Common use of Usury Laws Clause in Contracts

Usury Laws. It is the intention of the Borrowers and the holder(s) of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Companies and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall will be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Holder resulting from an Event of Default, voluntary prepayment by the Borrowers Companies or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall will be canceled automatically and, if theretofore paid, shall will at the option of the holders hereof Holder either be rebated to the Borrowers Companies or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall will be rebated to the BorrowersCompanies. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, chargeable or receivable under this Note shall will under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall will be deemed a mistake and such excess shall will be canceled automatically and, if theretofore paid, rebated to the Borrowers or Companies credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall will be rebated to the BorrowersCompanies.

Usury Laws. It is the intention of the Borrowers Issuer and the holder(s) Holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated automatically or by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Issuer or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Issuer or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersIssuer. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Issuer or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersIssuer.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note Debenture to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note Debenture shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note Debenture is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this NoteDebenture, or if this Note Debenture has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note Debenture shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note Debenture remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this NoteDebenture, or if this Note Debenture has been repaid, then such excess shall be rebated to the BorrowersCompany.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest of the Accretion Portion payable under this Convertible Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Convertible Note is accelerated by reason of an election by the holder hereof Holder resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest the Accretion Portion may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest Accretion Portion in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Holder either be rebated to the Borrowers Company or credited on the principal amount Principal Amount of this Convertible Note, or if this Convertible Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest the Accretion Portion (whether designated as interestAccretion Portion, service charges, points or otherwise) contracted for, chargeable, or receivable under this Convertible Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Convertible Note remaining unpaid from time to time. If such interest the Accretion Portion does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Convertible Note, or if this Convertible Note has been repaid, then such excess shall be rebated to the BorrowersCompany.

Usury Laws. It is expressly stipulated and agreed to be the intention intent of Borrower and Lender at all times to comply with the applicable Texas law governing the maximum rate or amount of interest payable on the Note or the Debt evidenced by the Note and by the other Loan Documents (or, to the extent it would permit a greater rate or amount of interest on the Note or the Debt evidenced by the Note and by the other Loan Documents, applicable United States federal law) to the end that neither Borrower nor Lender shall have contracted for, and Lender shall not charge, take, reserve or receive, and Borrower shall not pay, a greater amount of interest than under Texas law or applicable United State federal law. If (i) the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note or under any of the Borrowers and other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the holder(sDebt, or (ii) Lender's exercise of this Note any remedy hereunder or under the other Loan Documents, including the option herein contained to conform strictly to all applicable usury laws now accelerate the maturity of the Note, or hereafter any prepayment by Borrower, results in forceLender having charged, taken, reserved or received, and Borrower having paid, any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the that permitted by applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwiselaw, then earned interest may never include more than the maximum amount permitted it is Borrower's and Lender's express intent that (A) all amounts theretofore collected by law, computed from the date hereof until payment, and any interest Lender in excess of the maximum amount permitted of interest allowed by applicable law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount balance of this Notethe Note (or, or if this the Note has been paidor would thereby be paid in full, then refunded to Borrower), and (B) the excess shall provisions of the Note and the other Loan Documents immediately be rebated deemed reformed and the amounts thereafter payable, chargeable or collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the Borrowers. The aggregate applicable law, but so as to permit the recovery of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances the fullest amount otherwise called for hereunder and thereunder which does not exceed the maximum legal amount of interest allowed by applicable law. All sums paid or agreed to be paid to Lender for the use, forbearance and detention of the Debt evidenced by the Note and by the other Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such Debt until payment in full so that the rate upon or amount of interest on account of such Debt does not exceed the unpaid principal balance usury ceiling from time to time in effect and applicable to such Debt for so long as debt is outstanding. To the extent that Lender is relying on Chapter 303, as amended, of this Note remaining unpaid the Texas Finance Code to determine the Maximum Lawful Rate (hereafter defined) payable on such Debt, Lender will utilize the weekly rate ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge or receive a greater amount of interest than Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the Maximum Lawful Rate and the maximum amount permitted by applicable Law. Additionally, to the extent permitted by applicable law now or hereafter in effect and the Loan Documents, 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. If In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Debt evidenced by the Note. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, 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 does exceed at the time of such acceleration. "MAXIMUM LAWFUL RATE" shall mean the maximum legal ratelawful rate of interest which may be contracted for, charged, taken, received or reserved by Lender in accordance with the applicable laws of the State of Texas (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law), taking into account all Charges (hereafter defined) made in connection with the loan evidenced by the Note and the Loan Documents. "CHARGES" shall be deemed a mistake mean all fees and such excess shall be canceled automatically andcharges, if theretofore paidany, rebated contracted for, charged, received, taken or reserved by Lender in connection with the transactions relating to the Borrowers Note and the Debt evidenced by the Note or credited on by the principal Loan Documents which are treated as interest under applicable law. The term "APPLICABLE LAW" as used in this Section 12.20 shall mean the laws of the State of Texas or the laws of the United States, whichever allows the greater rate or amount of this Notenon-usurious interest to be contracted for, charged, taken, reserved or if this Note has been repaid, then such excess shall be rebated received with respect to the BorrowersDebt evidenced by the Note and the other Loan Documents, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. It is the intention of the Borrowers Maker and the holder(s) of this Note each Payee to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Payee resulting from an Event of Default, voluntary prepayment by the Borrowers Maker or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Payee either be rebated to the Borrowers Maker or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersMaker. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Maker or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Maker. * * * * *

