Common use of Usury Savings Clause Clause in Contracts

Usury Savings Clause. All agreements between the Maker and the Payee are hereby expressly limited to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements It is the intention of the Borrower, the Administrative Agent and the Lenders to conform strictly to the usury and similar laws relating to interest from time to time in force, and all Loan Documents between the Maker Borrower, the Administrative Agent and the Payee Lenders, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby hereof or otherwise, shall the amount paid or agreed to be paid in the aggregate to the Payee for Lenders as interest (whether or not designated as interest, and including any amount otherwise designated by or deemed to constitute interest by a court of competent jurisdiction) hereunder or under the useother Loan Documents or in any other agreement given to secure the Loans, forbearance or detention of in any other document evidencing, securing or pertaining to the indebtedness evidenced hereby Loans, exceed the maximum amount which (the Payee is permitted to receive “Maximum Rate”) permissible under applicable lawApplicable Laws. If, from If under any circumstances whatsoever, whatsoever fulfillment of any provision hereof hereof, of this Agreement or of the other Loan Agreement or any Loan Document thereunderDocuments, at the time performance of such provision provisions shall be due, shall involve transcending exceeding the limit of validity prescribed by lawMaximum Rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit Maximum Rate. For purposes of such validity, and if from any circumstance calculating the Payee shall ever receive as interest an actual amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable lawpaid and/or payable hereunder in respect of laws pertaining to usury or such other laws, all sums paid or agreed to be paid to the Lenders for the use, forbearance or detention of the indebtedness Loans evidenced hereby, outstanding from time to time shall, to the extent permitted by this Note shall Applicable Law, be amortized, proratedpro-rated, allocated and spread throughout from the full term date of such indebtedness disbursement of the proceeds of the Notes until payment in fullfull of all of such indebtedness, to the end so that the actual rate or amount of interest on account of such indebtedness does not Loans is uniform through the term hereof. If under any circumstances any Lender shall ever receive an amount which would exceed the Maximum Rate, such amount shall be deemed a payment in reduction of the principal amount of the applicable Loans and shall be treated as a voluntary prepayment under this Agreement (without prepayment penalty or premium) and shall be so applied in accordance with the provisions of this Agreement, or if such excessive interest exceeds the outstanding amount of the applicable Loans and any applicable usury ceiling. As used hereinother Obligations, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note excess shall be governed deemed to have been a payment made by such new law as of its effective date. This provision mistake and shall control every other provision of all agreements between be refunded to the Maker and the PayeeBorrower.

Usury Savings Clause. All The provisions of this Note and of all -------------------- agreements between the Maker and the Payee are Holder are, whether now existing or hereinafter made, hereby expressly limited to provide so that in no contingency or event whatsoeverwhatever, whether by reason of acceleration of the maturity of the indebtedness evidenced hereby hereof, prepayment, demand for payment or otherwise, shall the amount paid paid, or agreed to be paid paid, to the Payee Holder for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby principal hereof or interest hereon, which remains unpaid from time to time, exceed the maximum amount which the Payee is permitted to receive permissible under applicable law, it particularly being the intention of the parties hereto to conform strictly to the laws of the State and Federal law, whichever is applicable. If, If from any circumstances whatsoevercircumstance whatever, the performance or fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunderother agreement between Maker and Holder shall, at the time performance or fulfillment of such provision shall be is due, shall involve transcending or purport to require any payment in excess of the limit of validity limits prescribed by law, then, ipso facto, then the obligation to be performed or fulfilled shall automatically be is hereby reduced to the limit of such validity, and if from any circumstance the Payee shall whatever Holder should ever receive as interest an amount which would exceed the highest lawful rate, such the amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the (without prepayment premium or other penalty) owing hereunder (or, at Xxxxxx's option, be paid over to Maker’s Obligations () and shall not be counted as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunderinterest. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention determination of the indebtedness evidenced legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of this Note, all interest at any time contracted for, charged, or received from Maker in connection with this Note shall be amortizedand all other agreements between Maker and Holder, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end so that the actual rate or amount of interest on account of such the indebtedness does not exceed any applicable usury ceiling. As used herein, represented by this Note is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between Notwithstanding any other provision of this Agreement, it is the Maker intention of the parties hereto to conform strictly to Applicable Usury Laws, in each case to the extent they are applicable to this Agreement. Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious under any Applicable Usury Laws, then, in that event, it is agreed as follows: (i) the provisions of this Section 13.20 shall govern and control; (ii) the aggregate of all interest under Applicable Usury Laws that is contracted for, charged or received under this Agreement shall under no circumstances exceed the Maximum Amount, and any excess shall be promptly refunded to the payor by the recipient hereof; (iii) no Person shall be obligated to pay the amount of such interest to the extent that it is in excess of the Maximum Amount; and (iv) the effective rate of any interest payable under this Agreement shall be ipso facto reduced to the Highest Lawful Rate, as hereinafter defined, and the Payee are hereby expressly limited to provide that in no contingency or event whatsoeverprovisions of this Agreement immediately shall be deemed reformed, whether by reason of acceleration of maturity without the necessity of the indebtedness evidenced hereby execution of any new document or otherwiseinstrument, shall the amount paid so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid paid, to the Payee any person pursuant to this Agreement for the use, forbearance or detention of the any indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. Ifarising hereunder shall, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the fullest extent permitted by applicable lawthe Applicable Usury Laws, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, proratedpro rated, allocated and spread throughout the full term of any such indebtedness until payment in full, to the end so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law Highest Lawful Rate in effect as of at any particular time during the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeefull term thereof.

Usury Savings Clause. All agreements between It is expressly stipulated and agreed to be the Maker intent of Mortgagee and Mortgagor at all times to comply with the Payee are hereby expressly limited applicable law governing the highest lawful interest rate. If the applicable law is ever judicially interpreted so as to provide that in no contingency render usurious any amount called for under the Note or event whatsoeverunder any of the other Loan Documents, whether by reason of or contracted for, charged, taken, reserved or received with respect to the loan evidenced thereby, or if acceleration of the maturity of the indebtedness evidenced hereby Note, any prepayment by Mortgagor, or otherwiseany other circumstance whatsoever, shall results in Mortgagor having paid any interest in excess of that permitted by applicable law, then it is the express intent of Mortgagor and Mortgagee that all excess amounts theretofore collected by Mortgagee be credited on the principal balance of the Note (or, at Mortgagee’s option, paid over to Mortgagor), and the provisions of the Note and other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Mortgagee does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to the Payee Mortgagee for the use, forbearance or detention of the indebtedness Secured Obligations evidenced hereby exceed or by the maximum amount which the Payee is permitted Note shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness Secured Obligations until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness Secured Obligations does not exceed any the maximum rate or amount of interest permitted under applicable usury ceilinglaw. As used herein, the The term “applicable law” as used herein shall mean any federal or state law applicable to the law in effect as of loan made by Mortgagee to Mortgagor evidenced by the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeNote.

Usury Savings Clause. All agreements between Notwithstanding anything to the Maker and contrary in this Amendment, the Payee are hereby expressly limited to provide that Notes or any other Loan Document, or in no contingency any other agreement entered into in connection with the Notes or event whatsoeversecuring the indebtedness evidenced by the Notes, whether now existing or hereafter arising and whether written or oral, it is agreed that the aggregate of all interest and other charges constituting interest, or adjudicated as constituting interest, and contracted for, chargeable or receivable under the Notes or otherwise in connection with the Notes shall under no circumstances exceed the maximum rate of interest permitted by applicable law. In the event the maturity of the Notes is accelerated by reason of acceleration of maturity an election by any of the indebtedness evidenced hereby holders thereof resulting from a default thereunder or under any other document executed as security therefor or in connection therewith, or by voluntary prepayment by the maker, or otherwise, then earned interest may never include more than the maximum rate of interest permitted by applicable law. If from any circumstance any holder of any of the Notes shall ever receive interest or any other charges constituting interest, or adjudicated as constituting interest, the amount, if any, which would exceed the maximum rate of interest permitted by applicable law shall be applied to the reduction of the principal amount owing on such Notes or on account of any other principal indebtedness of the maker to the holders of such Notes, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal thereof and such other indebtedness, the amount of such excessive interest that exceeds the unpaid balance of principal thereof and such other indebtedness shall be refunded to the maker. All sums paid or agreed to be paid to the Payee holders of the Notes for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at maker to the time performance holders of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note Notes shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to full for the end that purpose of determining the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeethereof.

Usury Savings Clause. All Notwithstanding anything to the contrary contained elsewhere in this Agreement, Borrower and Lender hereby agree that all agreements between them with respect to the Maker and Loan, including but not limited to the Payee Loan Documents, whether now existing or hereafter arising are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid paid, or agreed to be paid paid, to the Payee Lender for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby money loaned to Borrower, or for the performance or payment of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive rate of interest under applicable lawlaw (the “Maximum Rate”). If, If from any circumstances circumstance whatsoever, fulfillment of any provision hereof provisions of this Agreement or of the Loan Agreement or any Loan Document thereunder, Documents at the time performance of such provision provisions shall be due, shall due would involve transcending the limit of validity prescribed by law, then, ipso factoautomatically, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall Lender should ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any amount owing with respect to the Loan or on account of the Maker’s Obligations (as such term is defined in other indebtedness secured by the Loan Agreement) to the Payee, Documents or Borrower’s Loan Documents and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid principal balance of the Loan and such other indebtedness, such excess shall be refunded to Borrower. To the extent permitted by applicable law, all All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan and other indebtedness evidenced of Borrower to Lender shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of all such indebtedness is uniform throughout the actual term of the Loan and does not exceed any applicable usury ceiling. As used herein, the Maximum Rate throughout the entire term “applicable law” shall mean the law in effect as of the date hereofLoan, provided, however, that in the event there is a change in the law which results in a higher permissible rate as appropriate. The terms and provisions of interest, then this Note shall be governed by such new law as of its effective date. This provision Section 12 shall control every other provision of this Agreement and all other agreements between the Maker Borrower and the PayeeLender.

