Common use of Spreading of Interest Clause in Contracts

Spreading of Interest. Due to irregular periodic balances of principal, the variable nature of the interest rate, or prepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Bank does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Bank, with respect to the Obligations, will be spread, prorated or allocated over the full period of time the Obligations are unpaid, including the period of any renewal or extension thereof. If the maturity of the Obligations is accelerated for any reason whether as a result of an Event of Default or otherwise prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Obligations thereafter remain unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 8 contracts

Samples: Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Threshold Pharmaceuticals Inc), Loan and Security Agreement (Crossroads Systems Inc)

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Spreading of Interest. Due to Because of the possibility of irregular periodic balances of principal, premature payment, and the variable fluctuating nature of the interest rate, or prepaymentNote Rate, the total interest that will accrue under this Agreement Note cannot be determined in advance. Bank Lender does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank Lender and Borrower agree that all amounts of interest, whenever contracted for, charged or received by BankLender, with respect to the Obligationsloan of money evidenced by this Note, will shall be spread, prorated or allocated over the full period of time the Obligations are this Note is unpaid, including the period of any renewal or extension thereofof this Note. If the maturity demand for payment of the Obligations this Note is accelerated for any reason whether as a result of an Event of Default or otherwise made by Lender prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Obligations this Note thereafter remain remains unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (Capital Senior Living Corp), Mezzanine Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp)

Spreading of Interest. Due to irregular periodic balances of principal, the variable nature of the interest rate, or prepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Bank does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Bank, with respect to the Obligations, will be spread, prorated or allocated over the full period of time the Obligations are unpaidoutstanding, including the period of any renewal or extension thereof. If the maturity of the Obligations is accelerated for any reason whether as a result of an Event of Default or otherwise prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Obligations thereafter remain unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sigmatel Inc), Intellectual Property Security Agreement (Perficient Inc)

Spreading of Interest. Due to irregular periodic balances of principal, the variable nature of the interest rate, or prepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Bank does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Bank, with respect to the Obligations, will be spread, prorated or allocated over the full period of time the Obligations are unpaid, including the period of any renewal or extension thereof. If the maturity of the Obligations is accelerated for any reason whether as a result lawsuit of an Event of Default or otherwise prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Obligations thereafter remain unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Crossroads Systems Inc)

Spreading of Interest. Due to irregular periodic balances of principal, the (he variable nature of the interest rate, or prepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Bank does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Bank, with respect to the Obligations, will be spread, prorated or allocated over the full period of time the Obligations are unpaid, including the period of any renewal or extension thereof. If the maturity of the Obligations is accelerated for any reason whether as a result of an Event of Default or otherwise prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Obligations thereafter remain unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (GPS Industries, Inc.)

Spreading of Interest. Due to Because of the possibility of irregular periodic balances of principal, premature payment, and the variable fluctuating nature of the interest rate, or prepaymentLoan Rate, the total interest that will accrue under this Agreement Note cannot be determined in advance. Bank Lender does not intend to contract for, charge charge, or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank Lender and Borrower agree that all amounts of interest, whenever contracted for, charged charged, or received by BankLender, with respect to the Obligationsloan of money evidenced by this Note, will shall be spread, prorated prorated, or allocated over the full period of time the Obligations are this Note is unpaid, including the period of any renewal or extension thereofof this Note. If the maturity demand for payment of the Obligations this Note is accelerated for any reason whether as a result of an Event of Default or otherwise made by Lender prior to the full stated term, the total amount of interest contracted for, charged charged, or received to the time of such demand shall be spread, prorated prorated, or allocated along with any interest thereafter accruing over the full period of time that the Obligations this Note thereafter remain remains unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 1 contract

Samples: Promissory Note (Grubb & Ellis Healthcare REIT, Inc.)

Spreading of Interest. Due to irregular periodic balances of principal, the variable nature of the interest rate, or prepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Bank does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Bank, with respect to the Obligations, will be spread, prorated or allocated over the full period of time the Obligations are unpaidoutstanding, including the period of any renewal or extension thereof. If It the maturity of the Obligations is accelerated for any reason whether as a result of an Event of Default or otherwise prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period parted of time that the Obligations thereafter remain unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Exe Technologies Inc)

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Spreading of Interest. Due to irregular periodic balances of principal, the variable nature of the interest rate, or prepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Bank does Lenders do not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank Lenders and Borrower Borrowers agree that all amounts of interest, whenever contracted for, charged or received by BankLenders, with respect to the Obligations, will be spread, prorated or allocated over the full period of time the Obligations are unpaidoutstanding, including the period of any renewal or extension thereof. If the maturity of the Obligations is accelerated for any reason whether as a result of an Event of Default or otherwise prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Obligations thereafter remain unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Perficient Inc)

Spreading of Interest. Due to irregular periodic balances of principal, the variable nature of the interest rate, or prepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Bank does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank and Borrower Borrowers agree that all amounts of interest, whenever contracted for, charged or received by Bank, with respect to the Obligations, will be spread, prorated or allocated over the full period of time the Obligations are unpaid, including the period of any renewal or extension thereof. If the maturity of the Obligations is accelerated for any reason whether as a result of an Event of Default or otherwise prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Obligations thereafter remain unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthaxis Inc)

Spreading of Interest. Due to irregular periodic balances of principal, the variable nature of the interest rate, or prepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Bank does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent such an occurrence Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Bank, with respect to the Obligations, will be spread, prorated or allocated over the full period of time the Obligations are unpaid, including the period of any renewal or extension thereof. If the maturity of the Obligations is accelerated for any reason whether as a result of an Event of Default or otherwise prior to the full stated term, the total amount of interest contracted for, charged or received to the time of such demand shall be spread, prorated or allocated along with any interest thereafter accruing over the full period of time that the Obligations thereafter remain unpaid for the purpose of determining if such interest exceeds the Maximum Lawful Amount.. (c)

Appears in 1 contract

Samples: Loan and Security Agreement (Tanisys Technology Inc)

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