Usury Laws. It is the intention of the Borrowers Operating Partnership and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Operating Partnership or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Operating Partnership or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersOperating Partnership. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Operating Partnership or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersOperating Partnership.

Usury Laws. It is expressly stipulated and agreed to be the intention intent of Borrower and Lender at all times to comply with the applicable Texas law governing the maximum rate or amount of interest payable on the Note or the Debt evidenced by the Note and by the other Loan Documents (or, to the extent it would permit a greater rate or amount of interest on the Note or the Debt evidenced by the Note and by the other Loan Documents, applicable United States federal law) to the end that neither Borrower nor Lender shall have contracted for, and Lender shall not charge, take, reserve or receive, and Borrower shall not pay, a greater amount of interest than under Texas law or applicable United State federal law. If (i) the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note or under any of the Borrowers and other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the holder(sDebt, or (ii) Lender’s exercise of this Note any remedy hereunder or under the other Loan Documents, including the option herein contained to conform strictly to all applicable usury laws now accelerate the maturity of the Note, or hereafter any prepayment by Borrower, results in forceLender having charged, taken, reserved or received, and Borrower having paid, any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the that permitted by applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwiselaw, then earned interest may never include more than the maximum amount permitted it is Borrower’s and Lender’s express intent that (A) all amounts theretofore collected by law, computed from the date hereof until payment, and any interest Lender in excess of the maximum amount permitted of interest allowed by applicable law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount balance of this Notethe Note (or, or if this the Note has been paidor would thereby be paid in full, then refunded to Borrower), and (B) the excess shall provisions of the Note and the other Loan Documents immediately be rebated deemed reformed and the amounts thereafter payable, chargeable or collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the Borrowers. The aggregate applicable law, but so as to permit the recovery of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances the fullest amount otherwise called for hereunder and thereunder which does not exceed the maximum legal amount of interest allowed by applicable law. All sums paid or agreed to be paid to Lender for the use, forbearance and detention of the Debt evidenced by the Note and by the other Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such Debt until payment in full so that the rate upon or amount of interest on account of such Debt does not exceed the unpaid principal balance usury ceiling from time to time in effect and applicable to such Debt for so long as debt is outstanding. To the extent that Lender is relying on Chapter 303, as amended, of this Note remaining unpaid the Texas Finance Code to determine the Maximum Lawful Rate (hereafter defined) payable on such Debt, Lender will utilize the weekly rate ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge or receive a greater amount of interest than Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the Maximum Lawful Rate and the maximum amount permitted by applicable Law. Additionally, to the extent permitted by applicable law now or hereafter in effect and the Loan Documents, 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. If In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Debt evidenced by the Note. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, 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 does exceed at the time of such acceleration. “Maximum Lawful Rate” shall mean the maximum legal ratelawful rate of interest which may be contracted for, charged, taken, received or reserved by Lender in accordance with the applicable laws of the State of Texas (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law), taking into account all Charges (hereafter defined) made in connection with the loan evidenced by the Note and the Loan Documents. “Charges” shall be deemed a mistake mean all fees and such excess shall be canceled automatically andcharges, if theretofore paidany, rebated contracted for, charged, received, taken or reserved by Lender in connection with the transactions relating to the Borrowers Note and the Debt evidenced by the Note or credited on by the principal Loan Documents which are treated as interest under applicable law. The term “applicable law” as used in this Section 12.20 shall mean the laws of the State of Texas or the laws of the United States, whichever allows the greater rate or amount of this Notenon-usurious interest to be contracted for, charged, taken, reserved or if this Note has been repaid, then such excess shall be rebated received with respect to the BorrowersDebt evidenced by the Note and the other Loan Documents, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. It is the intention of the Borrowers Issuer and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, a voluntary prepayment by the Borrowers Issuer or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Holder either be rebated to the Borrowers Issuer or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersIssuer. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Issuer or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Issuer. * * *

