Common use of PROHIBITION AGAINST USURY Clause in Contracts

PROHIBITION AGAINST USURY. In no event, either before or after the occurrence of an Event of Default, shall the Interest due under this Operating Note exceed the maximum, lawful, non-usurious interest rate of the State of Nebraska or any other applicable law (the "Maximum Rate"). This Operating Note is hereby expressly limited so that in no event whatsoever, whether by reason of acceleration or otherwise, shall the amount paid, or agreed to be paid to Bank for the use, forbearance or detention of the sums advanced to Borrower exceed the Maximum Rate. If fulfillment of any provisions hereof, at the time performance of such provision shall be due, shall involve the potential for transcending the Maximum Rate, the obligation to be fulfilled shall be reduced to the Maximum Rate, and if from any such circumstance the Bank shall ever receive as Interest an amount which would exceed the Maximum Rate, such excess shall be applied to the reduction of the Principal Amount and not the payment of Interest, or if such excessive Interest exceeds the unpaid balance of the Principal Amount, such excess shall be refunded to Borrower. All sums paid and agreed to be paid to the Bank for use, forbearance or detention of the indebtedness of Borrower shall, to the extent permitted by Governing Law, be amortized, prorated, allocated, and spread through the whole term of such indebtedness so that the actual rate of Interest on account of such indebtedness is uniform throughout the term thereof.

PROHIBITION AGAINST USURY. In no event, either before or after the occurrence of an Event of Default, shall the Interest amount of interest due under this Operating the Revolving Note or any other Loan Document exceed the maximum, lawful, non-non usurious interest rate of the State of Nebraska or any other applicable law (the "“Maximum Rate"”). This Operating The Revolving Note is and the other Loan Documents are hereby expressly limited so that in no event whatsoever, whether by reason of acceleration or otherwise, shall the amount paid, or agreed to be paid to the Bank for the use, forbearance or detention of the sums advanced to the Borrower exceed the Maximum Rate. If fulfillment of any provisions hereof, at the time performance of such provision shall be due, shall involve the potential for transcending the Maximum Rate, the obligation to be fulfilled shall be reduced to the Maximum Rate, and if from any such circumstance the Bank shall ever receive as Interest interest an amount which would exceed the Maximum Rate, such excess shall be applied to the reduction of the Principal Amount principal amount of the Obligations and not the payment of Interestinterest, or if such excessive Interest interest exceeds the unpaid balance of the Principal Amountprincipal amount of the Obligations, such excess shall be refunded to the Borrower. All sums paid and agreed to be paid to the Bank for use, forbearance or detention of the indebtedness of the Borrower shall, to the extent permitted by Governing Lawthe laws of the State of Nebraska, be amortized, prorated, allocated, and spread through the whole term of such indebtedness so that the actual rate of Interest interest on account of such indebtedness is uniform throughout the term thereof.

PROHIBITION AGAINST USURY. In no event, either before or after the occurrence of an Event of Default, shall the Interest interest due under this Operating Note exceed the maximum, lawful, non-usurious interest rate of the State of Nebraska or any other applicable law (the "“Maximum Rate"”). This Operating Note is hereby expressly limited so that in no event whatsoever, whether by reason of acceleration or otherwise, shall the amount paid, or agreed to be paid to Bank Lender for the use, forbearance or detention of the sums advanced to Borrower exceed the Maximum Rate. If fulfillment of any provisions hereof, at the time performance of such provision shall be due, shall involve the potential for transcending the Maximum Rate, then ipso facto, the obligation to be fulfilled shall be reduced to the Maximum Rate, and if from any such circumstance the Bank Lender shall ever receive as Interest interest an amount which would exceed the Maximum Rate, such excess shall be applied to the reduction of the Principal Amount and not the payment of Interestinterest, or if such excessive Interest interest exceeds the unpaid balance of the Principal Amount, such excess shall be refunded to Borrower. All sums paid and agreed to be paid to the Bank Lender for use, forbearance or detention of the indebtedness of Borrower shall, to the extent permitted by Governing Law, be amortized, prorated, allocated, and spread through the whole term of such indebtedness so that the actual rate of Interest interest on account of such indebtedness is uniform throughout the term thereof.

PROHIBITION AGAINST USURY. In no event, either before or after the occurrence of an Event of Default, shall the Interest amount of interest due under this Operating any Note or other Loan Document exceed the maximum, lawful, non-non usurious interest rate of the State of Nebraska or any other applicable law (the "“Maximum Rate"”). This Operating Note is The Notes and the other Loan Documents are hereby expressly limited so that in no event whatsoever, whether by reason of acceleration or otherwise, shall the amount paid, or agreed to be paid to the Bank for the use, forbearance or detention of the sums advanced to the Borrower exceed the Maximum Rate. If fulfillment of any provisions hereof, at the time performance of such provision shall be due, shall involve the potential for transcending the Maximum Rate, the obligation to be fulfilled shall be reduced to the Maximum Rate, and if from any such circumstance the Bank shall ever receive as Interest interest an amount which would exceed the Maximum Rate, such excess shall be applied to the reduction of the Principal Amount principal amount of the Obligations and not the payment of Interestinterest, or if such excessive Interest interest exceeds the unpaid balance of the Principal Amountprincipal amount of the Obligations, such excess shall be refunded to the Borrower. All sums paid and agreed to be paid to the Bank for use, forbearance or detention of the indebtedness of the Borrower shall, to the extent permitted by Governing Lawthe laws of the State of Nebraska, be amortized, prorated, allocated, and spread through the whole term of such indebtedness so that the actual rate of Interest interest on account of such indebtedness is uniform throughout the term thereof.