Usury Savings Clause. All The provisions of this Note and of all agreements between the Maker and the Payee are Holder are, whether now existing or hereinafter made, hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of the maturity of the indebtedness evidenced hereby hereof, prepayment, demand for payment or otherwise, shall the amount paid paid, or agreed to be paid paid, to the Payee Holder for the use, forbearance or detention of the indebtedness evidenced hereby principal hereof or interest hereon, which remains unpaid from time to time, exceed the maximum amount which the Payee is permitted to receive permissible under applicable law. IfIn particular, from it is the intention of the parties hereto to conform strictly to Connecticut and Federal law, whichever is applicable. If as a result of any circumstances circumstance whatsoever, the performance or fulfillment of any provision hereof or of any other agreement between Maker and Holder pertaining to the Loan Agreement or any Loan Document thereundersubject matter hereof shall, at the time performance or fulfillment of such provision shall be is due, shall involve transcending or purport to require any payment in excess of the limit of validity limits then prescribed by applicable law, then, ipso facto, then the obligation to be performed or fulfilled shall automatically hereby be reduced to the such limit of as to be valid under such validityapplicable law, and if from as a result of any circumstance the Payee shall ever whatsoever, Holder should receive as interest under this Note an amount which would exceed the then highest lawful rate, the amount by which such amount which interest payment would be excessive interest exceed such highest lawful rate shall be applied to the reduction of the principal balance of any of the owing hereunder without prepayment or penalty (or, at Holder’s option, be paid to Maker’s Obligations () and in no event shall be counted as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunderinterest. To the fullest extent permitted by then applicable law, all sums paid or agreed to be paid for the use, forbearance or detention determination of the indebtedness evidenced legal maximum amount of interest shall at any and all times be made by amortizing, prorating, allocating and spreading in equal parts over the period of the full stated term of this Note, all interest at any time contracted for, charged or received from Maker in connection with this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, all other agreements between Maker and Holder pertaining to the end subject matter hereof, so that the actual rate or amount of interest on account of such the indebtedness does not exceed any applicable usury ceiling. As used herein, represented by this Note is uniform throughout the term “hereof and complies with all applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between The provisions of this Section 3 shall govern and control over any inconsistent provision contained in this Note. The Payee hereof shall never be entitled to receive, collect, or apply as interest hereon (for purposes of this Section 3, the Maker word "interest" shall be deemed to include Basic Interest, Additional Interest and any other sums treated as interest under applicable law governing matters of usury and unlawful interest), any amount in excess of the Highest Lawful Rate (hereinafter defined) and, in the event the Payee are hereby expressly limited to provide that in no contingency ever receives, collects, or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive applies as interest an amount which would exceed the highest lawful rateany such excess, such amount which would be excessive interest shall be applied deemed a partial prepayment of principal and shall be treated hereunder as such; and, if the principal of this Note is paid in full, any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable, under any specific contingency, exceeds the Highest Lawful Rate, Maker and the Payee shall, to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the maximum extent permitted by under applicable law, all sums paid (i) characterize any nonprincipal payment as an expense, fee, or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention and (iii) spread the total amount of interest throughout the indebtedness evidenced by entire contemplated term of this Note; provided, that if this Note shall be amortized, prorated, allocated is paid and spread throughout the performed in full term of such indebtedness until payment in full, prior to the end that of the rate or full contemplated term hereof, and if the interest received for the actual period of existence hereof exceeds the Highest Lawful Rate, the Payee shall refund to Maker the amount of interest on account such excess or credit the amount of such indebtedness does not exceed any applicable usury ceiling. As used hereinexcess against the principal of this Note, and, in such event, the term “applicable law” Payee shall mean the law not be subject to any penalties provided by any laws for contracting for, charging, or receiving interest in effect as excess of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeHighest Lawful Rate.

Usury Savings Clause. All agreements between It is the Maker intent of AmeriCann and WGP in the Payee are hereby expressly limited making to provide contract in strict compliance with applicable usury laws. In the furtherance thereof, AmeriCann and WGP stipulate and agree that in no contingency or event whatsoever, whether by reason of acceleration of maturity none of the indebtedness evidenced hereby terms and provisions contained herein, or otherwisein any note or security agreement, or in any other instrument executed in connection herewith, shall the amount paid or agreed ever be construed to be paid create a contract to the Payee pay for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby exceed money, interest at a rate in excess of the maximum amount which the Payee is interest rate permitted to receive be charged by applicable law; that neither WGP nor any guarantor, endorser, or other party now or hereafter becoming liable for payment of any obligations to AmeriCann shall ever be required to pay interest on the Loan or required by the Security Documents at a rate in excess of the maximum interest that may be lawfully charged under applicable law, and the provisions of this Section shall control over all other provisions of this Agreement, the Security Documents, and any other instruments now or hereafter executed in connection herewith which may be in apparent conflict herewith. If, from AmeriCann expressly disavows any circumstances whatsoever, fulfillment of any provision hereof intention to charge or collect excessive or unearned interest or finance charges in the event that maturity of the Loan Agreement or any is accelerated. If the maturity of the Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending accelerated for any reason or if the limit principal of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced Loan obligations are paid prior to the limit end of such validitythe term, and if from any circumstance as a result thereof the Payee shall ever receive as interest an amount which would exceed received for the highest actual period of existence of the Loan obligations exceeds the applicable maximum lawful rate, AmeriCann shall, at its option, either refund to WGP the amount of such excess or credit the amount which would be excessive interest shall be applied to the reduction of such excess against the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreementthen outstanding (without prepayment premium or similar charge) and thereby shall render inapplicable any and all penalties of any kind provided by applicable law as a result of such excess interest. In the event that AmeriCann shall contract for, charge, or receive any amount or amounts which are deemed to constitute interest which would increase the Payee, and not effective interest rate on the obligations evidenced by the Notes to the payment a rate in excess of interest hereunder. To the extent that permitted to be charged by applicable law, all sums paid such amounts deemed to constitute interest in excess of the lawful rate shall, upon such determination, at the option of AmeriCann, be either immediately returned to WGP or agreed credited against the principal balance of the amounts then outstanding (without prepayment premium or similar charge), in which event any and all penalties of any kind under applicable law as a result of such excess interest shall be inapplicable. By execution of this Agreement, WGP acknowledges that it believes the obligations to be paid for non-usurious, and agrees that if, at any time, WGP should have reason to believe that the useLoan obligations are in fact usurious, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term it will give AmeriCann notice of such indebtedness until payment condition, and WGP agrees that AmeriCann shall have ninety (90) days in full, which to the end that the rate make appropriate refund or amount of interest on account of other adjustment in order to correct such indebtedness does not exceed any applicable usury ceilingcondition if in fact such exists. As used herein, the The term “applicable law” as used in this Section shall mean the law in effect as laws of the date hereofState of Illinois or the laws of the United States, provided, however, that in whichever laws allow the event there is a change in the law which results in a higher permissible greater rate of interest, then this Note shall as such laws now exist or may be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between changed or amended or come into effect in the Maker and the Payeefuture.

Usury Savings Clause. All agreements between It is the Maker intention of Borrower, Administrative Agent and the Payee Lenders to conform strictly to the usury and similar laws relating to interest payable on loans from time to time in force, and all Loan Documents between Borrower, Administrative Agent and the Lenders, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby hereof or otherwise, shall the amount paid or agreed to be paid in the aggregate to the Payee for Lenders as interest (whether or not designated as interest, and including any amount otherwise designated by or deemed to constitute interest by a court of competent jurisdiction) hereunder or under the useother Loan Documents or in any other agreement given to secure the Loans, forbearance or detention of in any other document evidencing, securing or pertaining to the indebtedness evidenced hereby Loans, exceed the maximum amount which (the Payee is permitted to receive "Maximum Rate") permissible under applicable lawApplicable Laws. If, from If under any circumstances whatsoever, whatsoever fulfillment of any provision hereof hereof, of this Agreement or of the other Loan Agreement or any Loan Document thereunderDocuments, at the time performance of such provision provisions shall be due, shall involve transcending exceeding the limit of validity prescribed by lawMaximum Rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit Maximum Rate. For purposes of such validity, and if from any circumstance calculating the Payee shall ever receive as interest an actual amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable lawpaid and/or payable hereunder in respect of laws pertaining to usury or such other laws, all sums paid or agreed to be paid to the Lenders for the use, forbearance or detention of the indebtedness Loans evidenced hereby, outstanding from time to time shall, to the extent permitted by this Note shall Applicable Law, be amortized, proratedpro-rated, allocated and spread throughout from the full term date of such indebtedness disbursement of the proceeds of the Notes until payment in fullfull of all of such indebtedness, to the end so that the actual rate or amount of interest on account of such indebtedness does not Loans is uniform through the term hereof. If under any circumstances any Lender shall ever receive an amount which would exceed the Maximum Rate, such amount shall be deemed a payment in reduction of the principal amount of the applicable Loans and shall be treated as a voluntary prepayment under this Agreement and shall be so applied in accordance with the provisions of this Agreement, or if such excessive interest exceeds the outstanding amount of the applicable Loans and any applicable usury ceiling. As used hereinother Obligations, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note excess shall be governed deemed to have been a payment made by such new law as of its effective date. This provision mistake and shall control every other provision of all agreements between the Maker and the Payeebe refunded to Borrower.

Usury Savings Clause. All agreements between the Maker and the Payee are hereby expressly limited to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of If any provision hereof or of the Loan this Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations other Credit Documents would obligate the Borrower to make any payment of interest (as such term is defined construed under the Criminal Code (Canada)) payable to any Agent or any Lender in an amount or calculated at a rate which would result in a receipt by such Agent or Lender of interest in excess of the Loan Agreement) Highest Lawful Rate, then notwithstanding such provisions, such amount or rate shall be deemed to have been adjusted with retroactive effect to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid maximum amount or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note as the case may be, as would not so result in a receipt by such Agent or such Lender of interest at a rate in excess of the Highest Lawful Rate, such adjustment to be effected, to the extent necessary, as follows: (1) firstly, by reducing the amount or rate of interest required to be paid to such Agent or such Lender under Section 2.6, and (2) thereafter, by reducing any fees, commissions, premiums and other amounts required to be paid to such Agent or such Lender which would constitute “interest” for purposes of determining the Highest Lawful Rate. Notwithstanding the foregoing, it is the intention of Lenders and the Borrower to conform strictly to any applicable usury laws, and after giving effect to all adjustments contemplated in the preceding sentence, if an Agent or Lender shall have received an amount in excess of the maximum permitted by application of the Highest Lawful Rate, the Borrower shall be governed entitled, by notice in writing to such Agent or such Lender, to obtain reimbursement from such Agent or such Lender in an amount equal to such excess and, pending such reimbursement, such amount shall be deemed to be an amount payable by such new law Agent or such Lender to the Borrower. Any amount or rate of interest referred to in this Section 9.19 shall be determined in accordance with GAAP as an effective annual rate of its effective date. This provision interest over the term that the Loans remains outstanding on the assumption that any charges, fees or expenses that fall within the meaning of “interest” for the purposes of determining the Highest Lawful Rate shall, if they relate to a specific period of time, be pro-rated over that period of time and otherwise be pro-rated over the period from the Initial Credit Date to the Maturity Date and, in the event of a dispute, a certificate of an actuary appointed by the Administrative Agent shall control every other provision be conclusive for the purposes of all agreements between the Maker and the Payeesuch determination absent manifest error.