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Required Holders resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Company. * * * * * * [signature page follows]

Usury Laws. (a) It is the intention of the Borrowers and the holder(s) of this Note to parties hereto that each Lender shall conform strictly to all applicable usury laws now applicable to it. Accordingly, the parties hereto stipulate and agree that none of the terms and provisions contained in the Notes, this Agreement, or hereafter in forceany of the other Credit Documents shall ever be construed to create a contract to pay to any Lender for the use, and any interest payable under this Note shall be subject to reduction to the amount not forbearance, or detention of money at a rate in excess of the maximum legal amount allowed under the Highest Lawful Rate applicable usury laws as now or hereafter construed by the courts having jurisdiction over to such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until paymentLender, and any interest in excess of that for purposes hereof, "interest" shall include the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all charges or other consideration which constitute interest (whether designated as interest, service charges, points or otherwise) under applicable laws and are contracted for, chargeabletaken, reserved, -132- 134 charged, or receivable received under any of this Note Agreement, the Notes, or the other Credit Documents or otherwise in connection with the transactions contemplated by this Agreement. Further, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or in any other Credit Document or agreement entered into in connection with or as security for the Notes, it is agreed as follows: the aggregate of all consideration which constitutes interest under law applicable to each such Lender that is contracted for, taken, reserved, charged, or received by such Lender under the Notes, this Agreement, or under any of the other aforesaid Credit Documents or agreements or otherwise in connection with the Notes shall under no circumstances exceed the maximum legal rate upon amount allowed by the unpaid principal balance of this Note remaining unpaid from time law applicable to time. If such interest does exceed the maximum legal rateLender, it shall be deemed a mistake and such any excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited by such Lender on the principal amount of the Indebtedness of the Borrower owed to such Lender (or, if the principal amount of such Indebtedness shall have been paid in full, to the extent such interest has been received by a Lender, it shall be refunded by such Lender to the Borrower). The provisions of this NoteSection 13.18(a) shall control over all other provisions of this Agreement, the Notes, and the other Credit Documents which may be in apparent conflict herewith. The parties further stipulate and agree that, without limitation on the foregoing, all calculations of the rate or amount of interest contracted for, taken, reserved, charged or received under any of this Agreement, the Notes, and the other Credit Documents which are made for the purpose of determining whether such rate or amount exceed the Highest Lawful Rate shall be made, to the extent permitted by applicable law, by amortizing, prorating, allocting, and spreading during the period of the full stated term of the Indebtedness, and if longer and if permitted by applicable law, until payment in full, all interest at any time so contracted for, taken, reserved, charged, or if this Note has been repaid, then such excess shall be rebated to the Borrowersreceived.

Usury Laws. It This Note is intended to be performed in accordance with, and only to the intention of the Borrowers and the holder(s) of this Note to conform strictly to extent permitted by, all applicable usury laws. If any provision hereof or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the Holder hereof to at all times comply with the usury and other applicable laws now or hereafter in force, and any governing the interest payable under on the indebtedness evidenced by this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such mattersNote. If the maturity of applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under this Note is accelerated Note, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by reason of an election by the holder hereof resulting from an Event of Defaultthis Note, voluntary or if any prepayment by the Borrowers or otherwise, then earned interest may never include more than Company results in the maximum amount permitted by law, computed from the date hereof until payment, and Company having paid any interest in excess of the maximum amount that permitted by law shall be canceled automatically andlaw, if theretofore paid, shall at then it is the option express intent of the holders hereof either Company and the Holder that all excess amounts theretofore collected by the Holder be rebated to the Borrowers or credited on the principal amount balance of this Notethe Note (or, or if this the Note has been paid in full, refunded to the Company), and the provisions of this Note immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, then or agreed to be paid, by the excess shall be rebated Company for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of the Company to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable Holder under this Note shall under no circumstances shall, to the maximum extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid usury ceiling from time to time. If time in effect and applicable to such interest does exceed the maximum legal rate, it shall be deemed a mistake and indebtedness for so long as such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowersindebtedness is outstanding.

