Usury Laws. Regardless of any provisions contained in this Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, or apply as interest on the Note, any amount in excess of the Maximum Rate, and, in the event Payee ever receives, collects, or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (a) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.
Appears in 6 contracts
Samples: Waiver Letter (Resaca Exploitation, Inc.), Waiver Letter (Resaca Exploitation, Inc.), Shareholder Agreement (Boenigk Rebecca E)
Usury Laws. Regardless of any provisions contained in this Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, or apply as interest on the this Note, any amount in excess of the Maximum Rate, and, in the event Payee ever receives, collects, or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (a) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.
Appears in 4 contracts
Samples: Securities Agreement (Realbiz Media Group, Inc), Security Agreement (Green Envirotech Holdings Corp.), Security Agreement (Wolfe Creek Mining Inc)
Usury Laws. Regardless of any provisions contained in this Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, collect or apply as interest on the Note, any amount in excess of the Maximum Ratehighest lawful rate, and, in the event Payee ever receives, collects, collects or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (ai) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, (bii) exclude voluntary prepayments and the effect effects thereof, and (ciii) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.
Appears in 2 contracts
Samples: Indenture (Associated Materials Inc), Indenture (Associated Materials Inc)
Usury Laws. Regardless of any provisions contained in this ---------------------- Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, collect or apply as interest on the this Note, any amount in excess of the Maximum Rate, and, in the event Payee ever receives, collects, collects or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rateMaximum Rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (ai) characterize any non-non- principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, ; (bii) exclude voluntary prepayments and the effect thereof, ; and (ciii) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.
Appears in 2 contracts
Samples: General Partnership Interest Purchase Agreement (Pratt Hotel Corp /De/), General Partnership Interest Purchase Agreement (HWCC Tunica Inc)
Usury Laws. Regardless of any provisions contained in this Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, collect or apply as interest on the Note, any amount in excess of the Maximum Ratehighest lawful rate, and, in the event Payee ever receives, collects, collects or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (ai) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, (bii) exclude voluntary prepayments and the effect thereof, effects thereof and (ciii) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Triton Energy Corp), Supplemental Indenture (Triton Energy Corp)
Usury Laws. Regardless of any provisions provision contained in this Note, the Payee Holder shall never be deemed to have contracted for for, or be entitled to receive, collect, or apply as interest on the Note, this Note (whether termed interest herein or deemed to be interest by judicial determination or operation of law) any amount in excess of the Maximum Rate, and, in the event Payee that Holder ever receives, collects, or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Makerthe Company. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rateMaximum Rate, Maker the Company and Payee Holder shall, to the maximum extent permitted under applicable law, (a) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, expense or premium, fee rather than as interest, (b) exclude voluntary or refinancing prepayments and the effect thereof, and (c) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.
Appears in 1 contract
Samples: Loan Agreement (Master Silicon Carbide Industries, Inc.)