Usury Savings Clause. All agreements between the Maker and the Payee holder hereof whether now existing or hereafter arising and whether written or oral are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of the maturity of the indebtedness evidenced hereby hereof or otherwise, shall the amount paid paid, or agreed to be paid paid, to the Payee holder hereof for the use, forbearance forbearance, or detention of the money to be loaned hereunder or otherwise or for the payment or performance of any covenant or obligations contained herein or in any document evidencing, securing or pertaining to the indebtedness evidenced hereby hereby, exceed the maximum amount which the Payee is permitted to receive permissible under applicable law. If, If from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, other document at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any such circumstance the Payee shall holder hereof should ever receive as interest an amount deemed interest by applicable law which would shall exceed the highest lawful rate, such amount which would be excessive interest shall be characterized as an expense, rather than as interest, or be applied to the reduction of the principal balance amount owing hereunder or on account of any other principal indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) undersigned to the Payeeholder hereof, and not to the payment of interest hereunderor if such excessive payment cannot be characterized as an expense, and exceeds the unpaid balance of principal hereof and such other indebtedness, the excess shall be refunded to Maker. To the extent permitted by applicable law, all All sums paid or agreed to be paid by the undersigned for the use, forbearance or detention of the indebtedness evidenced of the undersigned to the holder hereof shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount . The terms and provisions of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision paragraph shall control and supersede every other provision of all agreements between the Maker undersigned and the Payeeholder hereof.

Usury Savings Clause. All agreements between Notwithstanding any other provision of this Agreement, it is the Maker intention of the parties hereto to conform strictly to applicable usury laws regarding the use, forbearance or detention of any indebtedness arising under this Agreement whether such laws are now or hereafter in effect, including the laws of the United States of America or any other jurisdiction whose laws are applicable, and including any subsequent revisions to or judicial interpretations of those laws, in each case to the extent they are applicable to this Agreement (the "Applicable Usury Laws"). Accordingly, if any payments made pursuant to this Agreement result in any person having paid any interest in excess of the Maximum Amount, as hereinafter defined, or if any transaction contemplated hereby would otherwise be usurious under any Applicable Usury Laws, then, in that event, it is agreed as follows: (i) the provisions of this Section 12.11. shall govern and control; (ii) the aggregate of all interest under Applicable Usury Laws that is contracted for, charged or received under this Agreement shall under no circumstances exceed the Maximum Amount, and any excess shall be promptly refunded to the payor by the recipient hereof; (iii) no person shall be obligated to pay the amount of such interest to the extent that it is in excess of the Maximum Amount; and (iv) the effective rate of any interest payable under this Agreement shall be ipso facto reduced to the Highest Lawful Rate, as hereinafter defined, and the Payee are hereby expressly limited to provide that in no contingency or event whatsoeverprovisions of this Agreement immediately shall be deemed reformed, whether by reason of acceleration of maturity without the necessity of the indebtedness evidenced hereby execution of any new document or otherwiseinstrument, shall the amount paid so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid paid, to the Payee any person pursuant to this Agreement for the use, forbearance or detention of the any indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. Ifarising hereunder shall, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the fullest extent permitted by applicable lawthe Applicable Usury Laws, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, proratedpro rated, allocated and spread throughout the full term of any such indebtedness until payment in full, to the end so that the actual rate or amount of interest on account of such indebtedness does not exceed the Highest Lawful Rate in effect at any applicable usury ceilingparticular time during the full term thereof. As used herein, the term “applicable law” shall mean "Maximum Amount" means the law maximum nonusurious amount of interest that may be lawfully contracted for, charged or received by any person in effect as of connection with any indebtedness arising under this Agreement under all Applicable Usury Laws, and the date hereof, provided, however, that in term "Highest Lawful Rate" means the event there is a change in the law which results in a higher permissible maximum rate of interest, then if any, that may be charged to any person under all Applicable Usury Laws on any principal balance from time to time outstanding pursuant to this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeAgreement.

Usury Savings Clause. All agreements between the Maker and the Payee are hereby expressly limited to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s 's Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “"applicable law” " shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between It is expressly stipulated and agreed to be the Maker intent of Mortgagee and Mortgagor at all times to comply with the Payee are hereby expressly limited applicable law governing the highest lawful interest rate. If the applicable law is ever judicially interpreted so as to provide that in no contingency render usurious any amount called for under the Note or event whatsoeverunder any of the other Loan Documents, whether by reason of or contracted for, charged, taken, reserved or received with respect to the Loan, or if acceleration of the maturity of the indebtedness evidenced hereby Note, any prepayment by Mortgagor, or otherwiseany other circumstance whatsoever, shall results in Mortgagor having paid any interest in excess of that permitted by applicable law, then it is the express intent of Mortgagor and Mortgagee that all excess amounts theretofore collected by Mortgagee be credited on the principal balance of the Note (or, at Mortgagee’s option, paid over to Mortgagor), and the provisions of the Note and other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Mortgagee does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to the Payee Mortgagee for the use, forbearance or detention of the indebtedness Secured Obligations evidenced hereby exceed or by the maximum amount which the Payee is permitted Note shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness Secured Obligations until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness Secured Obligations does not exceed any the maximum rate or amount of interest permitted under applicable usury ceilinglaw. As used herein, the The term “applicable law” as used herein shall mean any federal or state law applicable to the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeLoan.

Usury Savings Clause. All agreements between Notwithstanding anything to the Maker and -------------------- contrary in this Amendment, the Payee are hereby expressly limited to provide that Amended Notes or any other Loan Document, or in no contingency any other agreement entered into in connection with the Amended Notes or event whatsoeversecuring the indebtedness evidenced by the Amended Notes, whether now existing or hereafter arising and whether written or oral, it is agreed that the aggregate of all interest and other charges constituting interest, or adjudicated as constituting interest, and contracted for, chargeable or receivable under the Amended Notes or otherwise in connection with the Amended Notes shall under no circumstances exceed the maximum rate of interest permitted by applicable law. In the event the maturity of the Amended Notes is accelerated by reason of acceleration of maturity of an election by the indebtedness evidenced hereby holder thereof resulting from a default thereunder or under any other document executed as security therefore or in connection therewith, or by voluntary prepayment by the maker, or otherwise, then earned interest may never include more than the maximum rate of interest permitted by applicable law. If from any circumstance any holder of any of the Amended Notes shall ever receive interest or any other charges constituting interest, or adjudicated as constituting interest, the amount, if any, which would exceed the maximum rate of interest permitted by applicable law shall be applied to the reduction of the principal amount owing on such Amended Notes or on account of any other principal indebtedness of the maker to the holders of such Amended Notes, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal thereof and such other indebtedness, the amount of such excessive interest that exceeds the unpaid balance of principal thereof and such other indebtedness shall be refunded to the maker. All sums paid or agreed to be paid to the Payee holder of the Amended Notes for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at maker to the time performance holder of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note Amended Notes shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to full for the end that purpose of determining the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeethereof.

Usury Savings Clause. All The provisions of this Note and of all agreements between the Maker Borrower and the Payee are Lender are, whether now existing or hereinafter made, hereby expressly limited to provide so that in no contingency or event whatsoeverwhatever, whether by reason of acceleration of the maturity of the indebtedness evidenced hereby hereof, prepayment, demand for payment or otherwise, shall the amount paid paid, or agreed to be paid paid, to the Payee Lender for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby principal hereof or interest hereon, which remains unpaid from time to time, exceed the maximum amount which the Payee is permitted to receive permissible under applicable law, it particularly being the intention of the parties hereto to conform strictly to the laws of the Commonwealth and Federal law, whichever is applicable. If, If from any circumstances whatsoevercircumstance whatever, the performance or fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunderother agreement between Borrower and Lender shall, at the time performance or fulfillment of such provision shall be is due, shall involve transcending or purport to require any payment in excess of the limit of validity limits prescribed by law, then, ipso facto, then the obligation to be performed or fulfilled shall automatically be is hereby reduced to the limit of such validity, and if from any circumstance the Payee shall whatever Lender should ever receive as interest an amount which would exceed the highest lawful rate, such the amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Makerowing hereunder (or, at Xxxxxx’s Obligations (option, be paid over to Borrower) and shall not be counted as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunderinterest. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention determination of the indebtedness evidenced legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of this Note, all interest at any time contracted for, charged, or received from Borrower in connection with this Note shall be amortizedand all other agreements between Borrower and Lender, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end so that the actual rate or amount of interest on account of such the indebtedness does not exceed any applicable usury ceiling. As used herein, represented by this Note is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between (a) It is the Maker intention of the parties hereto to comply with applicable state and federal usury laws (now or hereafter enacted). Accordingly, notwithstanding any provision to the Payee are hereby expressly limited to provide that contrary in this Note, in no contingency event (including prepayment or event whatsoever, whether by reason of acceleration of the maturity of any Obligation) will this Note require the indebtedness evidenced hereby payment or otherwise, shall permit the amount paid or agreed to be paid to the Payee for the use, forbearance or detention collection of the indebtedness evidenced hereby exceed interest in excess of the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, from under any circumstances circumstance whatsoever, fulfillment of any provision hereof of this Note provides for the payment or collection of interest in excess of the Loan Agreement or any Loan Document thereunder, at the time performance of maximum amount permitted by such provision shall be due, shall involve transcending the limit of validity prescribed by lawlaws, then, ipso facto, the obligation Obligation to be fulfilled shall automatically will be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee shall Holder will ever receive anything of value as interest or deemed interest by applicable law under this Note or otherwise an amount which that would exceed the highest lawful ratemaximum amount permitted by such laws, such amount which that would be excessive interest shall will be applied to the reduction of the principal balance amount owing under this Note or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) Borrower to the PayeeHolder, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of this Note and such other indebtedness, such excess will be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to the Holder, under any specified contingency, exceeds the maximum permitted amount, the Borrower and the Holder will, to the maximum extent permitted by applicable law, all sums paid (i) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(iii) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, or (iv) allocate interest between portions of such indebtedness, to the end that the no such portion will bear interest at a rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “greater than that permitted by applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between Notwithstanding any other provision of -------------------- this Agreement, it is the Maker intention of the parties hereto to conform strictly to Applicable Usury Laws, in each case to the extent they are applicable to this Agreement. Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious under any Applicable Usury Laws, then, in that event, it is agreed as follows: (i) the provisions of this Section 13.20 shall govern and control; (ii) the aggregate of ------------- all interest under Applicable Usury Laws that is contracted for, charged or received under this Agreement shall under no circumstances exceed the Maximum Amount, and any excess shall be promptly refunded to the payor by the recipient hereof; (iii) no Person shall be obligated to pay the amount of such interest to the extent that it is in excess of the Maximum Amount; and (iv) the effective rate of any interest payable under this Agreement shall be ipso facto reduced to ---- ----- the Highest Lawful Rate, as hereinafter defined, and the Payee are hereby expressly limited to provide that in no contingency or event whatsoeverprovisions of this Agreement immediately shall be deemed reformed, whether by reason of acceleration of maturity without the necessity of the indebtedness evidenced hereby execution of any new document or otherwiseinstrument, shall the amount paid so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid paid, to the Payee any person pursuant to this Agreement for the use, forbearance or detention of the any indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. Ifarising hereunder shall, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the fullest extent permitted by applicable lawthe Applicable Usury Laws, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, proratedpro rated, allocated and spread throughout the full term of any such indebtedness until payment in full, to the end so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law Highest Lawful Rate in effect as of at any particular time during the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeefull term thereof.