Usury Laws. (a) It is the intention of the Borrowers and the holder(s) of this Note to parties hereto that each Lender shall conform strictly to all applicable usury laws now applicable to it. Accordingly, the parties hereto stipulate and agree that none of the terms and provisions contained in the Notes, this Agreement, or hereafter in forceany of the other Credit Documents shall ever be construed to create a contract to pay to any Lender for the use, and any interest payable under this Note shall be subject to reduction to the amount not forbearance, or detention of money at a rate in excess of the maximum legal amount allowed under the Highest Lawful Rate applicable usury laws as now or hereafter construed by the courts having jurisdiction over to such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until paymentLender, and any interest in excess of that for purposes hereof, "interest" shall include the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all charges or other consideration which constitute interest (whether designated as interest, service charges, points or otherwise) under applicable laws and are contracted for, chargeabletaken, reserved, charged, or receivable received under any of this Note Agreement, the Notes, or the other Credit Documents or otherwise in connection with the transactions contemplated by this Agreement. Further, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or in any other Credit Document or agreement entered into in connection with or as security for the Notes, it is agreed as follows: the aggregate of all consideration which constitutes interest under law applicable to each such Lender that is contracted for, taken, reserved, charged, or received by such Lender under the Notes, this Agreement, or under any of the other aforesaid Credit Documents or agreements or otherwise in connection with the Notes shall under no circumstances exceed the maximum legal rate upon amount allowed by the unpaid principal balance of this Note remaining unpaid from time law applicable to time. If such interest does exceed the maximum legal rateLender, it shall be deemed a mistake and such any excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited by such Lender on the principal amount of the Indebtedness of the Borrower owed to such Lender (or, if the principal amount of such Indebtedness shall have been paid in full, to the extent such interest has been received by a Lender, it shall be refunded by such Lender to the Borrower). The provisions of this NoteSection 13.18(a) shall control over all other provisions of this Agreement, the Notes, and the other Credit Documents which may be in apparent conflict herewith. The parties further stipulate and agree that, without limitation on the foregoing, all calculations of the rate or amount of interest contracted for, taken, reserved, charged or received under any of this Agreement, the Notes, and the other Credit Documents which are made for the purpose of determining whether such rate or amount exceed the Highest Lawful Rate shall be made, to the extent permitted by applicable law, by amortizing, prorating, allocating, and spreading during the period of the full stated term of the Indebtedness, and if longer and if permitted by applicable law, until payment in full, all interest at any time so contracted for, taken, reserved, charged, or if this Note has been repaid, then such excess shall be rebated to the Borrowersreceived.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) Holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the an amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Debtor/Payor and the holder(s) Holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Debtor/Payor or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Debtor/Payor or credited on the principal amount Principal Amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersDebtor/Payor. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Debtor/Payor or credited on the principal amount Principal Amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersDebtor/Payor.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) of this Note Lender to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by for any reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Required Holders resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled cancelled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Company. * * * * * * [signature page follows]

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) Holder of this Note A to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note A shall be subject to reduction to the an amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note A is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this NoteNote A, or if this Note A has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note A shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Balance of this Note A remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this NoteNote A, or if this Note A has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) of this Note Purchaser to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note Agreement shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note the Notes is accelerated by reason of an election by the holder hereof Purchaser resulting from an Event of Default, voluntary prepayment by Default (as defined in the Borrowers Notes) or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Purchaser either be rebated to the Borrowers Borrower or credited on the principal amount of under this NoteAgreement, or if this Note Agreement has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points points, or otherwise) contracted for, chargeable, or receivable under this Note Agreement shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note Agreement remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Borrower or credited on the principal amount of this NoteAgreement, or if this Note Agreement has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Holder resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate amount of all interest (whether designated as interestIn-Kind Interest, Paid Interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Amount of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Debtor and the holder(s) of this Note Lender to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder Lender hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Default or otherwise, then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Lender either be rebated to the Borrowers Debtor or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersDebtor. The aggregate of all interest (whether designated as interest, service chargesfees, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Debtor or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersDebtor.

