s and Lendersuch Secured Party’s express intent that all excess amounts theretofore collected by Lender such Secured Party shall be credited against the unpaid Principal principal of the Loan and all other Debt portions of the Obligations not constituting interest (or, if the Debt has Loan, and all other portions of the Obligations not constituting interest have been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt Obligations does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Obligations for so long as the Debt is Obligations are outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender any Secured Party to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.17 shall control every other agreement in the Loan Documents. If the applicable law Legal Requirements (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawLegal Requirements, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable lawLegal Requirements, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Owner, Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 11.19 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Owner or Borrower results in Owner and Borrower having paid any interest in excess of that permitted by applicable law, then it is Owner's, Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to the Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Borrower, Administrative Agent, and Lender Lenders intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Administrative Agent and such Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 12.15 shall control every other agreement in the Loan Documents. If the applicable law Applicable Law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Revolving Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the DebtObligations, or if LenderAdministrative Agent’s and Lenders’ exercise of the option to accelerate the maturity of the Loan Loans or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawApplicable Law, then it is Borrower’s and LenderAdministrative Agent’s and Lenders’ express intent that all excess amounts theretofore collected by Lender Administrative Agent shall be credited against the unpaid Principal and all other Debt principal amount of the Obligations (or, if the Debt has Obligations have been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable lawApplicable Law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender Administrative Agent or Lenders for the use, forbearance or detention of the Loan Loans shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Loans until payment in full so that the rate or amount of interest on account of the Debt Loans does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Loans for so long as the Debt is Loans are outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Administrative Agent or any Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Maker and Payee at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender Payee to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the this Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the Debt, or if Lender’s Payee's exercise of the option to accelerate the maturity of the Loan or this Noxx, xr if any prepayment by Borrower Maker results in Borrower Maker having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Maker's and Lender’s Payee's express intent that all excess amounts theretofore collected by Lender xx Xayee shall be credited against on the unpaid Principal principal balance of this Note and all other alx xxxer Debt (or, if the this Note and all other Debt has have been or would thereby be paid in full, refunded to BorrowerMaker), and the provisions of this Note and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, law but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Payee for the use, forbearance forbearance, or detention of the Loan Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Debt until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan DocumentDocuments, it is not the intention of Lender Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. MAKER REPRESENTS, COVENANTS AND WARRANTS THAT (I) THE INDEBTEDNESS EVIDENCED BY THIS NOTE IS BEING OBTAINED FOR THE PURPOSE OF ACQUIRING AND CARRYING ON A BUSINESS OR COMMERCIAL ENTERPRISE, (II) ALL PROCEEDS OF SUCH INDEBTEDNESS WILL BE USED SOLELY IN CONNECTION WITH SUCH BUSINESS OR COMMERCIAL ENTERPRISE, AND (III) THE PROCEEDS OF SUCH INDEBTEDNESS WILL NOT BE USED FOR THE PURCHASE OF REGISTERED EQUITY SECURITIES WITHIN THE PURVIEW OF REGULATION "U" ISSUED BY THE BOARD OF GOVERNORS AT THE FEDERAL RESERVE SYSTEM.