Usury Savings Clause. It is the intention of Xxxxxxxx and Lender to conform strictly to all applicable usury laws now or hereinafter in force. All agreements between in this Agreement and in the Maker and the Payee other Loan Documents are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of advancement or acceleration of maturity of the indebtedness evidenced hereby Obligations, or otherwise, shall the amount paid or agreed to be paid to the Payee hereunder or thereunder for the use, forbearance or detention of money, to the indebtedness evidenced hereby extent that any sums secured by the Security Instrument or by the other Loan Documents shall not be exempt from such laws, exceed the maximum amount which the Payee is highest lawful rate permitted to receive under applicable lawusury laws as now or hereinafter construed by the court having jurisdiction over such matters. If, from any circumstances circumstance whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunderDocuments, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawlaw which a court of competent jurisdiction may deem applicable hereto, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validityvalidity and if, and if from any circumstance the Payee whatsoever, Lender shall ever receive as interest an amount which would exceed the highest lawful rate, the receipt of such amount which would excess shall, at the option of Lender, be excessive interest deemed a mistake and such excess shall be applied rebated to Borrower or, held in trust by Xxxxxx for the reduction benefit of Borrower and shall be credited against the principal amount of the principal balance of any of Obligations to which the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payeesame may lawfully be credited, and any portion of such excess not to the payment capable of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note being so credited shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, rebated to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceilingBorrower. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision The aggregate of all agreements between the Maker and the Payee.interest (whether

Usury Savings Clause. All agreements between the Maker The Borrower and the Payee are hereby expressly limited Lender intend to provide that contract in strict compliance with all applicable usury laws from time to time in effect, and no contingency term or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby provision contained in this Agreement or otherwise, any other document or instrument now or hereafter executed in connection herewith shall the amount paid ever create (or agreed ever be construed to be paid create) a contract to the Payee pay for the use, forbearance or detention of the indebtedness evidenced hereby exceed money with interest at a rate in excess of the maximum amount which nonusurious rate of interest that the Payee Lender is permitted to contract for, charge or receive under applicable lawlaw and as to which the Borrower could not successfully assert a claim or defense of usury (the “Maximum Rate”). IfFor purposes hereof, from any circumstances whatsoever“interest” shall include the aggregate of all charges that constitute interest under applicable law that are contracted for, fulfillment reserved, taken, charged or received under or in connection with this Agreement. If the payment of any provision hereof or amounts due hereunder is accelerated by reason of any election of the Loan Lender resulting from the occurrence of an Event of Default or otherwise, then any consideration constituting interest may never include more than the maximum nonusurious amount permitted by applicable law, and excess interest, if any, provided for in or in connection with this Agreement or any Loan Document thereunder, at shall be canceled automatically as of the time performance date of such provision acceleration, and, if theretofore paid, shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of credited on the principal balance of any due and the balance thereof, if any, refunded to the Borrower. If the Lender shall collect, charge, contract for or receive moneys that are interest and/or are deemed to constitute interest at a rate in excess of the Maker’s Obligations (as Maximum Rate, all such term is defined sums in excess of the Loan Agreement) Maximum Rate shall be immediately credited against the outstanding principal balance, and the balance thereof, if any, returned to the Payee, and not to Borrower upon such determination. All calculations of the payment rate of interest hereunder. To contracted for, charged or received hereunder or otherwise that are made for the purpose of determining whether such rate exceeds the Maximum Rate shall be made, to the extent permitted by applicable lawusury laws, all sums paid or agreed to be paid for by amortizing, prorating and spreading in equal parts during the use, forbearance or detention period of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full stated term of such indebtedness until payment obligation all interest at any time contracted for, charged, collected or received by the Lender in full, to the end that the rate or amount connection herewith. The provisions of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision Section 8.12 shall control every other provision over all provisions of all agreements between the Maker and the Payeethis Agreement that may be in apparent conflict herewith, if any.

Usury Savings Clause. All agreements between It is the Maker intention of parties hereto to comply strictly with applicable laws and the Payee are hereby expressly limited to provide that accordingly, in no event and upon no contingency shall we ever be entitled to receive, collect, or event whatsoeverapply as interest any interest, whether by reason of acceleration of maturity fees, charges or other payments equivalent to interest, in excess of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention maximum rate of the indebtedness evidenced hereby exceed the maximum amount interest which the Payee is permitted to receive we may lawfully charge under applicable lawlaw (the "Maximum Rate"). IfIn the event that we ever receive, from any circumstances whatsoevercollect, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive apply as interest an amount which would exceed the highest lawful rateany such excess, such amount which which, but for this provision, would be excessive interest interest, shall be applied to the reduction of the principal balance owed hereunder; and if said principal balance, and all lawful interest thereon, is paid in full, any remaining excess shall forthwith be paid to you, or other party lawfully entitled thereto. In addition, in the event that we determine that as a result of your volume of Loan Remittances being greater than what either of us anticipated at the time we made this Agreement, our charging the full amount of any of Loan Fee would exceed the Maker’s Obligations (as Maximum Rate, we will give you an early payment discount so that such term is defined Loan Fee does not exceed the Maximum Rate. In determining whether or not the interest or fees paid or payable, under any specific contingency, exceeds the highest rate which we may lawfully charge under applicable law from time to time in effect, the Loan Agreement) parties shall, to the Payeemaximum extent permitted under applicable law, and not characterize any non-principal payment as a reasonable loan charge, rather than as interest. Any provision hereof, or of any other agreement between the parties, that operates to bind, obligate, or compel you to pay interest in excess of such Maximum Rate shall be construed to require the payment of interest hereunderthe Maximum Rate only. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention The provisions of the indebtedness evidenced by this Note section shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed given precedence over any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements contained herein or in any other agreement between the Maker and parties that is in conflict with the Payeeprovisions of this section.

Usury Savings Clause. All agreements between Notwithstanding any other provision of this Agreement, it is the Maker intention of the parties hereto to conform strictly to Applicable Usury Laws, in each case to the extent they are applicable to this Agreement. Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious under any Applicable Usury Laws, then, in that event, it is agreed as follows: (i) the provisions of this Section 13.20 shall govern and control; (ii) the aggregate of all interest under Applicable Usury Laws that is contracted for, charged or received under this Agreement shall under no circumstances exceed the Maximum Amount, and any excess shall be promptly refunded to the payor by the recipient hereof; (iii) no Person shall be obligated to pay the amount of such interest to the extent that it is in excess of the Maximum Amount; and (iv) the effective rate of any interest payable under this Agreement shall be ipsofacto reduced to the Highest Lawful Rate, as hereinafter defined, and the Payee are hereby expressly limited to provide that in no contingency or event whatsoeverprovisions of this Agreement immediately shall be deemed reformed, whether by reason of acceleration of maturity without the necessity of the indebtedness evidenced hereby execution of any new document or otherwiseinstrument, shall the amount paid so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid paid, to the Payee any person pursuant to this Agreement for the use, forbearance or detention of the any indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. Ifarising hereunder shall, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the fullest extent permitted by applicable lawthe Applicable Usury Laws, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, proratedpro rated, allocated and spread throughout the full term of any such indebtedness until payment in full, to the end so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law Highest Lawful Rate in effect as of at any particular time during the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeefull term thereof.

Usury Savings Clause. All agreements between It is the Maker intent of Lender and the Payee are hereby expressly limited Borrower to provide that in no contingency comply at all times with applicable usury laws. If at any time such laws would render usurious any amounts called for under this Note or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations other Loan Documents (as such term is defined in the Loan Agreement) ), then it is Borrower’s and Lender’s express intention that such excess amount be immediately credited on the principal balance of this Note (or, if this Note has been fully paid, refunded by Lender to the PayeeBorrower, and not Borrower shall accept such refund), and the provisions hereof and thereof be immediately deemed to be reformed and the payment amounts thereafter collectible hereunder reduced to comply with the then applicable laws, without the necessity of interest hereunderthe execution of any further documents, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. To the extent permitted by law, any such crediting or refund shall not cure or waive any default by Borrower under this Note or any of the other Loan Documents. If at any time following any such reduction in the interest rate payable by Borrower, there remains unpaid any principal amounts under this Note and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable hereunder shall be readjusted, to the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end so that the rate or total dollar amount of interest on account payable hereunder shall be equal to the dollar amount of such indebtedness does not exceed any interest which would have been paid by Borrower without giving effect to the reduction in interest resulting from compliance with the applicable usury ceilinglaws theretofore in effect. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, providedBorrower agrees, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then determining whether or not any interest payable under this Note or any of the other Loan Documents is usurious, any non-principal payment (except payments specifically stated in this Note or in any other Loan Document to be interest), including, without limitation, prepayment fees and late charges, shall be governed deemed to the extent permitted by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeelaw, to be an expense, fee, premium or penalty rather than interest.

Usury Savings Clause. All agreements between (a) It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, the Notes, any of the other Loan Documents or any other document related hereto or thereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement, the Notes, any of the other Loan Documents or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Lender shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, the Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Notes or on account of any other Obligations of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such Obligations, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any Obligations of the Borrower to the Lender, under any specified contingency, exceeds the Highest Lawful Rate, the Borrower and the Lender shall, to the maximum extent permitted by applicable law, all sums paid (i) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(iii) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullObligation so that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (iv) allocate interest between portions of such Obligation, to the end that the no such portion shall bear interest at a rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “greater than that permitted by applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between It is the Maker and the Payee are hereby expressly limited to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity intention of the indebtedness evidenced parties hereto to conform strictly to applicable usury laws as in effect from time to time during the term of this Note. Accordingly, it is agreed that, notwithstanding any provision of this Note to the contrary, if any transaction or transactions contemplated hereby would be usurious under applicable law (including the laws of the United States of America, or otherwiseof any other jurisdiction whose laws may be mandatorily applicable), then, in that event, notwithstanding anything to the contrary in this Note, or any agreement entered into in connection with this Note, it is agreed as follows: (i) the provisions of this paragraph shall govern and control, (ii) the aggregate of all interest under applicable law that is contracted for, charged or received under this Note shall under no circumstances exceed the maximum amount of interest allowed by applicable law, and any excess shall be promptly credited to Maker by Payee (or, if such consideration shall have been paid in full, such excess shall be promptly refunded to Maker by Payee), (iii) neither Maker nor any other person or entity now or hereafter liable in connection with this Note shall be obligated to pay the amount paid of such interest to the extent that it is in excess of the maximum interest permitted by the applicable usury laws, and (iv) the effective rate of interest shall be ipso facto reduced to the Highest Lawful Rate (as hereinafter defined). All sums paid, or agreed to be paid paid, to the Payee for the use, forbearance or and detention of the indebtedness evidenced hereby exceed the maximum amount which the of Maker to Payee is permitted shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such the indebtedness described in this Note, until payment in full, to the end full so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law Highest Lawful Rate in effect as of at any particular time during the date hereoffull term thereof. The maximum lawful interest rate, providedif any, however, referred to in this paragraph that in the event there is a change in the law which results in a higher permissible rate of interest, then may accrue pursuant to this Note shall be governed by such new law is referred to herein as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee“Highest Lawful Rate”.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide comply with all applicable usury laws; accordingly, it is agreed that notwithstanding any provisions to the contrary in this Note, the Loan Agreement or any other Loan Documents, in no contingency event shall such Loan Documents require the payment or event whatsoeverpermit the collection of interest (which term, for purposes hereof, shall include any amount which, under applicable law, is deemed to be interest, whether or not such amount is characterized by reason the parties as interest) in excess of acceleration the maximum amount permitted by such laws. If any excess of interest is unintentionally contracted for, charged or received under the Note or under the terms of any other Loan Documents, or in the event the maturity of the indebtedness evidenced hereby by the Note is accelerated in whole or otherwisein part, or in the event that all or part of the principal or interest of the Note shall be prepaid, so that the amount paid of interest contracted for, charged or agreed to be paid to received under the Payee for the use, forbearance Note or detention under any of the indebtedness evidenced hereby other Loan Documents, on the amount of principal actually outstanding from time to time under the Note shall exceed the maximum amount which of interest permitted by the Payee applicable usury laws, then in any such event (i) the provisions of this paragraph shall govern and control, (ii) neither Borrowers nor any other person or entity now or hereafter liable for the payment thereof, shall be obligated to pay the amount of such interest to the extent that it is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or in excess of the Loan Agreement or maximum amount of interest permitted by such applicable usury laws, (iii) any Loan Document thereunder, at the time performance of such provision excess which may have been collected shall be dueeither applied as a credit against the then unpaid principal amount thereof or refunded to Borrowers at Lender's option, and (iv) the effective rate of interest shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit maximum lawful rate of interest allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction thereof. It is further agreed that without limitation of the foregoing, all calculations of the rate of interest contracted for, charged or received under the Note or under such validityother Loan Documents which are made for the purpose of determining whether such rate exceeds the maximum lawful rate of interest, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied made, to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable lawlaws, by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of the Loan evidenced thereby, all sums paid interest at any time contracted for, charged or agreed to be paid for the use, forbearance received from Borrowers or detention of the indebtedness evidenced otherwise by this Note shall be amortized, prorated, allocated and spread throughout the full term of Lender in connection with such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeLoan.

Usury Savings Clause. All agreements between Notwithstanding anything to the Maker and contrary in this Amendment, the Payee are hereby expressly limited to provide that Amended Notes or any other Loan Document, or in no contingency any other agreement entered into in connection with the Amended Notes or event whatsoeversecuring the indebtedness evidenced by the Amended Notes, whether now existing or hereafter arising and whether written or oral, it is agreed that the aggregate of all interest and other charges constituting interest, or adjudicated as constituting interest, and contracted for, chargeable or receivable under the Amended Notes or otherwise in connection with the Amended Notes shall under no circumstances exceed the maximum rate of interest permitted by applicable law. In the event the maturity of the Amended Notes is accelerated by reason of acceleration of maturity of an election by the indebtedness evidenced hereby holder thereof resulting from a default thereunder or under any other document executed as security therefore or in connection therewith, or by voluntary prepayment by the maker, or otherwise, then earned interest may never include more than the maximum rate of interest permitted by applicable law. If from any circumstance any holder of any of the Amended Notes shall ever receive interest or any other charges constituting interest, or adjudicated as constituting interest, the amount, if any, which would exceed the maximum rate of interest permitted by applicable law shall be applied to the reduction of the principal amount owing on such Amended Notes or on account of any other principal indebtedness of the maker to the holders of such Amended Notes, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal thereof and such other indebtedness, the amount of such excessive interest that exceeds the unpaid balance of principal thereof and such other indebtedness shall be refunded to the maker. All sums paid or agreed to be paid to the Payee holder of the Amended Notes for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at maker to the time performance holder of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note Amended Notes shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to full for the end that purpose of determining the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeethereof.

Usury Savings Clause. The Grant Recipient and City intend to conform strictly to all applicable usury laws. All agreements between of the Maker City and the Payee Grant Recipient are hereby expressly limited to provide that in no contingency or event whatsoeverby the provisions of this Article X, Section 21 which shall override and control all such agreements, whether by reason now existing or hereafter arising and whether written or oral. In no event shall any interest contracted for, charged, received, paid or collected under the terms of acceleration this Agreement exceed the Maximum Lawful Rate or amount of maturity non-usurious interest that may be contracted for, taken, reserved, charged, or received under applicable law. If, from any possible development of any document, interest would otherwise be payable to City in excess of the indebtedness evidenced hereby Maximum Lawful Rate, any such construction shall be subject to the provisions of this Article X, Section 21 and such document shall be automatically reformed and the interest payable to the City shall be automatically reduced to the Maximum Lawful Rate, without the necessity of execution of any amendment or otherwisenew document. If the City shall ever receive anything of value which is characterized as interest under applicable law and which would apart from this provision be in excess of the Maximum Lawful Rate, shall an amount equal to the amount which would have been excessive interest shall at the option of the City be refunded to Grant Recipient or applied to the reduction of the principal amount owing under this Agreement or such document in the inverse order of its maturity and not to the payment of interest. The right to accelerate any indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and City does not intend to charge or receive any unearned interest in the event of acceleration. All interest paid or agreed to be paid to the Payee for the useCity shall, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full stated term (including any renewal or extension) of such indebtedness until payment in full, to the end so that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeMaximum Lawful Rate.

Usury Savings Clause. All agreements between (a) It is the Maker intention of the parties hereto to comply with applicable state and federal usury laws (now or hereafter enacted). Accordingly, notwithstanding any provision to the Payee are hereby expressly limited to provide that contrary in this Note or any other document related hereto, in no contingency event (including, but not limited to, prepayment or event acceleration of the maturity of any obligation) shall this Note or any such other document require the payment or permit the collection of interest in excess of the Highest Lawful Rate. If under any circumstance whatsoever, whether by reason any provision of acceleration this Note or of maturity any other document pertaining hereto, shall provide for the payment or collection of interest in excess of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawHighest Lawful Rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee such circumstances Noteholder shall ever receive anything of value as interest or deemed interest by applicable law under this Note or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rateHighest Lawful Rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under this Note or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) Borrower to the PayeeNoteholder, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of this Note and such other indebtedness, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to Noteholder, under any specified contingency, exceeds the Highest Lawful Rate, the Borrower and Noteholder shall, to the maximum extent permitted by applicable law, all sums paid (i) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(iii) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (iv) allocate interest between portions of such indebtedness, to the end that the no such portion shall bear interest at a rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “greater than that permitted by applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between It is expressly stipulated and agreed to be the Maker intent of Lender and Borrower at all times to comply with the Payee are hereby expressly limited applicable law governing the highest lawful interest rate. If the applicable law is ever judicially interpreted so as to provide that in no contingency render usurious any amount called for under the Note or event whatsoeverunder any of the other Loan Documents, whether by reason of or contracted for, charged, taken, reserved or received with respect to the Loan, or if acceleration of the maturity of the indebtedness evidenced hereby Note, any prepayment by Borrower, or otherwiseany other circumstance whatsoever, shall results in Borrower having paid any interest in excess of that permitted by applicable law, then it is the express intent of Borrower and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of the Note (or, at Lender’s option, paid over to Borrower), and the provisions of the Note and other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to the Payee Lender for the use, forbearance or detention of the indebtedness Secured Obligations evidenced hereby exceed or by the maximum amount which the Payee is permitted Note shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness Secured Obligations until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness Secured Obligations does not exceed any the maximum rate or amount of interest permitted under applicable usury ceilinglaw. As used herein, the The term “applicable law” as used herein shall mean any federal or state law applicable to the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeLoan.

Usury Savings Clause. All It is the intention of Mortgagor and the Administrative Agent to conform strictly to the usury and similar laws relating to interest payable on loans from time to time in force, and all agreements between the Maker Mortgagor and the Payee Administrative Agent, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or hereof otherwise, shall the amount paid or agreed to be paid in the aggregate to the Payee for Administrative Agent as interest (whether or not designated as interest, and including any amount otherwise designated by or deemed to constitute interest by a court of competent jurisdiction) hereunder or under the useother Loan Documents or in any other agreement given to secure the Secured Indebtedness, forbearance or detention of in any other document evidencing, securing or pertaining to the indebtedness evidenced hereby Secured Indebtedness, exceed the maximum amount which (the Payee is permitted to receive “Maximum Rate”) permissible under applicable law. If, from If under any circumstances whatsoever, whatsoever fulfillment of any provision hereof hereof, of the Notes or of the other Loan Agreement or any Loan Document thereunderDocuments, at the time performance of such provision provisions shall be due, shall involve transcending exceeding the limit of validity prescribed by lawMaximum Rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit Maximum Rate. For purposes of such validity, and if from any circumstance calculating the Payee shall ever receive as interest an actual amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable lawpaid and/or payable hereunder in respect of laws pertaining to usury or such other laws, all sums paid or agreed to be paid to the Administrative Agent for the use, forbearance or detention of the indebtedness Secured Indebtedness evidenced hereby, outstanding from time to time shall, to the extent permitted by this Note shall applicable law, be amortized, proratedpro-rated, allocated and spread throughout from the full term date of such indebtedness disbursement of the proceeds of the Notes until payment in fullfull of all of such indebtedness, to the end so that the actual rate or amount of interest on account of such indebtedness does not Secured Indebtedness is uniform through the term hereof. If under any circumstances any Administrative Agent shall ever receive an amount which would exceed the Maximum Rate, such amount shall be deemed a payment in reduction of the principal amount of any applicable usury ceiling. As used hereinloan secured by this Mortgage and shall be treated as a voluntary prepayment under the Loan Documents and shall be so applied in accordance with the provisions of the Loan Documents or if such excessive interest exceeds the outstanding amount of the Loan and any other Secured Indebtedness, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note excess shall be governed deemed to have been a payment made by such new law as of its effective date. This provision mistake and shall control every other provision of all agreements between the Maker and the Payeebe refunded to Mortgagor.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, any Notes, any of the other Loan Documents or any other document related hereto or thereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement, any Notes, any of the other Loan Documents or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, any Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Loans or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeCompany or any Subsidiary Borrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Company or the relevant Subsidiary Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Company or any Subsidiary Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the highest lawful rate, the Company, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that the no such portion shall bear interest at a rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “greater than that permitted by applicable law” shall mean the law in effect as . Release of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.Mortgages

Usury Savings Clause. All agreements between the Maker Company and the Payee -------------------- holder hereof, whether now existing or hereafter arising, and whether written or oral, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of the maturity of the indebtedness evidenced hereby hereof or otherwise, shall the amount paid paid, or agreed to be paid paid, to the Payee holder hereof for the use, forbearance forbearance, or detention of the money loaned hereunder or otherwise or for the payment or performance of any covenant or obligations contained herein or in any document evidencing, securing or pertaining to the indebtedness evidenced hereby hereby, exceed the maximum amount which the Payee is permitted to receive permissible under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, other document at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any such circumstance the Payee shall holder hereof should ever receive as any amount deemed interest an amount by applicable law which would shall exceed the highest lawful rate, such amount which would be excessive interest shall be characterized as expense, to the extent permitted by this Debenture and the agreements governing, securing or relating to the indebtedness evidenced by this Debenture, rather than interest, or be applied to the reduction of the principal balance amount owing hereunder or on account of any other principal indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) Company to the Payeeholder hereof, and not to the payment of interest hereunderinterest, or if such excessive payment cannot be characterized as an expense, and exceeds the unpaid balance of principal hereof and such other indebtedness, the excess shall be refunded to the Company. To the extent permitted by applicable law, all All sums paid or agreed to be paid by the Company for the use, forbearance or detention of the indebtedness evidenced of the Company to the holder hereof shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount . The terms and provisions of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision paragraph shall control and supersede every other provision of all agreements between the Maker Company and the Payeeholder hereof.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, any Notes, any of the other Loan Documents or any other document related hereto or thereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement, any Notes, any of the other Loan Documents or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, any Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Loans or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeCompany or any Subsidiary Borrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Company or the relevant Subsidiary Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Company or any Subsidiary Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the highest lawful rate, the Company, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that the no such portion shall bear interest at a rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “greater than that permitted by applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.98 91

Usury Savings Clause. All agreements between It is expressly stipulated and agreed to be the Maker intent of Borrowers and Lender at all times to comply with the Payee are hereby expressly limited applicable law governing the highest lawful interest rate. If the applicable law is ever judicially interpreted so as to provide that in no contingency render usurious any amount called for under the Notes or event whatsoeverunder any of the other Loan Documents, whether by reason of or contracted for, charged, taken, reserved or received with respect to the loan evidenced thereby, or if acceleration of the maturity of the indebtedness evidenced hereby Notes, any prepayment by Borrowers, or otherwiseany other circumstance whatsoever, shall results in Borrowers having paid any interest in excess of that permitted by applicable law, then it is the express intent of Borrowers and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of the Notes (or, at Lender’s option, paid over to Borrowers), and the provisions of the Notes and other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Notes does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to the Payee Lender for the use, forbearance or detention of the indebtedness Secured Obligations evidenced hereby exceed or by the maximum amount which the Payee is permitted Notes shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness Secured Obligations until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness Secured Obligations does not exceed any the maximum rate or amount of interest permitted under applicable usury ceilinglaw. As used herein, the The term “applicable law” shall mean as used herein means, any federal or state law applicable to the law in effect as of loan made by Lender to Borrower evidenced by the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeNotes.

Usury Savings Clause. All agreements between in the Maker and Note, in the Payee Loan Agreement, in any Loan Document or herein are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of advancement or acceleration of maturity of the indebtedness evidenced hereby Obligations, or otherwise, shall the amount paid or agreed to be paid to the Payee hereunder for the use, forbearance or detention of the indebtedness evidenced hereby money exceed the maximum amount which the Payee is highest lawful rate permitted to receive under applicable lawusury laws. If, from any circumstances circumstance whatsoever, fulfillment of any provision hereof or of the Note, of the Loan Agreement or Agreement, of any Loan Document thereunderor hereof, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawlaw which a court of competent jurisdiction may deem applicable hereto, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validityvalidity and if, and if from any circumstance the Payee whatsoever, Mortgagee shall ever receive as interest an amount which would exceed the highest lawful rate, the receipt of such amount which would be excessive interest excess shall be applied deemed a mistake and shall be canceled automatically or if theretofore paid, such excess shall be credited against the principal amount of the Obligations to which the same may lawfully be credited, and any portion of such excess not capable of being so credited shall be rebated to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunderMortgagor. To the extent permitted by applicable law, all All sums paid or agreed to be paid to the holder hereof for the use, forbearance or detention of the indebtedness evidenced of the Mortgagor to the holder hereof shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of such indebtedness is uniform throughout the actual term of the loan or does not exceed any the highest lawful rate permitted by applicable usury ceiling. As used hereinlaw throughout the entire term of such loan, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeeappropriate.

Usury Savings Clause. It is the intention of the parties to conform strictly to the usury laws, whether state or federal, that are applicable to the transaction of which this Deed of Trust is a part. All agreements between the Maker Trustor and the Payee Beneficiary, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid or agreed to be paid to the Payee by Trustor for the use, forbearance or detention of the indebtedness evidenced hereby money to be loaned or advanced under the Indenture, the Notes, this Deed of Trust, any other Collateral Document, or any other agreement or instrument relating thereto, or for the payment or performance of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive permissible under applicable lawfederal or state usury laws. If, from If -------------------------------------------------------------------------------- under any circumstances whatsoever, whatsoever fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereundersuch provision, at the time performance of such provision shall be due, shall involve transcending exceeding the limit of validity prescribed by law, then, ipso facto, then the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from . If under any circumstance the Payee circumstances Trustor shall ever receive as interest have paid an amount deemed interest by applicable law, which would exceed the highest lawful rate, such amount which that would be excessive interest under applicable usury laws shall be applied to the reduction of the principal balance of any amount owing in respect of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal and any other amounts due hereunder, the excess shall be refunded to Trustor. To the extent permitted by applicable law, all All sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced principal under any extension of credit or advancement of funds by this Note shall Beneficiary or any Holder shall, to the extent permitted by applicable law, and to the extent necessary to preclude exceeding the limit of validity prescribed by law, be amortized, prorated, allocated and spread throughout from the full term date of such indebtedness the Indenture until payment in full, to full of the end Obligations so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, principal amounts is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between the Maker and the Payee are hereby expressly limited Notwithstanding any other term of this Note, Company shall never be entitled to provide that receive, collect or apply as interest on this Note, any amount in no contingency or event whatsoever, whether by reason of acceleration of maturity excess of the indebtedness evidenced hereby maximum rate of interest (the "Maximum Rate") which Company is allowed to charge or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. Iflaw and, from any circumstances whatsoeverif Company ever receives, fulfillment of any provision hereof collects or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive applies as interest an amount which would exceed the highest lawful rateany such excess, such amount which would be excessive interest shall be applied deemed a partial prepayment of principal and treated under this Note as such; and, if the principal of this Note is paid in full, any remaining excess shall forthwith be paid to Borrower. In furtherance of the foregoing, Borrower and Company (by its acceptance of this Note) stipulate and agree that none of the terms and provisions contained in this Note shall ever be construed to create a contract to pay interest at a rate in excess of the Maximum Rate. In determining whether or not the interest paid or payable, under any specific contingency, exceeds the Maximum Rate, Borrower and Company shall, to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the maximum extent permitted by under applicable law, all sums paid (i) characterize any nonprincipal payment as an expense, fee or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention and (iii) amortize, prorate, allocate and spread, in equal parts, the total amount of interest throughout the indebtedness evidenced by entire contemplated term of this Note shall be amortized, prorated, allocated and spread so that the interest rate is uniform throughout the entire term thereof; provided, that if this Note is paid and performed in full term of such indebtedness until payment in full, prior to the end that of the rate or full contemplated term thereof, and if the interest received would exceed the Maximum Rate, then Company shall refund to Borrower the amount of such excess or credit against the principal of this Note, and, in such event, Company shall not be subject to any penalties provided by law for contracting for, charging or receiving interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as excess of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeMaximum Rate.

Usury Savings Clause. All agreements between Notwithstanding any other provision of this Agreement, it is the Maker intention of the parties hereto to conform strictly to Applicable Usury Laws, in each case to the extent they are applicable to this Agreement Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious under any Applicable Usury Laws, then, in that event, it is agreed as follows: (i) the provisions of this Section 13.20 shall govern and control; (ii) the aggregate of all interest under Applicable Usury Laws that is contracted for, charged or received under this Agreement shall under no circumstances exceed the Maximum Amount, and any excess shall be promptly refunded to the payor by the recipient hereof; (iii) no Person shall be obligated to pay the amount of such interest to the extent that it is in excess of the Maximum Amount; and (iv) the effective rate of any interest payable under this Agreement shall be ipso facto reduced to the Highest Lawful Rate, as hereinafter defined, and the Payee are hereby expressly limited to provide that in no contingency or event whatsoeverprovisions of this Agreement immediately shall be deemed reformed, whether by reason of acceleration of maturity without the necessity of the indebtedness evidenced hereby execution of any new document or otherwiseinstrument, shall the amount paid so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid paid, to the Payee any person pursuant to this Agreement for the use, forbearance or detention of the any indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. Ifarising hereunder shall, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the fullest extent permitted by applicable lawthe Applicable Usury Laws, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, proratedpro rated, allocated and spread throughout the full term of any such indebtedness until payment in full, to the end so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law Highest Lawful Rate in effect as of at any particular time during the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeefull term thereof.

Usury Savings Clause. All agreements between (a) It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, the Notes, any of the other Loan Documents or any other document related hereto or thereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement, the Notes, any of the other Loan Documents or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Lender shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, the Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Notes or on account of any other Obligations of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such Obligations, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any Obligations of the Borrower to the Lender, under any specified contingency, exceeds the Highest Lawful Rate, the Borrower and the Lender shall, to the maximum extent permitted by applicable law, all sums paid (i) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(iii) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in full, to the end Obligation so that the rate or amount of interest on account of such indebtedness thereon does not exceed any applicable usury ceiling. As used herein, the term “maximum amount permitted by applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.and/or

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, the Revolving Credit Notes, any of the other Loan Documents or any other document related hereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, the Revolving Credit Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Revolving Credit Notes or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the Highest Lawful Rate (as hereinafter defined), the Borrower, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. To the rate or amount extent that Article 5069-1D.001 et seq., as amended, of interest on account the Texas Revised Civil Statutes is relevant to the Administrative Agent and the Lenders for the purpose of such indebtedness does not exceed any applicable usury ceiling. As used hereindetermining the Highest Lawful Rate, the term “Administrative Agent and the Lenders hereby elect to determine the applicable law” rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect. Nothing set forth in this subsection 11.11 is intended to or shall mean limit the law in effect as or operation of subsection 11.12. In no event shall Chapter 346 of the date hereof, provided, however, that in Texas Finance Code (which regulates certain revolving credit loan accounts) apply to this Agreement or the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeRevolving Credit Notes.

Usury Savings Clause. All agreements between It is expressly stipulated and agreed to be the Maker intent of Beneficiary and Trustor at all times to comply with the Payee are hereby expressly limited applicable law governing the highest lawful interest rate. If the applicable law is ever judicially interpreted so as to provide that in no contingency render usurious any amount called for under the Note or event whatsoeverunder any of the other Loan Documents, whether by reason of or contracted for, charged, taken, reserved or received with respect to the Loan, or if acceleration of the maturity of the indebtedness evidenced hereby Note, any prepayment by Trustor, or otherwiseany other circumstance whatsoever, shall results in Trustor having paid any interest in excess of that permitted by applicable law, then it is the express intent of Trustor and Beneficiary that all excess amounts theretofore collected by Beneficiary be credited on the principal balance of the Note (or, at Beneficiary’s option, paid over to Trustor), and the provisions of the Note and other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Beneficiary does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to the Payee Beneficiary for the use, . forbearance or detention of the indebtedness Secured Obligations evidenced hereby exceed or by the maximum amount which the Payee is permitted Note shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness Secured Obligations until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness Secured Obligations does not exceed any the maximum rate or amount of interest permitted under applicable usury ceilinglaw. As used herein, the The term “applicable law” as used herein shall mean any federal or state law applicable to the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeLoan.

Usury Savings Clause. All agreements between It is the Maker intention of the parties hereto to comply with applicable state and federal usury laws from time to time in effect. Accordingly, notwithstanding any provision to the Payee are hereby expressly limited to provide that contrary in this Note or any other document related hereto, in no contingency event (including, but not limited to, prepayment or event acceleration of the maturity of any obligation) will this Note or any such other document require the payment or permit the collection or receipt of interest in excess of the highest lawful rate. If under any circumstance whatsoever, whether by reason any provision of acceleration this Note or of maturity any other document pertaining hereto will provide for the payment, collection or receipt of interest in excess of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawhighest lawful rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall such circumstances Lender will ever receive anything of value as interest or deemed interest by applicable law under this Note or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest exceed the highest lawful rate shall be applied to the reduction of the principal balance amount owing under this Note or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) Maker to the PayeeLender, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of this Note and such other indebtedness, such excess shall be refunded to Maker. To In determining whether or not the interest paid or payable with respect to any indebtedness of Maker to Lender, under any specified contingency, exceeds the highest lawful rate, Maker and Lender will, to the maximum extent permitted by applicable law, all sums paid (i) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(iii) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in full(including any extension or renewal) so that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (iv) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. Lxxxxx expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the event that the maturity of this Note is accelerated. If at any time the Rate exceeds the highest lawful rate, then the rate or at which interest shall accrue hereunder shall automatically be limited to the highest lawful rate, and shall remain at the highest lawful rate until the total amount of interest on account accrued hereunder equals the total amount of such indebtedness does not exceed any applicable usury ceilinginterest that would have accrued but for the operation of this sentence. As used hereinThereafter, interest shall accrue at the term “applicable law” Rate unless and until the Rate again exceeds the highest lawful rate, in which case the immediately preceding sentence shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeeapply.

Usury Savings Clause. All agreements between It is expressly stipulated and agreed to be the Maker intent of Beneficiary and Grantor at all times to comply with the Payee are hereby expressly limited applicable law governing the highest lawful interest rate. If the applicable law is ever judicially interpreted so as to provide that in no contingency render usurious any amount called for under the Note or event whatsoeverunder any of the other Loan Documents: or, whether by reason of contracted for, charged, taken, reserved or received with respect to the loan evidenced thereby, or if acceleration of the maturity of the indebtedness evidenced hereby Note, any prepayment by Grantor, or otherwiseany other circumstance whatsoever, shall results in Grantor having paid any interest in excess of that permitted by applicable law, then it is the express intent of Grantor and Beneficiary that all excess amounts theretofore collected by Beneficiary be credited on the principal balance of the Note (or, if the Note has been or would thereby be paid in full, refunded to Grantor), and the provisions of the Note and other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Beneficiary does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to the Payee Beneficiary for the use, forbearance or detention of the indebtedness evidenced hereby exceed or by the maximum amount which the Payee is permitted Note shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness does not exceed any the maximum rate or amount of interest permitted under applicable usury ceilinglaw. As used herein, the The term “applicable law” as used herein shall mean any federal or state law applicable to the law in effect as of loan made by Beneficiary to Grantor pursuant to the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeLoan Agreement.

Usury Savings Clause. All agreements between Interest on the Maker and Debt evidenced by the Payee are hereby Securities is expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of the maturity of the indebtedness Debt evidenced hereby by the Securities or otherwise, shall the amount paid interest contracted for, charged or agreed to be paid to received by the Payee for the use, forbearance or detention of the indebtedness evidenced hereby Holders exceed the maximum amount which the Payee is permitted to receive permissible under applicable law. If, If from any circumstances whatsoever, whatsoever fulfillment of any provision hereof provisions of this Indenture, the Securities or of any other document evidencing, securing, guaranteeing or otherwise pertaining to the Loan Agreement or any Loan Document thereunderDebt evidenced by the Securities, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, then ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee such circumstances any Holder shall ever receive anything of value as interest or deemed interest by applicable law under this Indenture, the Securities or any other document evidencing, securing, guaranteeing or otherwise pertaining to the Debt evidenced by the Securities or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance of any amount owing on the Debt of the Maker’s Obligations (as Securities held by such term is defined in the Loan Agreement) to the PayeeHolder, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of the Debt of the Securities held by such Holder, such excess shall be refunded to the Company. To In determining whether or not the interest paid or payable with respect to any Debt of the Company to the Holders, under any specific contingency, exceeds the highest lawful rate, the Company and the Holders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in full, to the end Debt so that the actual rate or amount of interest on account of such indebtedness Debt does not exceed any applicable usury ceiling. As used herein, the term “maximum amount permitted by applicable law” , and/or (d) allocate interest between portions of such Debt, to the end that no such portion shall mean the law in effect as bear interest at a rate greater than that permitted by law. The terms and provisions of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision Section shall control every and supersede ever other conflicting provision of all agreements between the Maker this Indenture and the PayeeSecurities.

Usury Savings Clause. Lender and Borrower intend to comply at all times with applicable usury laws. All agreements between the Maker Lender and the Payee Borrower, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited to provide so that in no contingency or event whatsoevercontingency, whether by reason of demand or acceleration of the maturity of the indebtedness evidenced hereby Inventory Loan or otherwise, shall the amount interest contracted for, charged, received, paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby Lender exceed the maximum amount which the Payee is permitted to receive rate permissible under applicable lawusury laws (“Maximum Rate”). If, from any circumstances whatsoever, circumstance whatsoever fulfillment of any provision hereof hereof, of the Inventory Loan Promissory Note or of the any other Inventory Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, Documents shall involve transcending the limit of such validity prescribed by lawany law which a court of competent jurisdiction may deem applicable hereto, then, then ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, ; and if from any circumstance the Payee Lender shall ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Inventory Loan Agreement) to the Payee, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of the Inventory Loan, such excess shall be refunded to Borrower. To All interest paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness period until payment in fullfull of the principal so that the interest on the Inventory Loan for such full period shall not exceed the Maximum Rate. Borrower agrees that in determining whether or not any interest payment under the Inventory Loan Documents exceeds the Maximum Rate, any non-principal payment (except payments specifically described in the Inventory Loan Documents as “interest”) including without limitation, prepayment fees and late charges, shall to the end that maximum extent not prohibited by law, be an expense, fee, premium or penalty rather than interest. Lender hereby expressly disclaims any intent to contract for, charge or receive interest in an amount which exceeds the rate or amount Maximum Rate. The provisions of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as each of the date hereofInventory Loan Promissory Note, providedthis Agreement and all other Inventory Loan Documents are hereby modified to the extent necessary to conform with the limitations and provisions of this paragraph, however, that and this paragraph shall govern over all other provisions in the event any document or agreement now or hereafter existing. This Paragraph shall never be superseded or waived unless there is a change in written document executed by the law which results in a higher permissible rate Lender and the Borrower, expressly declaring the usury limitation of interestthis Agreement to be null and void, then this Note and no other method or language shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeeto supersede or waive this paragraph.