Usury Laws. It is the intention of the Borrowers All agreements between Mortgagor and the holder(s) of this Note to conform strictly to all applicable usury laws now Mortgagee are hereby expressly limited so that in no contingency or hereafter in forceevent whatsoever, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated whether by reason of an election by acceleration of maturity of the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers indebtedness evidenced hereby or otherwise, then earned interest may never include more than shall the amount paid or agreed to be paid to Mortgagee for the use or the forbearance of the indebtedness evidenced hereby exceed the maximum amount permitted by permissible under applicable law. As used herein, computed from the term “applicable law” shall mean the law in effect as of the date hereof until paymenthereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Modification Agreement shall be governed by such new law as of its effective date. In this regard, it is expressly agreed that it is the intent of Mortgagor and any interest Mortgagee in excess the execution, delivery and acceptance of this Modification Agreement to contract in strict compliance with the laws of the maximum amount permitted by law State of New Jersey from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the Loan Documents or the security documents at the time of performance of such provision shall be canceled automatically and, if theretofore paiddue, shall at involve transcending the option limit of the holders hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paidsuch validity prescribed by applicable law, then the excess obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from circumstances whatsoever Mortgagee should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be rebated applied to the Borrowersreduction of the principal balance evidenced hereby and not to the payment of interest. The aggregate This provision shall control every other provision of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake agreements between Mortgagor and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersMortgagee.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersCompany. Reference is made to Section 25118 of the California Corporations Code, which creates an exemption from California's usury laws. It is the intention of the Company and of the holder of this Note that this Note be exempt from California's usury laws by virtue of such Section 25118, and the Company hereby represents and warrants to the holder of this Note that the criteria set forth in such Section 25118 for the exemption contained therein to be applicable are met with respect to the transaction evidenced by this Note.

Usury Laws. It is the intention of the Borrowers each Borrower and the holder(s) of this Note Lender to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note Agreement shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note Agreement is accelerated by reason of an election by the holder hereof Lender resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Lender either be rebated to the Borrowers or credited on the principal amount of this Notethe Loans, or if this Note has the Loans have been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note Agreement shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note the Loans remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Notethe Loans, or if this Note has the Loans have been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) of this Note ---------- Noteholder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Noteholder resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Noteholder either be rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers and the holder(s) of parties to this Note to conform strictly to comply with all applicable laws, including, without limitation, usury laws now laws. In furtherance thereof, Xxxxxxxx stipulates and agrees with Lender that none of the terms and provisions contained in the Loan Documents shall ever be construed to create a contract to pay for the use, forbearance, or hereafter in forcedetention of money, and any interest payable under this Note shall be subject to reduction to the amount not or interest, in excess of the maximum legal amount allowed of interest permitted to be charged by applicable law in effect from time to time. Neither Borrower nor any present or future guarantors, endorsers, or other persons or entities hereafter becoming liable for payment of the obligations hereunder and under the other Loan Documents shall ever be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the maximum amount that may be lawfully charged under applicable usury laws as now law from time to time in effect, and the provisions of this section shall control over all other provisions of the Loan Documents that may be in conflict or hereafter construed by apparent conflict herewith. Lender expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the courts having jurisdiction over such mattersevent the maturity of this Note is accelerated. If (a) the maturity of this Note is accelerated for any reason, (b) this Note is prepaid and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or (c) Lender or any other holder of the Note shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest hereon to an amount in excess of that permitted to be charged by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwiseapplicable law, then earned all sums determined to constitute interest may never include more than in excess of such legal limit shall, without penalty, be promptly applied to reduce the then outstanding Principal of this Note or, at Xxxxxx's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted by under applicable law, computed from the date hereof until payment, Lender and Borrower (and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount other payors of this Note, or if this Note has been paid, then the excess ) shall be rebated to the Borrowers. The aggregate of all interest greatest extent permitted under applicable law, (whether designated a) characterize any non-Principal payment as an expense, fee or premium rather than as interest, service charges(b) exclude voluntary prepayments and the effects thereof, points or otherwiseand (c) contracted foramortize, chargeableprorate, or receivable under allocate, and spread the total amount of interest throughout the entire contemplated term of this Note shall under no circumstances exceed in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid interest from time to time. If such interest does exceed time in effect under applicable law in order to lawfully charge the maximum legal rateamount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the “Texas Finance Code”) as amended, it for that day, the ceiling shall be deemed a mistake and the “weekly ceiling” as defined in the Texas Finance Code. As used in this section the term “applicable law” means the laws of the State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such excess shall laws now exist or may be canceled automatically and, if theretofore paid, rebated to changed or amended or come into effect in the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowersfuture.

