Common use of Usury Savings Clause Applies Clause in Contracts

Usury Savings Clause Applies. Borrower agrees that Lender has provided, and shall provide, separate and distinct consideration for the fees and expenses described in the Loan Documents, and that such fees and expenses are necessary, bona fide fees and expenses incurred in connection with the Loan. Borrower further agrees that such fees and expenses are not, are not intended to be, and shall not be characterized as, interest or as compensation for the use, forbearance or detention of money. Despite the foregoing and notwithstanding anything else in this Agreement and the other Loan Documents to the contrary, if any such fees or expenses are determined to constitute interest and such fees or expenses, and when such fees and expenses are added to the interest charged hereunder and any other items determined to constitute interest, it would cause the aggregate interest charged hereunder to exceed the Highest Lawful Rate, then Section 13 of this Agreement shall automatically apply to reduce the interest charged hereunder (taking into account all items determined to constitute interest) so as not to exceed the Highest Lawful Rate.

Usury Savings Clause Applies. Borrower Xxxxxxxx agrees that Lender Xxxxxx has provided, and shall provide, separate and distinct consideration for the fees and expenses described in the Loan Documents, Section 5(a) above and elsewhere in this Note and/or that such fees and expenses are necessary, represent bona fide fees and expenses incurred in connection with the Loanby Xxxxxx. Borrower and Xxxxxx further agrees agree that such fees and expenses are not, are not intended to be, and shall not be characterized as, interest or as compensation for the use, forbearance or detention of money. Despite the foregoing and notwithstanding anything else in this Agreement Note and the other Loan Documents to the contrary, if any such fees or expenses charged or chargeable to Borrower hereunder are determined to constitute interest and such fees or expenses, and when such fees and expenses are added to the interest charged hereunder and any other items determined to constitute interesthereunder, it would cause the aggregate interest charged hereunder to exceed the Highest Lawful Rate, then Section 13 of this Agreement Note shall automatically apply to reduce the interest charged hereunder (taking into account all items determined to constitute interest) so as not to exceed the Highest Lawful Rate.

Usury Savings Clause Applies. Borrower agrees that Lender has provided, and shall provide, separate and distinct consideration for the fees and expenses described in Section 2(a) above and elsewhere in the Loan Documents, and that such fees and expenses are necessary, bona fide fees and expenses incurred in connection with the Loan. Borrower further agrees that such fees and expenses are not, are not intended to be, and shall not be characterized as, interest or as compensation for the use, forbearance or detention of money. Despite the foregoing and notwithstanding anything else in this Agreement and the other Loan Documents to the contrary, if any such fees or expenses are determined to constitute interest and such fees or expensesinterest, and when such fees and expenses are added to the interest charged hereunder and any other items determined to constitute interest, it would cause the aggregate interest charged hereunder to exceed the Highest Lawful Rate, then Section 13 of this Agreement shall automatically apply to reduce the interest charged hereunder (taking into account all items determined to constitute interest) so as not to exceed the Highest Lawful Rate.

Usury Savings Clause Applies. Borrower agrees that Lender has provided, and shall provide, separate and distinct consideration for the fees and expenses described in the Loan Documents, and that such fees and expenses are necessary, bona fide fees and expenses incurred in connection with the Loan. Borrower further agrees that such fees and expenses are not, are not intended to be, and shall not be characterized as, interest or as compensation for the use, forbearance or detention of money. Despite the foregoing and notwithstanding anything else in this Agreement and the other Loan Documents to the contrary, if any such fees or expenses are determined to constitute interest and such fees or expenses, and when such fees and expenses are added to the interest charged hereunder and any other items determined to constitute interest, it would cause the aggregate interest charged hereunder to exceed the Highest Lawful Rate, then Section 13 of this Agreement shall automatically apply to reduce the interest charged hereunder (taking into account all items determined to constitute interest) so as not to exceed the Highest Lawful Rate.. Loan Agreement – Xxxxxx Xxxxx 0X, Xxxxxx Xxxxxx, Texas 11

Usury Savings Clause Applies. Borrower agrees that Lender has provided, and shall provide, separate and distinct consideration for the fees and expenses described in the Loan Documents, and that such fees and expenses are necessary, bona fide fees and expenses incurred in connection with the Loan. Borrower further agrees that such fees and expenses are not, are not intended to be, and shall not be characterized as, interest or as compensation for the use, forbearance or detention of money. Despite the foregoing and notwithstanding anything else in this Agreement and the other Loan Documents to the contrary, if any such fees or expenses are determined to constitute interest and such fees or expenses, and when such fees and expenses are added to the interest charged hereunder and any other items determined to constitute interest, it would cause the aggregate interest charged hereunder to exceed the Highest Lawful Rate, then Section 13 of this Agreement shall automatically apply to reduce the interest charged hereunder (taking into account all items determined to constitute interest) so as not to exceed the Highest Lawful Rate.. Loan Agreement – Fxxxxx Xxxxx 0X, Xxxxxx Xxxxxx, Texas 11