No Usury. Borrower It is expressly stipulated and Lender intend agreed to be the intent of Maker and Holder at all times to comply with applicable state law or and with applicable United States federal law (to the extent that it permits Lender Holder to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other covenant and agreement in this Mortgage Note and the other Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the this Mortgage Note or under any of the other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the Debt, or if Lender’s Holder's exercise of the option to accelerate the maturity of the Loan this Mortgage Note, or if any prepayment by Borrower Maker results in Borrower Maker having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Maker's and Lender’s Holder's express intent that all excess amounts theretofore collected by Lender Holder shall be credited against to the unpaid Principal principal balance hereof and all other debt in the order specified above (or, if this Mortgage Note and all other Debt (or, if the Debt has have been or would thereby be paid in full, shall be refunded to BorrowerMaker), and the provisions of this Mortgage Note and the other Loan Documents shall immediately and automatically be deemed reformed to be reformed, and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender Holder for the use, forbearance forbearance, or detention of the Loan Debt shall, to the fullest extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Debt until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower Guarantor and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents). If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Documentthis Guaranty, or contracted for, charged, taken, reserved or received with respect to the DebtGuarantied Obligations, or if Lender’s 's exercise of the option oxxxxx to accelerate the maturity of the Loan Guarantied Obligations or any prepayment by Borrower Guarantor results in Borrower Guarantor having paid any interest in excess of that permitted by applicable law, then it is Borrower’s Guarantor's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against axxxxxx the unpaid Principal and all other Debt Guarantied Obligations (or, if the Debt has Guarantied Obligations have been or would thereby be paid in full, refunded to BorrowerGuarantor), and the provisions of the Loan Documents Guaranty immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan Guaranty shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan Guaranty until payment in full so that the rate or amount of interest on account of the Debt Guarantied Obligations does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt Guarantied Obligations for so long as the Debt is Guarantied Obligations are outstanding. Notwithstanding anything to the contrary contained in any Loan Documentthis Guaranty, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.

No Usury. Borrower The provisions of this Note and Lender intend at of all times to comply with applicable state law other agreements between Borrowers and Lender, whether now existing or applicable United States federal law (to the extent that it permits Lender to contract forhereafter arising and whether written or oral, chargeincluding, takebut not limited to, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If , are hereby expressly limited so that, after taking into account all amounts deemed interest or as reducing the applicable law (state true principal balance of the Loan, in no contingency or federal) is ever judicially interpreted so as to render usurious any amount called for under event whatsoever, whether by reason of demand or acceleration of the maturity of this Note or any other Loan Documentotherwise, or shall the amount contracted for, charged, taken, reserved or received with respect to the Debtreserved, or if Lender’s exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable lawpaid, then it is Borrower’s and Lender’s express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance forbearance, retention or detention of the Loan money loaned under this Note and related indebtedness exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, performance or fulfillment of any provision hereof or of any agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be due, exceed the limit for interest prescribed by law or otherwise transcend the limit of validity prescribed by applicable law, then ipso facto the obligation to be performed or fulfilled shall be reduced to such limit; and if, from any circumstance whatsoever, 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 balance owing under this Note in the inverse order of its maturity (whether or not then due) or at the option of Lender be paid over to Borrower, and not to the payment of interest. All Interest (including any amounts or payments judicially or otherwise under the law deemed to be interest) contracted for, charged, taken, reserved, paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan Note, including any extensions or renewals thereof, until payment in full of the Indebtedness so that the rate or Interest thereof for such full period will not exceed at any time the maximum amount permitted by applicable law. To the extent that Lender is relying on Chapter 303, as amended, of the Texas Finance Code to determine the maximum amount of interest permitted by applicable law on account the principal of the Debt does not exceed Loan, Lender will utilize the maximum lawful weekly rate ceiling from time to time in effect and as provided under Chapter 303, as amended. To the extent United States federal law permits a greater amount of interest than is permitted under Texas law, Lender will rely on United States federal law instead of such applicable law. Additionally, to the Debt for so long extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, implement any other method of computing the maximum lawful rate under such Chapter 303, as the Debt is outstandingamended, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationThis paragraph 1.8 will control all agreements between Borrowers and Lender.

No Usury. Borrower and Lender intend at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under state law) and that this Section 10.17 shall control every other agreement in the Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under the Note or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Debt, or if Lender’s 's exercise of the option to accelerate the maturity of the Loan or any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Borrower’s 's and Lender’s 's express intent that all excess amounts theretofore collected by Lender shall be credited against the unpaid Principal and all other Debt (or, if the Debt has been or would thereby be paid in full, refunded to Borrower), and the provisions of the Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with applicable law, but so as to permit the recovery of the fullest amount otherwise called for thereunder. All sums paid or agreed to be paid to Lender for the use.use, forbearance or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Debt does not exceed the maximum lawful rate from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained in any Loan Document, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.