Common use of Usury Not Intended; Credit or Refund of Any Excess Payments Clause in Contracts

Usury Not Intended; Credit or Refund of Any Excess Payments. It is the intent of the Borrowers and the Bank in the execution and performance of this Agreement and the other Loan Documents to contract in strict compliance with the usury Laws of the State of Texas and the United States of America from time to time in effect. In furtherance of that purpose, all of the parties to this Agreement stipulate and agree that none of the terms and provisions contained in this Agreement or the other Loan Documents shall ever be construed to create a contract to pay for the use, forbearance or detention of money with interest at a rate in excess of the Ceiling Rate, and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such Laws that are contracted for, charged, taken, reserved or received under this Agreement or any of the other Loan Documents. In the event that the maturity of the Revolving Credit Note is accelerated by reason of any election by the Bank resulting from any Event of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the maximum nonusurious amount permitted by applicable Law, and excess interest, if any, provided for in this Agreement or otherwise shall be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited on the Revolving Credit Note (or, if such note shall have been paid in full, refunded to the payor of such interest). THE PROVISIONS OF THIS SECTION SHALL PREVAIL AND CONTROL OVER ALL OTHER PROVISIONS OF THIS AGREEMENT, THE REVOLVING CREDIT NOTE AND THE OTHER LOAN DOCUMENTS THAT MAY BE IN APPARENT CONFLICT HEREWITH. In the event the Bank or other owner or holder of the Revolving Credit Note or any authorized person acting on its or their behalf shall ever collect monies which are deemed to constitute interest at a rate in excess of the Ceiling Rate then in effect, all such sums deemed to constitute interest in excess of the Ceiling Rate shall be immediately returned to their payor (or, at the option of the holder of the Revolving Credit Note, credited against the unpaid principal of the Revolving Credit Note) upon such determination, and, to the extent permitted by applicable Law, neither the Bank nor any such holder shall be subject to any penalties provided by applicable Law for contracting for, charging, taking, reserving or receiving interest at a rate in excess of the Ceiling Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Ceiling Rate, to the maximum extent permitted under applicable Law, the Borrowers and the Bank shall (a) apply principal payments first to reduce

Usury Not Intended; Credit or Refund of Any Excess Payments. It is the intent of the Borrowers Company, the Agent and the Bank Lenders in the execution and performance of this Agreement and the other Loan Documents Facilities Papers to contract in strict compliance with the usury Laws laws of the State of Texas and the United States of America from time to time in effect. In furtherance of that purpose, all of the parties to this Agreement stipulate and agree that none of the terms and provisions contained in this Agreement or the other Loan Documents Facilities Papers shall ever be construed to create a contract to pay for the use, forbearance or detention of money with interest at a rate in excess of the Ceiling Rate, Rate and that for purposes hereof "“interest" ” shall include the aggregate of all charges which constitute interest under such Laws laws that are contracted for, charged, taken, reserved or received under this Agreement or any of the other Loan DocumentsFacilities Papers. In the event that the maturity of any of the Revolving Senior Credit Note Notes is accelerated by reason of any election by of all of the Bank Lenders resulting from any Event of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the maximum nonusurious amount permitted by applicable Lawlaw, and excess interest, if any, provided for in this Agreement or otherwise shall be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited on the Revolving Credit Note such note (or, if such note shall have been paid in full, refunded to the payor of such interest). THE PROVISIONS OF THIS SECTION SHALL PREVAIL AND CONTROL OVER ALL OTHER PROVISIONS OF THIS AGREEMENTThe provisions of this Section shall prevail and control over all other provisions of this Agreement, THE REVOLVING CREDIT NOTE AND THE OTHER LOAN DOCUMENTS THAT MAY BE IN APPARENT CONFLICT HEREWITHthe Senior Credit Notes and the other Facilities Papers that may be in apparent conflict herewith. In the event the Bank Agent or other owner or holder any of the Revolving Credit Note or any authorized person acting on its or their behalf Lenders shall ever collect monies which are deemed to constitute interest at a rate in excess of the Ceiling Rate then in effect, all such sums deemed to constitute interest in excess of the Ceiling Rate shall be immediately returned to their payor (or, at the option of the holder of the Revolving Credit Note, credited against the unpaid principal of the Revolving Credit Note) upon such determination, and, to the extent permitted by applicable Law, neither the Bank nor any such holder shall be subject to any penalties provided by applicable Law for contracting for, charging, taking, reserving or receiving interest at a rate in excess of the Ceiling Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Ceiling Rate, to the maximum extent permitted under applicable Law, the Borrowers and the Bank shall (a) apply principal payments first to reduce

