Spreading of Interest. Because of the possibility of irregular periodic balances of principal, the fluctuating nature of the interest rate, or premature payment, the total interest that will accrue under this Agreement cannot be determined in advance. 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 Lenders and Servicing Agent and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Lenders or Servicing Agent, with respect to the loan of money evidenced by the Loan Documents, shall 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 a lawsuit or 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 (Vtel Corp), Loan and Security Agreement (Vtel Corp)
Spreading of Interest. Because of the possibility of Due to irregular periodic balances of principal, the fluctuating variable nature of the interest rate, or premature paymentprepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Lenders do Lender does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount maximum rate permitted by applicable state or federal lawlaw (the “Maximum Lawful Rate”) or the maximum amount permitted by applicable state or federal law (the “Maximum Lawful Amount”), and to prevent such an occurrence Lenders and Servicing Agent Lender and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Lenders or Servicing AgentLender, with respect to the loan of money evidenced by the Loan DocumentsObligations, shall 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 a lawsuit or 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: Agreement (RMG Networks Holding Corp), Loan and Security Agreement (RMG Networks Holding Corp)
Spreading of Interest. Because of the possibility of irregular periodic balances of principal, the fluctuating nature of the interest rate, or premature payment, the total interest that will accrue under this Agreement cannot be determined in advance. Lenders do Bank does not intend to contract for, 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 Lenders and Servicing Agent Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Lenders or Servicing AgentBank, with respect to the loan of money evidenced by the Loan Documents, shall 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 a lawsuit or 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: Senior Subordinated Loan and Security Agreement (Objectspace Inc)
Spreading of Interest. Because of the possibility of irregular periodic balances of principal, the fluctuating nature of the interest rate, or premature payment, the total interest that will accrue under this Agreement cannot be determined in advance. Lenders do 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 Lenders and Servicing Agent Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Lenders or Servicing AgentBank, with respect to the loan of money evidenced by the Loan Documents, shall 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 a lawsuit or 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
Spreading of Interest. Because of the possibility of irregular periodic balances of principal, the fluctuating nature of the interest rate, or premature payment, the total interest that will accrue under this Agreement cannot be determined in advance. Lenders do 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 and, to prevent such an occurrence Lenders and Servicing Agent occurrence, Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Lenders or Servicing AgentBank, with respect to the loan of money evidenced by the Loan Documents, shall 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 a lawsuit or 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 (Mission Critical Software Inc)
Spreading of Interest. Because of the possibility of irregular periodic balances of principal, the fluctuating nature of the interest rate, or premature payment, the total interest that will accrue under this Agreement cannot be determined in advance. Lenders do Bank does not intend to contract for, 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 Lenders and Servicing Agent Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Lenders or Servicing AgentBank, with respect to the loan of money evidenced by the Loan EXHIBIT 10.13 Documents, shall 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 a lawsuit or 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: Senior Subordinated Loan and Security Agreement (Objectspace Inc)
Spreading of Interest. Because of the possibility of Due to irregular periodic balances of principal, the fluctuating variable nature of the interest rate, or premature paymentprepayment, the total interest that will accrue under this Agreement cannot be determined in advance. Lenders do Bank does not intend to contract for, charge or receive more than the Maximum Lawful Rate or Maximum Lawful Amount maximum rate permitted by applicable state or federal lawlaw (the “Maximum Lawful Rate”) or the maximum amount permitted by applicable state or federal law (the “Maximum Lawful Amount”), and to prevent such an occurrence Lenders and Servicing Agent Bank and Borrower agree that all amounts of interest, whenever contracted for, charged or received by Lenders or Servicing AgentBank, with respect to the loan of money evidenced by the Loan DocumentsObligations, shall 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 a lawsuit or 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 (RMG Networks Holding Corp)