Common use of Usury Recapture Clause in Contracts

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the Obligations, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable law, pay the Administrative Agent for the account of the applicable Lender Party an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to it. In the event the any Lender Party ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the Obligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Advances equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Advances is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the applicable Borrower shall, to the extent permitted by applicable law, pay the Applicable Administrative Agent for the account of the applicable Lender Party an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations Advances owed to it if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations Advances if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations Advances owed to it. In the event the any Lender Party ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the applicable Borrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time (calculated after giving effect to all items charged which constitute “interest” under applicable Legal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Obligations Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Loans equals the amount of interest which would have been paid or accrued on the Advances Loans if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Loans is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable lawLegal Requirements, pay the Administrative Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it its Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations its Loans if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to itits Loans. In the event the any Lender Party Lenders ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall promptly be paid to the BorrowerBorrower and such Lenders shall provide the Borrower a reasonably detailed written explanation of the nature and amount of such excess.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time (calculated after giving affect to all items charged which constitute “interest” under applicable laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Obligations Revolving Advances or Swing Line Advances, as applicable, shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Revolving Advances and Swing Line Advances equals the amount of interest which would have been paid or accrued on the Revolving Advances and Swing Line Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsRevolving Advances and the Swing Line Advances, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Revolving Advances and the Swing Line Advances is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable law, jointly and severally pay the Administrative Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it its Revolving Advances and Swing Line Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations its Revolving Advances and Swing Line Advances if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to itits Revolving Advances and Swing Line Advances. In the event the any Lenders or the Swing Line Lender Party ever receivereceives, collect collects or apply applies as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsRevolving Advances or Swing Line Advances, as applicable, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowerBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document the Notes at any time (calculated after giving affect to all items charged which constitute "interest" under applicable laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Obligations Notes shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Notes equals the amount of interest which would have been paid or accrued on the Advances Notes if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsNotes, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Notes is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable law, pay the Administrative Agent for the account of the applicable Lender Party Banks an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it the Notes if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations the Notes if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to itthe Notes. In the event the any Lender Party Banks ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsNotes, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowerBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the Obligations, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable law, pay the Administrative Agent for the account of the applicable Lender Party an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to it. In the event the any Lender Party ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the Obligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowerBorrowers.

Usury Recapture. In Notwithstanding anything to the event contrary contained in any Loan Document, the rate of interest chargeable paid or agreed to be paid under this Agreement the Loan Documents shall not exceed the Maximum Rate. If the Administrative Agent or any other Credit Document at any time is greater than Lender shall receive interest in an amount that exceeds the Maximum Rate, the unpaid excess interest shall be applied to the principal amount of the Obligations shall bear Advances or, if it exceeds such unpaid principal, refunded to the Borrowers. In determining whether the interest at contracted for, charged, or received by the Administrative Agent or a Lender exceeds the Maximum Rate until Rate, such Person may, to the extent permitted by applicable Legal Requirements, (i) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (ii) exclude voluntary prepayments and the effects thereof, and (iii) amortize, prorate, allocate, and spread in equal or unequal parts the total amount of interest paid or accrued on throughout the contemplated term of the Obligations equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. hereunder. (i) In the event, upon payment in full of the ObligationsAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Advances is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable lawLegal Requirements, pay the Administrative Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (ix) the lesser of (A1) the amount of interest which would have been charged on Obligations owed to it its Advances if the Maximum Rate had, at all times, been in effect and (B2) the amount of interest which would have accrued on such Obligations its Advances if the rates of interest set forth in this Agreement had at all times been in effect and (iiy) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to it. its Advances. (ii) In the event the any Lender Party Lenders ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by lawany Legal Requirements, be applied to the reduction of the principal balance of the ObligationsAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowerBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time (calculated after giving effect to all items charged which constitute “interest” under applicable laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Obligations Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Loans equals the amount of interest which would have been paid or accrued on the Advances Loans if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Loans is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable law, pay the Administrative Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it its Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations its Loans if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to itits Loans. In the event the any Lender Party Lenders ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time (calculated after giving affect to all items charged which constitute “interest” under applicable laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Obligations Revolving Advances or Bridge Loans, as applicable, shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Revolving Advances and Bridge Loans equals the amount of interest which would have been paid or accrued on the Revolving Advances and Bridge Loans if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsRevolving Advances and the Bridge Loans, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Revolving Advances and the Bridge Loans is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable law, jointly and severally pay the Administrative Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it its Revolving Advances and Bridge Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations its Revolving Advances and Bridge Loans if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to itits Revolving Advances and Bridge Loans. In the event the any Lender Party Lenders ever receivereceives, collect collects or apply applies as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsRevolving Advances or Bridge Loans, as applicable, and in accordance with Section 6.14 and Section 7.06, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowerBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the Obligations, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable law, pay the Administrative Agent for the account of the applicable Lender Party an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to it. In the event the that any Lender Party ever receivereceives, collect collects or apply applies as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the Obligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Loan Document at any time is greater than the Maximum Highest Lawful Rate, the unpaid principal amount of the Obligations Loans shall bear interest at the Maximum Highest Lawful Rate until the total amount of interest paid or accrued on the Obligations Loans equals the amount of interest which would have been paid or accrued on the Advances Loans if the stated rates of interest set forth in this Agreement or applicable Credit Loan Document had at all times been in effect. In the event, upon payment in full of the ObligationsLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Loans is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Loan Document had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable lawApplicable Law, pay the Administrative Agent for the account of the applicable Lender Party an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations Loans owed to it if the Maximum Highest Lawful Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations Loans if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Loan Document on Obligations Loans owed to it. In the event the any Lender Party ever receive, collect or apply as interest any sum in excess of the Maximum Highest Lawful Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowerBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time (calculated after giving affect to all items charged which constitute “interest” under applicable laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Obligations Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Advances equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Advances is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable law, pay the Administrative Agent for the account of the applicable Lender Party Participants an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it its Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations its Advances if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to itits Advances. In the event the any Lender Party Participants ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower. In determining whether the interest contracted for, charged, or received by a Participant exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Law, (a) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, and spread in equal or unequal parts the total amount of interest throughout the contemplated term of the Obligations hereunder.

