Common use of Usury Recapture Clause in Contracts

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 laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes equals the amount of interest which would have been paid or accrued on the 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 Notes, the total amount of interest paid or accrued under the terms of this Agreement and the 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 each Borrower shall, to the extent permitted by applicable law, 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 Notes if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its 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 Notes. 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 Notes, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrowers.

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 lawsLegal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable lawLegal 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 Notes Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesLoans. 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 NotesLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower. 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 lawsLegal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable lawLegal 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 Notes Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesLoans. 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 NotesLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall promptly be paid to the BorrowersBorrower 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 the Notes 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 Notes Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable law, 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 Notes Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesLoans. 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 NotesLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower.

Usury Recapture. In If, with respect to any Lender, the event the effective rate of interest chargeable contracted for under this Agreement or the Notes 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 laws, including fees and margin amounts, if applicable) is greater than exceeds the Maximum Rate, then the unpaid outstanding principal amount of the Notes 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 Notes equals the amount of interest amounts which would have been paid or accrued on the Notes 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 Notes, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each Borrower shall, to the extent permitted by applicable law, 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 Notes 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 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 Notes. 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 extent necessary to recapture the Lost Interest not recaptured pursuant to the preceding sentence and, to the extent allowed by law, the Borrower shall pay to such Lender the amount of the principal balance of the NotesLost 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, and if no such principal is then outstandingIT IS THE INTENTION OF EACH LENDER AND THE BORROWER TO CONFORM STRICTLY TO ANY APPLICABLE USURY LAWS. ACCORDINGLY, such excess or part thereof remaining shall be paid to the BorrowersIF 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 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 Notes Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Obligations equals the amount of interest which would have been paid or accrued on the Notes 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 NotesObligations, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each Borrower the Borrowers shall, to the extent permitted by applicable law, 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 Notes 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 Notes 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 NotesObligations 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 NotesObligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrowers.

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 laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes equals the amount of interest which would have been paid or accrued on the 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 Notes, the total amount of interest paid or accrued under the terms of this Agreement and the 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 each Borrower the Borrowers shall, to the extent permitted by applicable law, 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 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 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 the 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 Notes, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrowers.

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 laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes 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 Notes Revolving Advances and Swing Line Advances equals the amount of interest which would have been paid or accrued on the Notes 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 NotesRevolving Advances and the Swing Line Advances, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each Borrower the Borrowers shall, to the extent permitted by applicable law, 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 Notes 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 Notes 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 NotesRevolving 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 NotesRevolving 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 Borrowers.

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 laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes 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 Notes Revolving Advances and Bridge Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesRevolving Advances and the Bridge Loans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each Borrower the Borrowers shall, to the extent permitted by applicable law, 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 Notes 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 Notes 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 NotesRevolving 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 NotesRevolving 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 Borrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or the Notes 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 Notes Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Obligations equals the amount of interest which would have been paid or accrued on the Notes 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 NotesObligations, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable lawLegal Requirement, 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 Notes 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 Notes 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 NotesObligations 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 NotesObligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower.

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 lawsLegal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Advances equals the amount of interest which would have been paid or accrued on the Notes 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 NotesAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each Borrower shall, to the extent permitted by applicable lawLegal 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 Notes Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesAdvances. 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 NotesAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall promptly be paid to the Borrowersapplicable Borrower and such Revolving Credit Lenders shall provide the applicable 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 the Notes any other Loan 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 Highest Lawful Rate, the unpaid principal amount of the Notes Loans shall bear interest at the Maximum Highest Lawful Rate until the total amount of interest paid or accrued on the Notes Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each Borrower the Borrowers shall, to the extent permitted by applicable lawApplicable 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 Notes 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 Notes 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 NotesLoans 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 NotesLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or the Notes 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 Notes Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Obligations equals the amount of interest which would have been paid or accrued on the Notes 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 NotesObligations, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable law, 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 Notes 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 Notes 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 NotesObligations 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 NotesObligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower.

