Common use of Usury Laws Clause in Contracts

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 49 contracts

Samples: Security Agreement and Fixture Filing, Security Agreement and Fixture Filing (Moody National REIT II, Inc.), Security Agreement and Fixture Filing (Moody National REIT II, Inc.)

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Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 15 contracts

Samples: Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc), Security Agreement (Behringer Harvard Reit I Inc), Security Agreement (Behringer Harvard Reit I Inc)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower (and any Other Borrower) and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower Borrowers to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower Borrowers to Lender, or if there is no such indebtedness, shall immediately be returned to BorrowerBorrowers.

Appears in 5 contracts

Samples: Security Agreement (Inland Real Estate Income Trust, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amountMaximum Legal Rate, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 4 contracts

Samples: Security Agreement (Lodging Fund REIT III, Inc.), Rents and Security Agreement (Lodging Fund REIT III, Inc.), Leases and Rents and Security Agreement (Horizon Group Properties Inc)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between any Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower the Borrowers to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower the Borrowers to Lender, or if there is no such indebtedness, shall immediately be returned to Borrowerthe Borrowers.

Appears in 2 contracts

Samples: Trust and Security Agreement (Ventas Inc), Mortgage and Security Agreement (Ventas Inc)

Usury Laws. Notwithstanding anything to the contrarycontrary contained herein, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (BRE Select Hotels Corp), Fixture Filing and Security Agreement (BRE Select Hotels Corp)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Individual Borrower, any other Borrower and Lender Agent are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender Agent shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to LenderAgent, and (c) if through any contingency or event, Lender Agent receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to LenderAgent, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 2 contracts

Samples: Agreement and Fixture Filing (Excel Trust, L.P.), Agreement and Fixture Filing (Excel Trust, L.P.)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower Trustor and Lender Beneficiary are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Lender Beneficiary shall never exceed the maximum lawful rate or amountMaximum Legal Rate, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower Trustor to LenderBeneficiary, and (c) if through any contingency or event, Lender Beneficiary receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower Trustor to LenderBeneficiary, or if there is no such indebtedness, shall immediately be returned to BorrowerTrustor.

Appears in 2 contracts

Samples: Security Agreement (Terra Tech Corp.), Security Agreement (Terra Tech Corp.)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower Mortgagor and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Cedar Income Fund LTD /Md/), Mortgage and Security Agreement (Glimcher Realty Trust)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 2 contracts

Samples: www.sec.gov, TNP Strategic Retail Trust, Inc.

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall shall, to the extent permitted under applicable law, be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Security Agreement and Fixture (Moody National REIT I, Inc.)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, Lender and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.. Section 12.3

Appears in 1 contract

Samples: Security Agreement and Fixture Filing

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied (without prepayment premium or penalty) toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the such lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the such lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Morgans Hotel Group Co.)

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Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower Borrower, Agent and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Agent or Lender shall never exceed the maximum lawful rate or amountMaximum Legal Rate, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Agent or Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Allegiant Travel CO)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (Taubman Centers Inc)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Lender Xxxxxx shall never exceed the maximum lawful rate or amountMaximum Legal Rate, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Individual Borrower and/or Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Mortgage and Security Agreement (BlueLinx Holdings Inc.)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, Lender and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower Grantor and Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall shall, to the extent permitted by any Legal Requirement, be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower Grantor to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower Grantor to Lender, or if there is no such indebtedness, shall immediately be returned to BorrowerGrantor.

Appears in 1 contract

Samples: Moody National REIT I, Inc.

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender are hereby and shall automatically be limited so that, after taking into account account, all amounts deemed interest, the interest contracted for, charged or received by Lender shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Lender, and (c) if through any contingency or event, Lender receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to Lender, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Trust, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc)

Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Borrower and Lender Beneficiary are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Lender Beneficiary shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to LenderBeneficiary, and (c) if through any contingency or event, Lender Beneficiary receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Borrower to LenderBeneficiary, or if there is no such indebtedness, shall immediately be returned to Borrower.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

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