Common use of Usury Limitation Clause in Contracts

Usury Limitation. All agreements between Maker and Payee 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 Payee hereunder, 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 Note 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 Maker and Payee in the execution, delivery and acceptance of this Note to contract in strict compliance with the laws of the State of Delaware 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 Payee 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 evidenced hereby and not to the payment of interest. This provision shall control every other provision of all agreements between Maker and Payee.

Usury Limitation. All agreements between Maker Borrower, the Guarantors and Payee the 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 Payee hereunder, the Banks for the use or the forbearance of 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 Note 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 Maker Borrower and Payee the Banks in the execution, delivery and acceptance of this Note Credit Agreement to contract in strict compliance with the laws of the State The Commonwealth of Delaware 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, if under or from any circumstances whatsoever Payee the 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 evidenced hereby and not to the payment of interest. This provision shall control every other provision of all agreements between Maker and Payee.Borrower, either be

Usury Limitation. All agreements between Maker Borrower and Payee 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 Payee Lender for the use, forbearance or retention of the 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 “applicable law” shall mean interest payable in connection with such agreements (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 Note 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 Maker and Payee in the execution, delivery and acceptance of this Note to contract in strict compliance with the laws of the State of Delaware from time to time in effect"Maximum 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 if from any circumstances whatsoever Payee 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 evidenced hereby due under the Note and not to the payment of interestinterest or, if necessary, rebated to Borrower. This provision shall control every other provision of all agreements between Maker Borrower and PayeeLender.

Usury Limitation. All agreements between Maker the Borrower and Payee the 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 Payee hereunder, the Lender for the use or the forbearance of the Obligations exceed the maximum permissible under applicable lawLaw. As used herein, the term “applicable lawLaw” 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 Note 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 Maker the Borrower and Payee the Lender in the execution, delivery and acceptance of this Note Agreement and the other Loan Documents to contract in strict compliance with the laws of the State of Delaware 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, if under or from any circumstances whatsoever Payee the 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 evidenced hereby of the Obligations, as determined by the Lender, and not to the payment of interest. This provision shall control every other provision of all agreements between Maker and PayeeLoan Documents.