Common use of Usury Recapture Clause in Contracts

Usury Recapture. In the event the rate of interest chargeable under this Agreement 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 Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans equals the amount of interest which would have been paid or accrued on the Loans if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on 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 on its Loans. In the event the 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 Loans, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 the Notes at any time (calculated after giving effect to all items charged which constitute “"interest” " under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Loans Notes shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Notes equals the amount of interest which would have been paid or accrued on the Loans Notes if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the LoansNotes, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 had, at all times, been in effect, then the each Borrower shall, to the extent permitted by applicable Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans Notes if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Loans 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 on its LoansNotes. In the event the 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 LoansNotes, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 hereunderBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement 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 Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans equals the amount of interest which would have been paid or accrued on the Loans if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on 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 on its Loans. In the event the 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 Loans, and if no such principal is then outstanding, such excess or part thereof remaining shall promptly be paid to the Borrower. In determining whether Borrower and such Lenders shall provide the interest contracted for, charged, or received by Borrower a Lender exceeds reasonably detailed written explanation of the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (A) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (B) exclude voluntary prepayments nature 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 hereundersuch excess.

Usury Recapture. In the event the rate of interest chargeable under this Agreement at any time (calculated after giving effect to all items charged which constitute “interest” under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans equals the amount of interest which would have been paid or accrued on the Loans if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on 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 on its Loans. In the event the 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 Loans, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 at any time (calculated after giving effect affect to all items charged which constitute “interest” under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Loans 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 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 had at all times been in effect. In the event, upon payment in full of the Revolving Advances and the Bridge Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable Legal Requirementslaw, jointly and severally pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on 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 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 on its Revolving Advances and Bridge Loans. In the event the 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 Revolving 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 Borrower. In determining whether the interest contracted for, charged, or received by a Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 hereunderBorrowers.

Usury Recapture. In If, with respect to any Lender, the event the effective rate of interest chargeable contracted for under this Agreement the Loan Documents, including the stated rates of interest and fees contracted for hereunder and any other amounts contracted for under the Loan Documents which are deemed to be interest, 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 exceeds the Maximum Rate, then the unpaid outstanding principal amount of the Loans loans made by such Lender hereunder shall bear interest at a rate which would make the effective rate of interest for such Lender under the Loan Documents equal the Maximum Rate until the total amount of interest paid or accrued on difference between the Loans equals the amount of interest amounts which would have been paid or accrued on the Loans if due at the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the Loans is less than the total amount of interest amounts which would have been paid or accrued if the rates of interest set forth in this Agreement had, were due at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans if the Maximum Rate had(the “Lost Interest”) has been recaptured by such Lender. If, at all timeswhen the loans made hereunder are repaid in full, the Lost Interest has not been in effect and (B) fully recaptured by such Lender pursuant to the amount of interest which would have accrued on 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 on its Loans. In the event the Lenders ever receivepreceding paragraph, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shallthen, to the extent permitted by law, for the loans made hereunder by such Lender the interest rates charged under Section 2.09 hereunder shall be applied retroactively increased such that the effective rate of interest under the Loan Documents was at the Maximum Rate since the effectiveness of this Agreement to the reduction of extent necessary to recapture the principal balance of the Loans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid Lost Interest not recaptured pursuant to the Borrower. In determining whether the interest contracted for, charged, or received by a Lender exceeds the Maximum Rate, such Person maypreceding sentence and, to the extent permitted allowed by applicable Legal Requirementslaw, (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 Borrower shall pay to such Lender the total amount of interest throughout the contemplated term of the Obligations hereunderLost Interest remaining to be recaptured by such Lender. NOTWITHSTANDING THE FOREGOING OR ANY OTHER TERM IN THIS AGREEMENT AND THE LOAN DOCUMENTS TO THE CONTRARY, IT IS THE INTENTION OF EACH LENDER AND THE BORROWER TO CONFORM STRICTLY TO ANY APPLICABLE USURY LAWS. ACCORDINGLY, IF ANY LENDER CONTRACTS FOR, CHARGES, OR RECEIVES ANY CONSIDERATION WHICH CONSTITUTES INTEREST IN EXCESS OF THE MAXIMUM RATE, THEN ANY SUCH EXCESS SHALL BE CANCELED AUTOMATICALLY AND, IF PREVIOUSLY PAID, SHALL AT SUCH LENDER’S OPTION BE APPLIED TO THE OUTSTANDING AMOUNT OF THE ADVANCES MADE HEREUNDER BY SUCH LENDER OR BE REFUNDED TO THE BORROWER.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or the Notes at any time (calculated after giving effect affect to all items charged which constitute “"interest” " under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Loans Notes shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Notes equals the amount of interest which would have been paid or accrued on the Loans Notes if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the LoansNotes, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders Banks an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans the Notes if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Loans 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 on its Loansthe Notes. In the event the Lenders 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 LoansNotes, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 hereunderBorrowers.