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 laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Advances equals the amount of interest which would have been paid or accrued on the Notes 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 NotesAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable law, 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 Notes Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesAdvances. 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 NotesAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower. 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 (i) If, with respect to any Lender, the event the effective rate of interest chargeable contracted for under this Agreement or the Notes 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 laws, including fees and margin amounts, if applicable) is greater than exceeds the Maximum Rate, then the unpaid outstanding principal amount of the Notes 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 Notes equals the amount of interest amounts which would have been paid or accrued on the Notes 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 Notes, the total amount of interest paid or accrued under the terms of this Agreement and the 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, amounts that were due at all times, been in effect, then each Borrower shall, to the extent permitted by applicable law, 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 Notes 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 Notes 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 Notes. 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 extent necessary to recapture the Lost Interest not recaptured pursuant to the preceding sentence and, to the extent allowed by law, the Borrower shall pay to such Lender the amount of the principal balance of the NotesLost 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, and if no such principal is then outstandingIT IS THE INTENTION OF EACH LENDER AND THE BORROWER TO CONFORM STRICTLY TO ANY APPLICABLE USURY LAWS. ACCORDINGLY, such excess or part thereof remaining shall be paid to the BorrowersIF 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 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 laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Term Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Term Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesTerm Loans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable law, 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 Notes 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 Notes 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 NotesTerm 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 NotesTerm Loans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower.

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 lawsLegal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Advances equals the amount of interest which would have been paid or accrued on the Notes 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 NotesAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each Borrower shall, to the extent permitted by applicable lawLegal 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 Notes Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesAdvances. 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 NotesAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall promptly be paid to the Borrowersapplicable Borrower and such Lenders shall provide the applicable 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 the Notes at any time (calculated after giving effect affect to all items charged which constitute "“interest" ” under applicable lawsLegal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Advances equals the amount of interest which would have been paid or accrued on the Notes 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 NotesAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable lawLegal 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 Notes Advances if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesAdvances. 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 NotesAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower. 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 lawsLegal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable lawLegal 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 Notes Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesLoans. 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 NotesLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower. 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 affect to all items charged which constitute "“interest" ” under applicable lawsLegal Requirements, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable lawLegal 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 Notes Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesLoans. 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 NotesLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower. 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 laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes equals the amount of interest which would have been paid or accrued on the 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 Notes, the total amount of interest paid or accrued under the terms of this Agreement and the 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 each the Borrower shall, to the extent permitted by applicable law, 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 Notes if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its 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 Notes. 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 Notes, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower.

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 or the Notes 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, then the unpaid principal amount of the Notes Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Advances equals the amount of interest which would have been paid or accrued on the Notes 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 NotesAdvances, the total amount of interest paid or accrued under the terms of this Agreement and on the Notes 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 each Borrower the Borrowers shall, to the extent permitted by applicable law, 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 Notes 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 Notes 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 Notesthe 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 NotesAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrowers.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or the Notes 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 Notes Obligations shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Obligations equals the amount of interest which would have been paid or accrued on the Notes 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 NotesObligations, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable law, 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 Notes 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 Notes 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 NotesObligations 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 NotesObligations, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower.

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 laws, including fees and margin amounts, if applicable) is greater than the Maximum Rate, the unpaid principal amount of the Notes Loans shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Loans equals the amount of interest which would have been paid or accrued on the Notes 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 NotesLoans, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the Borrower shall, to the extent permitted by applicable law, 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 Notes Loans if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued on its Notes 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 NotesLoans. 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 NotesLoans, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the BorrowersBorrower.

Usury Recapture. In the event the rate of interest chargeable under this Agreement or the Notes 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 Notes Advances shall bear interest at the Maximum Rate until the total amount of interest paid or accrued on the Notes Advances equals the amount of interest which would have been paid or accrued on the Notes 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 NotesAdvances, the total amount of interest paid or accrued under the terms of this Agreement and the Notes 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 each the applicable Borrower shall, to the extent permitted by applicable lawLegal Requirement, 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 Notes 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 Notes 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 NotesAdvances 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 NotesAdvances, and if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrowersapplicable Borrower.