Usury Not Intended; Credit or Refund of Any Excess Payments. It is the intent of the Borrowers Parent, the Companies, the Agent and the Bank Lenders in the execution and performance of this Agreement and the other Loan Documents Facilities Papers to contract in strict compliance with the usury Laws laws of the State of Texas and the United States of America from time to time in effect. In furtherance of that purpose, all of the parties to this Agreement stipulate and agree that none of the terms and provisions contained in this Agreement or the other Loan Documents Facilities Papers shall ever be construed to create a contract to pay for the use, forbearance or detention of money with interest at a rate in excess of the Ceiling Rate, Rate and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such Laws laws that are contracted for, charged, taken, reserved or received under this Agreement or any of the other Loan DocumentsFacilities Papers. In the event that the maturity of any of the Revolving Senior Credit Note Notes is accelerated by reason of any election by of all of the Bank Lenders resulting from any Event of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the maximum nonusurious amount permitted by applicable Lawlaw, and excess interest, if any, provided for in this Agreement or otherwise shall be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited on the Revolving Credit Note such note (or, if such note shall have been paid in full, refunded to the payor of such interest). THE PROVISIONS OF THIS SECTION SHALL PREVAIL AND CONTROL OVER ALL OTHER PROVISIONS OF THIS AGREEMENTThe provisions of this Section shall prevail and control over all other provisions of this Agreement, THE REVOLVING CREDIT NOTE AND THE OTHER LOAN DOCUMENTS THAT MAY BE IN APPARENT CONFLICT HEREWITHthe Senior Credit Notes and the other Facilities Papers that may be in apparent conflict herewith. In the event the Bank Agent or other owner or holder any of the Revolving Credit Note or any authorized person acting on its or their behalf Lenders shall ever collect monies which are deemed to constitute interest at a rate in excess of the Ceiling Rate then in effect, all such sums deemed to constitute interest in excess of the Ceiling Rate shall be immediately returned to their payor (or, at the option of the holder holders of the Revolving Senior Credit NoteNotes, credited against the unpaid principal of the Revolving Senior Credit NoteNotes) upon such determination, and, to the extent permitted by applicable Lawlaw, neither the Bank nor any such holder Agent and the Lenders shall not be subject to any penalties provided by applicable Law any Legal Requirement for contracting for, charging, taking, reserving or receiving interest at a rate in excess of the Ceiling Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Ceiling Rate, to the maximum extent permitted under applicable LawLegal Requirements, the Borrowers Parent, the Companies and the Bank Agent and the Lenders shall (a) apply characterize any non-principal payments first to reducepayment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and their effects and (c) "spread" the total amount of interest throughout the entire contemplated term of the Senior Credit Notes, and interest owing on such Senior Credit Notes so that the interest rate is uniform throughout their entire term.

Usury Not Intended; Credit or Refund of Any Excess Payments. It is the intent of each of the Borrowers Obligors, the Agent and the Bank Banks in the execution and performance of this Agreement and the other Loan Documents Facilities Papers to contract in strict compliance with the applicable usury Laws laws of the State of Texas and the United States of America from time to time in effect. In furtherance of that purpose, all each of the parties to this Agreement Obligors, the Agent and the Banks stipulate and agree that none of the terms and provisions contained in this Agreement or the other Loan Documents Facilities Papers shall ever be construed to create a contract to pay for the use, forbearance or detention of money with interest at a rate in excess of the Ceiling Rate, Rate and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such Laws laws that are contracted for, charged, taken, reserved or received under this Agreement or any of the other Loan DocumentsFacilities Papers. In the event that the maturity of the Revolving Credit any Note is accelerated by reason of any election by the Bank of its holder resulting from any Event of Default under this Agreement or otherwiseDefault, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the maximum nonusurious amount permitted by applicable Law, and excess interest, if any, provided for in this Agreement or otherwise shall be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited on the Revolving Credit Note such note (or, if such note shall have been paid in full, refunded to the payor of such interest). THE PROVISIONS OF THIS SECTION SHALL PREVAIL AND CONTROL OVER ALL OTHER PROVISIONS OF THIS AGREEMENTThe provisions of this Section shall control over all other provisions of this Agreement, THE REVOLVING CREDIT NOTE AND THE OTHER LOAN DOCUMENTS THAT MAY BE IN APPARENT CONFLICT HEREWITHthe Notes and the other Facilities Papers which may be in apparent conflict herewith. In the event the any Bank or other owner or holder of the Revolving Credit Note or any authorized person acting on its or their behalf of such Notes shall ever collect monies which are deemed to constitute interest at a rate in excess of the Ceiling Rate then in effect, all such sums deemed to constitute interest in excess of the Ceiling Rate shall be immediately returned to their payor (or, at the option of the holder of the Revolving Credit NoteNotes, credited against the unpaid principal of the Revolving Credit NoteNotes) upon such determination, and, to . The provisions of this Section shall survive the extent permitted by applicable Law, neither the Bank nor any such holder shall be subject to any penalties provided by applicable Law for contracting for, charging, taking, reserving expiration or receiving interest at a rate in excess termination of the Ceiling Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Ceiling Rate, to the maximum extent permitted under applicable Law, the Borrowers and the Bank shall (a) apply principal payments first to reducethis Agreement.

Usury Not Intended; Credit or Refund of Any Excess Payments. It is the intent of the Borrowers Company, the Agent and the Bank Lenders in the execution and performance of this Agreement and the other Loan Documents Facilities Papers to contract in strict compliance with the usury Laws laws of the State of Texas and the United States of America from time to time in effect. In furtherance of that purpose, all of the parties to this Agreement stipulate and agree that none of the terms and provisions contained in this Agreement or the other Loan Documents Facilities Papers shall ever be construed to create a contract to pay for the use, forbearance or detention of money with interest at a rate in excess of the Ceiling Rate, Rate and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such Laws laws that are contracted for, charged, taken, reserved or received under this Agreement or any of the other Loan DocumentsFacilities Papers. In the event that the maturity of any of the Revolving Senior Credit Note Notes is accelerated by reason of any election by of all of the Bank Lenders resulting from any Event of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the maximum nonusurious amount permitted by applicable Lawlaw, and excess interest, if any, provided for in this Agreement or otherwise shall be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited on the Revolving Credit Note such note (or, if such note shall have been paid in full, refunded to the payor of such interest). THE PROVISIONS OF THIS SECTION SHALL PREVAIL AND CONTROL OVER ALL OTHER PROVISIONS OF THIS AGREEMENT, THE REVOLVING SENIOR CREDIT NOTE NOTES AND THE OTHER LOAN DOCUMENTS FACILITIES PAPERS THAT MAY BE IN APPARENT CONFLICT HEREWITH. In the event the Bank Agent or other owner or holder any of the Revolving Credit Note or any authorized person acting on its or their behalf Lenders shall ever collect monies which are deemed to constitute interest at a rate in excess of the Ceiling Rate then in effect, all such sums deemed to constitute interest in excess of the Ceiling Rate shall be immediately returned to their payor (or, at the option of the holder holders of the Revolving Senior Credit NoteNotes, credited against the unpaid principal of the Revolving Senior Credit NoteNotes) upon such determination, and, to the extent permitted by applicable Lawlaw, neither the Bank nor any such holder Agent and the Lenders shall not be subject to any penalties provided by applicable Law any Legal Requirement for contracting for, charging, taking, reserving or receiving interest at a rate in excess of the Ceiling Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Ceiling Rate, to the maximum extent permitted under applicable LawLegal Requirements, the Borrowers Company and the Bank Agent and the Lenders shall (a) apply characterize any non-principal payments first to reducepayment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and their effects and (c) "spread" the total amount of interest throughout the entire contemplated term of the Senior Credit Notes, and interest owing on such Senior Credit Notes so that the interest rate is uniform throughout their entire term.

Usury Not Intended; Credit or Refund of Any Excess Payments. It is the intent of the Borrowers and the Bank Lender in the execution and performance of this Agreement and the other Loan Documents Credit Papers to contract in strict compliance with the usury Laws laws of the State of Texas and the United States of America from time to time in effect. In furtherance of that purpose, all of the parties to this Agreement stipulate and agree that none of the terms and provisions contained in this Agreement or the other Loan Documents Credit Papers shall ever be construed to create a contract to pay for the use, forbearance or detention of money with interest at a rate in excess of the Ceiling Rate, Rate and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such Laws laws that are contracted for, charged, taken, reserved or received under this Agreement or any of the other Loan DocumentsCredit Papers. In the event that the maturity of the Revolving Senior Credit Note is accelerated by reason of any election by of the Bank Lender resulting from any Event of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the maximum nonusurious amount permitted by applicable Lawlaw, and excess interest, if any, provided for in this Agreement or otherwise shall be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited on the Revolving Credit Note such note (or, if such note shall have been paid in full, refunded to the payor of such interest). THE PROVISIONS OF THIS SECTION SHALL PREVAIL AND CONTROL OVER ALL OTHER PROVISIONS OF THIS AGREEMENTThe provisions of this Section shall prevail and control over all other provisions of this Agreement, THE REVOLVING CREDIT NOTE AND THE OTHER LOAN DOCUMENTS THAT MAY BE IN APPARENT CONFLICT HEREWITHthe Senior Credit Note and the other Credit Papers that may be in apparent conflict herewith. In the event the Bank or other owner or holder of the Revolving Credit Note or any authorized person acting on its or their behalf Lender shall ever collect monies which are deemed to constitute interest at a rate in excess of the Ceiling Rate then in effect, all such sums deemed to constitute interest in excess of the Ceiling Rate shall be immediately returned to their payor (or, at the option of the holder of the Revolving Senior Credit Note, credited against the unpaid principal of the Revolving Senior Credit Note) upon such determination, and, to the extent permitted by applicable Lawlaw, neither the Bank nor any such holder Lender shall not be subject to any penalties provided by applicable Law any Legal Requirement for contracting for, charging, taking, reserving or receiving interest at a rate in excess of the Ceiling Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Ceiling Rate, to the maximum extent permitted under applicable Law, the Borrowers and the Bank shall (a) apply principal payments first to reduce.

Usury Not Intended; Credit or Refund of Any Excess Payments. It is the intent of the Borrowers Company and the Bank Agent in the execution exe-cution and performance of this Agreement and the other Loan Documents Credit Papers to contract in strict compliance with the usury Laws laws of the State of Texas New York and the United States of America from time to time in effect. In furtherance of that purpose, all of the parties to this Agreement stipulate and agree that none of the terms and provisions contained in this Agreement or the other Loan Documents Credit Papers shall ever be construed to create a contract to pay for the use, forbearance or detention of money with interest at a rate in excess of the Ceiling Rate, Rate and that for purposes hereof "“interest" ” shall include the aggregate of all charges which constitute con-stitute interest under such Laws laws that are contracted for, charged, taken, reserved or received under this Agreement or any of the other Loan DocumentsCredit Papers. In the event that the maturity of the Revolving any Senior Credit Note is accelerated by reason of any election by of the Bank Agent resulting from any Event of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest in-terest may never include more than the maximum nonusurious amount permitted by applicable Lawlaw, and excess interest, if any, provided for in this Agreement or otherwise shall be canceled automatically auto-matically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited on the Revolving such Senior Credit Note (or, if such note Senior Credit Note shall have been paid in full, refunded to the payor of such interest). THE PROVISIONS OF THIS SECTION SHALL PREVAIL AND CONTROL OVER ALL OTHER PROVISIONS OF THIS AGREEMENT, THE REVOLVING SENIOR CREDIT NOTE NOTES AND THE OTHER LOAN DOCUMENTS CREDIT PAPERS THAT MAY BE IN APPARENT CONFLICT HEREWITH. In the event the Bank or other owner or holder of the Revolving Credit Note or any authorized person acting on its or their behalf Agent shall ever collect monies which are deemed to constitute con-stitute interest at a rate in excess of the Ceiling Rate then in effect, all such sums deemed to constitute interest in excess of the Ceiling Rate shall be immediately returned to their the payor (or, at the option of the holder holders of the Revolving Senior Credit NoteNotes, credited against the unpaid principal of the Revolving Senior Credit NoteNotes) upon such determination, and, to the extent permitted by applicable Law, neither the Bank nor any such holder shall be subject to any penalties provided by applicable Law for contracting for, charging, taking, reserving or receiving interest at a rate in excess of the Ceiling Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Ceiling Rate, to the maximum extent permitted under applicable Law, the Borrowers and the Bank shall (a) apply principal payments first to reduce.