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 Loans Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Obligations equals the amount of interest which would have been paid or accrued on the Loans 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 LoansObligations, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders 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 its Loans 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 its Loans 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 its LoansObligations owed to it. In the event the Lenders 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 LoansObligations, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 hereunderBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement at any time (calculated after giving effect affect to all items charged which constitute “interest” under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Loans 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 Loans Revolving Advances and Swing Line Advances equals the amount of interest which would have been paid or accrued on the Loans Revolving Advances and Swing Line Advances if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the LoansRevolving Advances and the Swing Line Advances, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable Legal Requirementslaw, jointly and severally pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans 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 its Loans 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 on its LoansRevolving Advances and Swing Line Advances. In the event the Lenders or the Swing Line Lender 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 LoansRevolving 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 Borrower. In determining whether the interest contracted for, charged, or received by a Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 hereunderBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or the Notes at any time (calculated after giving effect to all items charged which constitute “"interest” " under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Loans Notes shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Notes equals the amount of interest which would have been paid or accrued on the Loans Notes if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the LoansNotes, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans Notes if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Loans 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 on its LoansNotes. In the event the 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 LoansNotes, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 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 Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans equals the amount of interest which would have been paid or accrued on the Loans if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on 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 on its Loans. In the event the 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 Loans, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (Aa) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (Bb) exclude voluntary prepayments and the effects thereof, and (Cc) 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 the Notes at any time (calculated after giving effect to all items charged which constitute “"interest” " under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans equals the amount of interest which would have been paid or accrued on the Loans if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on 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 on its Loans. In the event the 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 Loans, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 at any time (calculated after giving effect affect 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 Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans equals the amount of interest which would have been paid or accrued on the Loans if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on 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 on its Loans. In the event the 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 Loans, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (Aa) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (Bb) exclude voluntary prepayments and the effects thereof, and (Cc) 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 at any time (calculated after giving effect affect to all items charged which constitute “interest” under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Loans Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Advances equals the amount of interest which would have been paid or accrued on the Loans Advances if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the LoansAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders Participants an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Loans 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 on its LoansAdvances. In the event the Lenders 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 LoansAdvances, 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 Lender Participant exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal RequirementsLaw, (Aa) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (Bb) exclude voluntary prepayments and the effects thereof, and (Cc) 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 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 Loans Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Advances equals the amount of interest which would have been paid or accrued on the Loans Advances if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the LoansAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 had, at all times, been in effect, then the each Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Agent for the account of the Revolving Credit Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Loans 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 on its LoansAdvances. In the event the Revolving Credit 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 LoansAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall promptly be paid to the Borrower. In determining whether applicable Borrower and such Revolving Credit Lenders shall provide the interest contracted for, charged, or received by applicable Borrower a Lender exceeds reasonably detailed written explanation of the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (A) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (B) exclude voluntary prepayments nature 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 hereundersuch 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 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 Loans Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Obligations equals the amount of interest which would have been paid or accrued on the Loans 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 LoansObligations, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders 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 its Loans 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 its Loans 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 its LoansObligations owed to it. In the event the Lenders 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 LoansObligations, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 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 Loans Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Obligations equals the amount of interest which would have been paid or accrued on the Loans 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 LoansObligations, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders 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 its Loans 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 its Loans 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 62 Document on its LoansObligations owed to it. In the event the Lenders 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 LoansObligations, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 (i) If, with respect to any Lender, the event the effective rate of interest chargeable contracted for under this Agreement the Loan Documents, including the stated rates of interest and fees contracted for hereunder and any other amounts contracted for under the Loan Documents that are deemed to be interest, 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 exceeds the Maximum Rate, then the unpaid outstanding principal amount of the Loans loans made by such Lender hereunder shall bear interest at a rate which would make the effective rate of interest for such Lender under the Loan Documents equal the Maximum Rate until the total amount of interest paid or accrued on difference between the Loans equals the amount of interest amounts which would have been paid or accrued on the Loans if due at the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, amounts that were due at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans if the Maximum Rate had, at all times, (the "Lost Interest") has been in effect and (B) the amount of interest which would have accrued on its Loans if the rates of interest set forth in this Agreement had at all times been in effect and recaptured by such Lender. (ii) If, when the amount of interest actually paid under this Agreement on its Loans. In loans made hereunder are repaid in full, the event Lost Interest has not been fully recaptured by such Lender pursuant to the Lenders ever receivepreceding paragraph, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shallthen, to the extent permitted by law, for the loans made hereunder by such Lender the interest rates charged under Section 2.09 hereunder shall be applied retroactively increased such that the effective rate of interest under the Loan Documents was at the Maximum Rate since the effectiveness of this Agreement to the reduction of extent necessary to recapture the principal balance of the Loans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid Lost Interest not recaptured pursuant to the Borrower. In determining whether the interest contracted for, charged, or received by a Lender exceeds the Maximum Rate, such Person maypreceding sentence and, to the extent permitted allowed by applicable Legal Requirementslaw, (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 Borrower shall pay to such Lender the total amount of interest throughout the contemplated term of the Obligations hereunderLost Interest remaining to be recaptured by such Lender. (iii) NOTWITHSTANDING THE FOREGOING OR ANY OTHER TERM IN THIS AGREEMENT AND THE LOAN DOCUMENTS TO THE CONTRARY, IT IS THE INTENTION OF EACH LENDER AND THE BORROWER TO CONFORM STRICTLY TO ANY APPLICABLE USURY LAWS. ACCORDINGLY, IF ANY LENDER CONTRACTS FOR, CHARGES, OR RECEIVES ANY CONSIDERATION THAT CONSTITUTES INTEREST IN EXCESS OF THE MAXIMUM RATE, THEN ANY SUCH EXCESS SHALL BE CANCELED AUTOMATICALLY AND, IF PREVIOUSLY PAID, SHALL AT SUCH LENDER'S OPTION BE APPLIED TO THE OUTSTANDING AMOUNT OF THE ADVANCES MADE HEREUNDER BY SUCH LENDER OR BE REFUNDED TO THE BORROWER.