Usury Laws. It is the intention of the Borrowers Payors and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Payors or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Payors or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersPayors. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Payors or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersPayors.

Usury Laws. It is the intention intent of the Borrowers Mortgagor and the holder(s) Mortgagee to comply at all times with applicable usury laws. If at any time such laws would render usurious any amounts called for under the Notes or any of this Note the Security Documents, then it is the Mortgagor's and the Mortgagee's express intention that such excess amount be immediately credited on the principal balance of the Notes (or, if the Notes have been fully paid, refunded by the Mortgagee to conform strictly the Mortgagor and the Mortgagor shall accept such refund), and the provisions hereof and thereof be immediately deemed to all be reformed to comply with the then applicable laws, without the necessity of the execution of any further documents, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. Any such crediting or refund shall not cure or waive any default by the Mortgagor under the Notes or under the Security Documents. If, at any time following any such reduction in the interest rate payable by the Mortgagor, 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 hereunder shall be readjusted, to the extent permitted 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 the Mortgagor without giving effect to the applicable usury laws now theretofore in effect. The Mortgagor agrees, however, that in determining whether or hereafter in force, and not any interest payable under this Note shall be subject to reduction to the amount not in excess Notes or any of the maximum legal amount allowed under Security Documents exceeds the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount highest rate permitted by law, computed from any non-principal payment (except payments specifically stated in the date hereof until paymentNotes or in any Security Document to be "interest"), including, without limitation, prepayment fees and any interest in excess of late charges, shall be deemed, to the maximum amount extent permitted by law shall law, to be canceled automatically andan expense, if theretofore paidfee, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount of this Notepremium, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as penalty rather than interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) of this Note Chemdex to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Chemdex resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, otherwise then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Chemdex either be rebated refunded to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated refunded to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service chargesfees, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated refunded to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated refunded to the BorrowersCompany.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Convertible Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Convertible Note shall will be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Convertible Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall will be canceled automatically and, if theretofore paid, shall will at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Convertible Note, or if this Convertible Note has been paid, then the excess shall will be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Convertible Note shall will under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Convertible Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall will be deemed a mistake and such excess shall will be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Convertible Note, or if this Convertible Note has been repaid, then such excess shall will be rebated to the BorrowersCompany.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) of this Note Lender to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, a voluntary prepayment by the Borrowers Borrower or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Lender either be rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Maker and the holder(s) of this Note Holder to conform strictly to all applicable the usury laws now or hereafter in forceforce in the State of Georgia, and any interest payable under this Note Note, the Mortgage, or any Related Agreement shall be subject to reduction to the amount not in excess of the maximum legal non-usurious amount allowed under the applicable usury laws of the State of Georgia as now or hereafter construed by the courts having jurisdiction over such matters. If In the event the maturity of this Note is accelerated under the terms of this Note, the Mortgage or any Related Agreement, or by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Maker, or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof dates of each advance of loan proceeds hereunder until payment, and any interest in excess of the maximum amount permitted by law shall be canceled cancelled automatically and, if theretofore paid, shall at the option of the holders hereof Holder either be rebated to the Borrowers Maker or credited on the principal amount of this Note, Note or if this Note all principal has been paidprepaid, then the excess shall be rebated to the BorrowersMaker. The aggregate of all interest (whether designated as interest, service charges, points points, or otherwise) contracted for, chargeable, or receivable under this Note Note, the Mortgage, or any Related Agreement shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If In the event such interest does exceed the maximum legal rate, it shall be deemed a mistake cancelled automatically to the extent that such interest exceeds the maximum legal rate and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this NoteNote or, or if this the Note has been repaidprepaid, then such excess shall be rebated to the BorrowersMaker.

