Common use of Usury Limitation Clause in Contracts

Usury Limitation. All agreements between the Borrowers and any Guarantor, the Agent and/or the Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Lenders for the use or the forbearance of the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this provision 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 the Borrowers, the Agent, and the Lenders in the execution, delivery and acceptance of this Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth of Massachusetts 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 at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of the Lender Obligations and not to the payment of interest. This provision shall control every other provision of all Loan Documents.

Usury Limitation. All agreements between the Borrowers Borrower and any Guarantor, the Agent and/or the Lenders Lender are hereby ---------------- expressly limited so that in no contingency or event whatsoever, whether by reason of: errors of fact or law, prepayment or advancement of the proceeds of the Loan, acceleration of maturity of the indebtedness evidenced hereby unpaid balance of the Note, or otherwise, shall the amount paid or agreed to be paid to the Lenders Lender for the use use, forbearance or the forbearance retention of the Lender Obligations money to be advanced hereunder, including any fees or charges collected or made in connection with the Loan that may be treated as interest under applicable law, if any, exceed the maximum permissible legal limit (if any such limit is applicable) under applicable United States federal law or state law (to the extent not preempted by federal law. As used herein, if any), now or hereafter governing the term interest payable in connection with such agreements (the "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this provision 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 the Borrowers, the Agent, and the Lenders in the execution, delivery and acceptance of this Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth of Massachusetts from time to time in effectMaximum Amount"). If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the other Loan Documents Documents, at the time of performance of such provision shall be due, shall involve transcending the limit of such validity (if any) prescribed by law that a court of competent jurisdiction may deem applicable lawhereto, then ipso facto, the obligation to be fulfilled shall automatically be reduced to the limits limit of such validity, and if under or from any circumstances whatsoever the Lenders should Lender shall ever receive as interest an amount which that would exceed the highest lawful ratemaximum legal limit (if any such limit is applicable), such amount which that would be excessive interest shall be applied to the reduction of the unpaid principal balance of due under the Lender Obligations Note and not to the payment of interestinterest or, if necessary, rebated to Borrower. This provision shall control every other provision of all Loan Documentsagreements between Borrower and Lender.

Usury Limitation. All agreements between the Borrowers Borrower and any Guarantor, the Agent and/or the Lenders Lender are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Lenders Lender for the use or the forbearance of the Lender Obligations exceed the maximum permissible under applicable lawLaw. As used herein, the term "“applicable law" Law” shall mean the law Law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this provision 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 the Borrowers, the Agent, Borrower and the Lenders Lender in the execution, delivery and acceptance of this Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth the State of Massachusetts Connecticut 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 at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable lawLaw, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Lenders Lender should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of the Lender Obligations Obligations, as determined by the Lender, and not to the payment of interest. This provision shall control every other provision of all Loan Documents.

Usury Limitation. All agreements between the Borrowers and any GuarantorBorrower, the Agent and/or Guarantors and the Lenders Banks are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness Revolving Credit Loans or any other Indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Lenders Banks for the use or the forbearance of the Lender Obligations such Indebtedness evidenced hereby exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this provision each Loan Document 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 the Borrowers, the Agent, Borrower and the Lenders Banks in the execution, delivery and acceptance of this Credit Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth of Massachusetts 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 at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Lenders Banks should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to shall, at the reduction election of the principal balance of the Lender Obligations and not to the payment of interest. This provision shall control every other provision of all Loan Documents.Borrower, either be

Usury Limitation. All agreements between the Borrowers and any Guarantor, the Agent and/or the Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Lenders for the - - use or the forbearance of the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "“applicable law" ” shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change Change in the law Law which results in a higher permissible rate of interest, then this provision 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 the Borrowers, the Agent, and the Lenders in the execution, delivery and acceptance of this Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth of Massachusetts 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 at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of the Lender Obligations and not to the payment of interest. This provision shall control every other provision of all Loan Documents.

Usury Limitation. All agreements between the Borrowers and any Guarantor, the Agent and/or other Loan Parties and the Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Lenders for the use or the forbearance of the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; providedPROVIDED, howeverHOWEVER, that in the event there is a change in the law which results in a higher permissible rate of interest, then this provision 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 the Borrowers, the Agent, other Loan Parties and the Lenders in the execution, delivery and acceptance of this Agreement and the other Loan Documents Lender Agreements to contract in strict compliance with the laws of The the Commonwealth of Massachusetts 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 Lender Agreements at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of the Lender Obligations Obligations, as determined by the Lenders, and not to the payment of interest. This provision shall control every other provision of all Loan DocumentsLender Agreements.

Usury Limitation. All agreements between This Credit Agreement and the Borrowers and any Guarantor, the Agent and/or the Lenders other Loan Documents are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness Indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Lenders Agent or any Bank for the use or the forbearance of the Lender Obligations Indebtedness evidenced hereby exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; hereof provided, however, however that in the event there is a change in the law which results in a higher permissible rate of interest, then this provision the Loan Documents shall be governed by such new law as of its effective date. In this regard, it It is expressly agreed that it is the intent of the BorrowersBorrower, the Agent, Agent and the Lenders Banks in the execution, delivery and acceptance of this Credit Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth the State of Massachusetts New York from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the other Loan Documents at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Lenders Agent or any Bank should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of the Lender Obligations evidenced hereby and not to the payment of interest. This provision shall control every other provision of all this Credit Agreement and the other Loan Documents. 6.

Usury Limitation. All agreements between the Borrowers and any GuarantorLoan Parties, the Agent and/or the Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Lenders for the use or the forbearance of the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this provision 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 the BorrowersLoan Parties, the Agent, and the Lenders in the execution, delivery and acceptance of this Agreement and the other Loan Documents Lender Agreements to contract in strict compliance with the laws of The Commonwealth of Massachusetts 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 Lender Agreements at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of the Lender Obligations Obligations, as determined by the Lenders, and not to the payment of interest. This provision shall control every other provision of all Loan DocumentsLender Agreements.

Usury Limitation. All agreements between the Borrowers Loan Parties and any Guarantor, the Agent and/or the Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Lenders for the use or the forbearance of the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this provision 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 the Borrowers, the Agent, Loan Parties and the Lenders in the execution, delivery and acceptance of this Agreement and the other Loan Documents Lender Agreements to contract in strict compliance with the laws of The the Commonwealth of Massachusetts 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 Lender Agreements at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of the Lender Obligations and not to the payment of interest. This provision shall control every other provision of all Loan DocumentsLender Agreements.