USURY PROVISION. It is not the intention of any parties to this Loan Agreement to make an agreement in violation of the laws of any applicable jurisdiction relating to usury. Regardless of any provision of this Loan Agreement or of any other Loan Document, the Lender shall not be entitled to receive, collect or apply, as interest, charges, fees, penalties or additional amounts (collectively, referred to herein as "INTEREST") on any of the Loans or any other Obligation, any amount in excess of the Highest Lawful Rate. If under the laws of any applicable jurisdiction there is no legal limitation on the rate of Interest that may be charged with respect to an obligation owing to the Lender (including, without limitation, the outstanding principal amount of the Loan, unpaid interest with respect to the Loan or any other Obligations due and payable under any Loan Document), there shall be no maximum amount applicable to such obligation, notwithstanding any reference thereto herein or in any other Loan Document. If at any time the rate at which interest is payable to the Lender on the Loan or any other Obligation exceeds the Highest Lawful Rate, the Loan or other Obligation shall bear interest at the Highest Lawful Rate only but shall continue to bear interest at the Highest Lawful Rate until such time as the total amount of interest accrued on the Loan or other Obligation equals (but does not exceed) the total amount of interest which would have accrued thereon had there been no Highest Lawful Rate applicable thereto. If at the maturity or final payment of the Loan or other Obligation (whether at stated maturity, by acceleration or prepayment or otherwise) the total amount of interest which has then accrued or been paid thereon as provided above (the "COLLECTED INTEREST") is less than the total amount of interest which would have accrued thereon had there been no Highest Lawful Rate applicable thereto (the "UNRESTRICTED INTEREST"), then the Borrower shall, in addition to the Collected Interest, pay to the Lender an amount equal to (a) the lesser of the Unrestricted Interest owed or accrued for the benefit of the Lender and the total amount of interest which would have accrued thereon for the benefit of the Lender had the Loan or other Obligation at all times borne Interest at the Highest Lawful Rate, MINUS (b) the Collected Interest paid for the account of the Lender. This Section 3.8 shall control every provision of every agreement pertaining to the transactions contemplated by...
USURY PROVISION. It is not the intention of any parties to this Agreement to make an agreement in violation of the laws of any applicable jurisdiction relating to usury. Regardless of any provision of this Agreement, the Lenders shall never be entitled to receive, collect or apply, as interest on the Loans, any amount in excess of the maximum amount permitted by applicable law. If the Lenders ever receive, collect or apply, as interest, any such excess, such amount which would be excessive interest shall be deemed a partial repayment of principal and treated hereunder as such; and if principal is paid in full, any remaining excess shall be paid to the Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the maximum amount permitted by applicable law, the Lenders shall, to the extent permitted under applicable laws, and solely for purposes of making such determination, (i) characterize any non-principal payment as an expense, fee or premium rather than as interest, (ii) exclude voluntary prepayments and the effect thereof, and (iii) amortize, prorate, allocate and spread in equal parts the total amount of interest throughout the entire contemplated term of this Agreement so that the interest rate is uniform throughout the entire term of this Agreement; provided, however, that if the Loans are paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the maximum amount permitted by applicable law, the Lenders shall refund to the Borrower the amount of such excess or credit the amount of such excess against the total principal amount of the Loans owing, and, in such event, the Lenders shall not be subject to any penalties provided by any laws for contracting for, charging or receiving interest in excess of the maximum amount permitted by applicable law. This Section 13.13 shall control every other provision of all agreements pertaining to the transactions contemplated by or contained in this Agreement.
USURY PROVISION. It is not the intention of any parties to this Credit Agreement to make an agreement in violation of the laws of any applicable jurisdiction relating to usury. Regardless of any provision of this Credit Agreement or of any other Loan Document, neither the Agent nor any Lender shall ever be entitled to receive, collect or apply, as interest, charges, fees, penalties or additional amounts (collectively, referred to herein as "INTEREST") on any of the Loans or any other Obligation, any amount in excess of the Highest Lawful Rate. If under the laws of any applicable jurisdiction there is no legal limitation on the rate of Interest that may be charged with respect to an obligation owing to any Lender or the Agent (including, without limitation, the outstanding principal amount of the Loans, unpaid Interest with respect to any Loan or any other Obligations due and payable under any Loan Document), there shall be no maximum amount applicable to such obligation, notwithstanding any reference thereto herein or in any other Loan Document. The existence of a Highest Lawful Rate for Obligations owing to any one Lender or the