Usury Laws. It is the intention of the Borrowers and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Holder resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate amount of all interest (whether designated as interestIn-Kind Interest, Paid Interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Amount of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. (a) Notwithstanding anything to the contrary contained in this Note or any other Loan Document, (i) this Note shall never bear interest in excess of the Highest Lawful Rate, and (ii) if at any time the rate at which interest is payable on this Note is limited by the Highest Lawful Rate by the foregoing clause (i) or by reference to the Highest Lawful Rate in the definitions of Base Rate and Default Rate, then this Note shall bear interest at the Highest Lawful Rate and shall continue to bear interest at the Highest Lawful Rate until such time as the total amount of interest accrued on this Note equals (but does not exceed) the total amount of interest which would have accrued on this Note, had there been no Highest Lawful Rate applicable to this Note. (b) It is the intention of the Borrowers and the holder(s) parties hereto that all aspects of this Note to conform strictly to and the other Loan Documents, and the transactions contemplated hereby and thereby, comply with all laws, including, specifically, any applicable usury laws now or hereafter laws. In furtherance thereof, Borrower, the General Partner, Millennium and Lender stipulate and agree that none of the terms and provisions contained in force, and any interest payable under this Note or the other Loan Documents shall ever be subject construed to reduction create a contract to pay for the amount not use, forbearance, or detention of money, or interest, in excess of the maximum legal amount allowed of interest permitted to be charged by applicable law in effect from time to time. Neither Borrower nor Millennium nor the General Partner nor any present or future guarantors, endorsers, or other persons or entities hereafter becoming liable for payment of Borrower’s obligations hereunder and under the other Loan Documents shall ever be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the maximum amount that may be lawfully charged under applicable usury laws as now law from time to time in effect, and the provisions of this Section 11 shall control over all other provisions of the Loan Documents that may be in conflict or hereafter construed by apparent conflict herewith. Lender expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the courts having jurisdiction over such mattersevent the maturity of this Note is accelerated. If (i) the maturity of this Note is accelerated for any reason, (ii) this Note is prepaid and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or (iii) Lender or any other holder of this Note shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest hereon to an amount in excess of that permitted to be charged by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwiseapplicable law, then earned all sums determined to constitute interest may never include more than in excess of such legal limit shall, without penalty, be promptly applied to reduce the then outstanding principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted by under applicable law, computed from Lender, Borrower, the date hereof until payment, General Partner and Millennium (and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount other payors of this Note) agree that Lender shall, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest greatest extent permitted under applicable law, (whether designated i) characterize any non-principal payment as an expense, fee or premium rather than as interest, service charges(ii) exclude voluntary prepayments and the effects thereof, points or otherwiseand (iii) contracted foramortize, chargeableprorate, or receivable under allocate, and spread the total amount of interest throughout the entire contemplated term of this Note shall under no circumstances exceed in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid interest from time to time. If such interest does exceed time in effect under applicable law in order to lawfully charge the maximum legal rateamount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the “Texas Finance Code”) as amended, it for that day, the ceiling shall be deemed a mistake and the “weekly ceiling” as defined in the Texas Finance Code. As used in this section the term “applicable law” means the laws of the State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such excess shall laws now exist or may be canceled automatically and, if theretofore paid, rebated to changed or amended or come into effect in the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowersfuture. 12.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Required Holders resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Company. * * *

Usury Laws. It is the intention of the Borrowers Employee and the holder(s) of this Note Company to ---------- conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall will be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Employee or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall will be canceled automatically and, if theretofore paid, shall will at the option of the holders hereof Company either be rebated to the Borrowers Employee or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall will be rebated to the BorrowersEmployee. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall will under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall will be deemed a mistake and such excess shall will be canceled automatically and, if theretofore paid, rebated to the Borrowers Employee or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall will be rebated to the BorrowersEmployee.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) Holder of this Warrant Conversion Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Warrant Conversion Note shall be subject to reduction to the an amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Warrant Conversion Note is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this Warrant Conversion Note, or if this Warrant Conversion Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Warrant Conversion Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Balance of this Warrant Conversion Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the Holder hereof either be rebated to the Borrowers or credited on the principal amount Principal Balance of this Warrant Conversion Note, or if this Warrant Conversion Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) Holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the an amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the Holder hereof either be rebated to the Borrowers or credited on the principal amount Principal Balance of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of ---------- this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersCompany.