Common use of Usury Laws Clause in Contracts

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

Appears in 5 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.)

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

Appears in 5 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Mortgage Agreement (KBS Real Estate Investment Trust, Inc.), Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

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

Appears in 4 contracts

Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (New York REIT, Inc.), Mortgage (Bluerock Residential Growth REIT, Inc.), Mortgage, Assignment of Leases and Rents and Security Agreement (Alexanders Inc)

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

Appears in 3 contracts

Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Building Associates L.L.C.)

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

Appears in 1 contract

Samples: Deed of Trust

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

Appears in 1 contract

Samples: Term Loan Agreement (Hospitality Investors Trust, Inc.)

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

Appears in 1 contract

Samples: Open End Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)

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

Appears in 1 contract

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

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