Usury Recapture. In the event that, but for limitations regarding the Maximum Rate set forth in this Agreement, the rate of interest otherwise chargeable under this Agreement 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, then the unpaid principal amount of the Loans Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Advances equals the amount of interest which would have been paid or accrued on the Loans Advances if the stated rates of interest set forth in this Agreement Agreement, without giving effect to limitations regarding the Maximum Rate set forth in this Agreement, had at all times been in effect. In the event, upon payment in full of the LoansAdvances, the total amount of interest paid or accrued under the terms of this Agreement and on the Loans 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 Agreement, without giving effect to limitations regarding the Maximum Rate set forth in this Agreement, had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable Legal Requirementslaw, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans the Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Loans the Advances if the rates of interest set forth in this Agreement Agreement, without giving effect to limitations regarding the Maximum Rate 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 on its Loansthe Advances. In the event the 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 LoansAdvances, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 hereunderBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement 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 Loans Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Advances equals the amount of interest which would have been paid or accrued on the Loans Advances if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the LoansAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 had, at all times, been in effect, then the each Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Collateral Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Loans 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 on its LoansAdvances. In the event the 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 LoansAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall promptly be paid to the Borrower. In determining whether applicable Borrower and such Lenders shall provide the interest contracted for, charged, or received by applicable Borrower a Lender exceeds reasonably detailed written explanation of the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (A) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (B) exclude voluntary prepayments nature 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 hereundersuch 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 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 Loans Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Advances equals the amount of interest which would have been paid or accrued on the Loans 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 LoansAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 Legal RequirementsRequirement, pay the Applicable Administrative Agent for the account of the Lenders 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 its Loans 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 its Loans such 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 its LoansAdvances owed to it. In the event the Lenders 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 LoansAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the applicable Borrower. In determining whether the interest contracted for, charged, or received by a Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 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 Loans Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Obligations equals the amount of interest which would have been paid or accrued on the Loans 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 LoansObligations, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 Legal RequirementsRequirement, pay the Administrative Agent for the account of the Lenders 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 its Loans 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 its Loans 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 its LoansObligations owed to it. In the event the Lenders 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 LoansObligations, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 the Term Notes at any time (calculated after giving effect affect to all items charged which constitute “"interest” " under applicable Legal Requirementslaws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Term Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Term Loans equals the amount of interest which would have been paid or accrued on the Term Loans if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the Term Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirementslaw, pay the Administrative Agent for the account of the Term Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on 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 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 on its Term Loans. In the event the Term 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 Term Loans, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 Loan 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 Highest Lawful Rate, the unpaid principal amount of the Loans shall bear interest at the Maximum Highest Lawful Rate until the total amount of interest paid or accrued on the Loans equals the amount of interest which would have been paid or accrued on the Loans if the stated rates of interest set forth in this Agreement or applicable Loan Document had at all times been in effect. In the event, upon payment in full of the Loans, the total amount of interest paid or accrued under the terms of this Agreement and the 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 Loan Document had, at all times, been in effect, then the Borrower Borrowers shall, to the extent permitted by applicable Legal RequirementsApplicable Law, pay the Administrative Agent for the account of the Lenders applicable Lender an amount equal to the difference between (i) the lesser of (A) the amount of interest which would Amended and Restated First Lien Credit Agreement 104 have been charged on its 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 its such 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 Loan Document on its LoansLoans owed to it. In the event the Lenders any Lender 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 Loans, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (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 hereunderBorrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement at any time (calculated after giving effect affect 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 Loans Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Loans Advances equals the amount of interest which would have been paid or accrued on the Loans Advances if the stated rates of interest set forth in this Agreement had at all times been in effect. In the event, upon payment in full of the LoansAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Loans 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 had, at all times, been in effect, then the Borrower shall, to the extent permitted by applicable Legal Requirements, pay the Administrative Agent for the account of the Lenders an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged on its Loans Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Loans 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 on its LoansAdvances. In the event the 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 LoansAdvances, 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 Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Legal Requirements, (Aa) characterize any payment that is not principal as an expense, fee, or premium rather than interest, (Bb) exclude voluntary prepayments and the effects thereof, and (Cc) amortize, prorate, allocate, and spread in equal or unequal parts the total amount of interest throughout the contemplated term of the Obligations hereunder.