Usury Recapture. In the event the rate of interest --------------- chargeable under this Agreement or any other Credit Document the Notes at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations Notes shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Notes equals the amount of interest which would have been paid or accrued on the Advances Notes if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsNotes, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Notes is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable lawLegal Requirements, pay the Administrative Agent for the account of the applicable Lender Party Banks an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it the Notes if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations the Notes if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid or accrued under this Agreement or any Credit Document on Obligations owed to itthe Notes. In the event the any Lender Party Banks ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsNotes, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document the Notes at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations equals the amount of interest which would have been paid or accrued on the Advances Obligations if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the Obligations, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Notes is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable lawLegal Requirements, pay the applicable Administrative Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on the Obligations owed to it if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such the Obligations if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid or accrued under this Agreement or any Credit Document on Obligations owed to itthe Obligations. In the event the any Lender Party Lenders ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the Obligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Advances equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Advances is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the applicable Borrower shall, to the extent permitted by applicable lawLegal Requirement, pay the Applicable Administrative Agent for the account of the applicable Lender Party an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations Advances owed to it if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations Advances if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations Advances owed to it. In the event the any Lender Party ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the applicable Borrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the Obligations, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable lawLegal Requirement, pay the Administrative Agent for the account of the applicable Lender Party an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to it. In the event the any Lender Party ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the Obligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time is greater than the Maximum Rate, the unpaid principal amount of the Obligations Term Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Term Loans equals the amount of interest which would have been paid or accrued on the Advances Term Loans if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsTerm Loans, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Term Loans is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable law, pay the Administrative Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it its Term Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations its Term Loans if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to itits Term Loans. In the event the any Lender Party Lenders ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsTerm Loans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower.

Usury Recapture. In Notwithstanding anything to the event contrary contained in any Loan Document, the rate of interest chargeable paid or agreed to be paid under this Agreement the Loan Documents shall not exceed the Maximum Rate. If the Administrative Agent or any other Credit Document at any time is greater than Lender shall receive interest in an amount that exceeds the Maximum Rate, the unpaid excess interest shall be applied to the principal amount of the Obligations shall bear Advances or, if it exceeds such unpaid principal, refunded to the Borrowers. In determining whether the interest at contracted for, charged, or received by the Administrative Agent or a Lender exceeds the Maximum Rate until Rate, such Person may, to the extent permitted by applicable Legal Requirements, (i) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (ii) exclude voluntary prepayments and the effects thereof, and (iii) amortize, prorate, allocate, and spread in equal or unequal parts the total amount of interest paid or accrued on throughout the contemplated term of the Obligations equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. hereunder. (1) In the event, upon payment in full of the ObligationsAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Advances is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable lawLegal Requirements, pay the Administrative Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (ix) the lesser of (A1) the amount of interest which would have been charged on Obligations owed to it its Advances if the Maximum Rate had, at all times, been in effect and (B2) the amount of interest which would have accrued on such Obligations its Advances if the rates of interest set forth in this Agreement had at all times been in effect and (iiy) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to it. its Advances. (2) In the event the any Lender Party Lenders ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by lawany Legal Requirements, be applied to the reduction of the principal balance of the ObligationsAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowerBorrowers. Section 1. 0i Payments and Computations.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or any other Credit Document at any time (calculated after giving effect to all items charged which constitute “interest” under applicable Legal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Obligations Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Obligations Advances equals the amount of interest which would have been paid or accrued on the Advances if the stated rates of interest set forth in this Agreement or applicable Credit Document had at all times been in effect. In the event, upon payment in full of the ObligationsAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Obligations Advances is less than the total amount of interest which would have been paid or accrued if the rates of interest set forth in this Agreement or such Credit Document had, at all times, been in effect, then the each Borrower shall, to the extent permitted by applicable lawLegal Requirements, pay the Administrative Collateral Agent for the account of the applicable Lender Party Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on Obligations owed to it its Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on such Obligations its Advances if the rates of interest set forth in this Agreement had at all times been in effect and (ii) the amount of interest actually paid under this Agreement or any Credit Document on Obligations owed to itits Advances. In the event the any Lender Party Lenders ever receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall, to the extent permitted by law, be applied to the reduction of the principal balance of the ObligationsAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall promptly be paid to the Borrowerapplicable Borrower and such Lenders shall provide the applicable Borrower a reasonably detailed written explanation of the nature and amount of such excess.