Usury Savings Clause. All Notwithstanding anything to the contrary contained elsewhere in this Agreement, Borrower and Lender hereby agree that all agreements between them under this Agreement and with respect to the Maker Note and the Payee Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid paid, or agreed to be paid paid, to the Payee Lender for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby money loaned to Borrower, or for the performance or payment of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive rate of interest under applicable lawlaw (the "Maximum Rate"). If, If from any circumstances circumstance whatsoever, fulfillment of any provision hereof or provisions of the Loan this Agreement or any Loan Document thereunder, at the time performance of such provision provisions shall be due, due shall involve transcending the limit of validity prescribed by law, then, ipso factoautomatically, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any such circumstance the Payee shall Lender should ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any amount owing with respect to the Note or Loan Documents or on account of the Maker’s Obligations (as such term is defined in other indebtedness secured by the Loan Agreement) to the Payee, Documents and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid principal balance of the Note and such other indebtedness, such excess shall be refunded to Borrower. To All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the Note and other indebtedness of Borrower to Lender shall, to the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of all such indebtedness is uniform throughout the actual term (as extended by amendments, forbearance agreements and/or otherwise) of the Note or does not exceed any applicable usury ceiling. As used herein, the Maximum Rate throughout the entire term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate Note. The terms and provisions of interest, then this Note shall be governed by such new law as of its effective date. This provision paragraph 7 shall control every other provision of this Agreement and all other agreements between the Maker Borrower and the PayeeLender.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, the Revolving Credit Notes, any of the other Loan Documents or any other document related hereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, the Revolving Credit Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Revolving Credit Notes or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the Highest Lawful Rate (as hereinafter defined), the Borrower, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. To the rate or amount extent that Article 5069-1.04 of interest on account the Texas Revised Civil Statutes is relevant to the Administrative Agent and the Lenders for the purpose of such indebtedness does not exceed any applicable usury ceiling. As used hereindetermining the Highest Lawful Rate, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker Administrative Agent and the PayeeLenders hereby elect to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect. Nothing set forth in this subsection 11.11 is intended to or shall limit the effect or operation of subsection 11.12.

Usury Savings Clause. All agreements between the Maker Company and the Payee holder hereof, whether now existing or hereafter arising, and whether written or oral, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of the maturity of the indebtedness evidenced hereby hereof or otherwise, shall the amount paid paid, or agreed to be paid paid, to the Payee holder hereof for the use, forbearance forbearance, or detention of the money loaned hereunder or otherwise or for the payment or performance of any covenant or obligations contained herein or in any document evidencing, securing or pertaining to the indebtedness evidenced hereby hereby, exceed the maximum amount which the Payee is permitted to receive permissible under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, other document at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any such circumstance the Payee shall holder hereof should ever receive as any amount deemed interest an amount by applicable law which would shall exceed the highest lawful rate, such amount which would be excessive interest shall be characterized as expense, to the extent permitted by this Debenture and the agreements governing, securing or relating to the indebtedness evidenced by this Debenture, rather than interest, or be applied to the reduction of the principal balance amount owing hereunder or on account of any other principal indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) Company to the Payeeholder hereof, and not to the payment of interest hereunderinterest, or if such excessive payment cannot be characterized as an expense, and exceeds the unpaid balance of principal hereof and such other indebtedness, the excess shall be refunded to the Company. To the extent permitted by applicable law, all All sums paid or agreed to be paid by the Company for the use, forbearance or detention of the indebtedness evidenced of the Company to the holder hereof shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount . The terms and provisions of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision paragraph shall control and supersede every other provision of all agreements between the Maker Company and the Payee.holder hereof. 10

Usury Savings Clause. All It is the intention of Mortgagor, Mortgagee and the Lenders to conform strictly to the usury and similar laws relating to interest payable on loans from time to time in force, and all agreements between the Maker Mortgagor, Mortgagee and the Payee Lenders, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or hereof otherwise, shall the amount paid or agreed to be paid in the aggregate to the Payee for Lenders as interest (whether or not designated as interest, and including any amount otherwise designated by deemed constitute interest by a court of competent jurisdiction) hereunder or under the useother Loan Documents or in any other agreement given to secure the Obligations, forbearance or detention of in any other document evidencing, securing or pertaining to the indebtedness evidenced hereby Obligations, exceed the maximum amount which (the Payee is permitted to receive “Maximum Rate”) permissible under applicable lawlaws. If, from If under any circumstances whatsoever, whatsoever fulfillment of any provision hereof or hereof, of the Loan Agreement or any of the other Loan Document thereunderDocuments, at the time performance of such provision provisions shall be due, shall involve transcending exceeding the limit of validity prescribed by lawMaximum Rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit Maximum Rate. For purposes of such validity, and if from any circumstance calculating the Payee shall ever receive as interest an actual amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable lawpaid and/or payable hereunder in respect of laws pertaining to usury or such other laws, all sums paid or agreed to be paid to the Lenders for the use, forbearance or detention of the indebtedness Obligations evidenced hereby, outstanding from time to time shall, to the extent permitted by this Note shall applicable law, be amortized, proratedpro-rated, allocated and spread throughout from the full term date of such indebtedness disbursement of the proceeds of the Notes until payment in fullfull of all of such indebtedness, to the end so that the actual rate or amount of interest on account of such indebtedness does not Obligations is uniform through the term hereof. If under any circumstances any Lender shall ever receive an amount which would exceed the Maximum Rate, such amount shall be deemed a payment in reduction of the principal amount of the Loans and shall be treated as a voluntary prepayment under the Loan Agreement and shall be so applied in accordance with the provisions of the Loan Agreement or if such excessive interest exceeds the Outstanding amount of the Loans and any applicable usury ceiling. As used hereinother Obligations, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note excess shall be governed deemed to have been a payment made by such new law as of its effective date. This provision mistake and shall control every other provision of all agreements between the Maker and the Payeebe refunded to Mortgagor.

Usury Savings Clause. All agreements between This Agreement, the Maker Notes and the Payee are hereby expressly limited to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity all of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed other Loan Documents are intended to be paid performed in accordance with, and only to the Payee for the useextent permitted by, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under all applicable lawusury laws. If, from any circumstances whatsoever, fulfillment of If any provision hereof or of any of the other Loan Documents or the application thereof to any Person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, NEITHER THE APPLICATION OF SUCH PROVISION TO ANY OTHER PERSON OR CIRCUMSTANCE NOR THE REMAINDER OF THE INSTRUMENT IN WHICH SUCH PROVISION IS CONTAINED SHALL BE AFFECTED THEREBY AND shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of Lender and Borrower to comply at all times with the usury and other applicable laws now or hereafter governing the interest payable on the Obligations. If the applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under the Obligations or under any of the Loan Agreement Documents, or contracted for, charged, taken, reserved or received with respect to the Obligations, or if the acceleration of the maturity of Obligations, or if any Loan Document thereunder, at the time performance prepayment by Borrower results in Borrower having paid any interest in excess of such provision shall be due, shall involve transcending the limit of validity prescribed that permitted by law, then, ipso facto, then it is the obligation to express intent of Borrower and Lender that all excess amounts theretofore collected by Lender be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of credited on the principal balance of any of the Maker’s Obligations (as such term is defined in or, if the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums Obligations have been paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, repaid to Borrower), and the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as provisions of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note Loan Documents immediately shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker deemed reformed and the Payee.amounts thereafter collectable thereunder reduced, without the

Usury Savings Clause. Borrower represents and warrants to Lender that the Loan is made for business or investment purposes. All agreements between the Maker Lender and the Payee Borrower are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of advancement of the proceeds hereof or acceleration of the maturity of the indebtedness evidenced hereby remaining Outstanding Principal Balance upon an Event of Default or otherwise, shall the amount paid or agreed to be paid to the Payee Lender for the use, forbearance or detention of the indebtedness evidenced hereby exceed money advanced or to be advanced hereunder exceed, with respect to any such amount, the maximum amount which of interest that would be payable at the Payee is permitted to receive under applicable lawMaximum Legal Rate. If, from any circumstances whatsoever, fulfillment of any provision provisions hereof or of any of the other Loan Documents, the Environmental Indemnity Agreement, any Interest Rate Cap Agreement, any Collateral Assignment of Interest Rate Cap Agreement or any Loan Document thereunderother agreement referred to herein or pertaining hereto, at the time when performance of such provision provisions shall be due, shall involve transcending the limit Maximum Legal Rate, which a court of validity prescribed by lawcompetent jurisdiction may deem applicable hereto, then, then ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validityMaximum Legal Rate, and if from any circumstance the Payee circumstances Lender shall ever receive as interest an amount which exceeds the amount of interest that would exceed be payable at the highest lawful rateMaximum Legal Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of remaining Outstanding Principal Balance or other amounts due hereunder (other than interest) without any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, prepayment premium or charge and not to the payment of interest hereunderinterest. To the extent permitted by applicable law, Neither Borrower nor any other Person obligated to pay all sums paid or agreed to be paid for the use, forbearance or detention any part of the indebtedness Indebtedness evidenced by this Agreement or the Note shall be amortizedhave claim or remedy against Lender for any damages whatsoever, proratedor any defenses to enforcement of this Agreement, allocated and spread throughout the full term Note, the Security Instrument, any of such indebtedness until payment the other Loan Documents or the Environmental Indemnity 14961843v.6 Agreement, any Interest Rate Cap Agreement, any Collateral Assignment of Interest Rate Cap Agreement, relating in full, any way to the end allegations that the rate interest paid or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law collected hereunder was in effect as excess of the date hereoflawful limit, providedand Borrower, howeverfor Borrower and for any and all Persons claiming by, that in the event there is a change in the law which results in a higher permissible rate of interestunder or through Borrower, then this Note shall be governed by hereby waives any such new law as of its effective dateclaims, remedies or defenses. This provision shall control every other provision of all agreements between this Agreement, the Maker and Note, the PayeeSecurity Instrument, any of the other Loan Documents or the Environmental Indemnity Agreement, any Interest Rate Cap Agreement or any Collateral Assignment of Interest Rate Cap Agreement.

Usury Savings Clause. All It is the intention of Grantor, Beneficiary, the Lenders and Trustee to conform strictly to the usury and similar laws relating to interest payable on loans from time to time in force, and all agreements between Grantor, Beneficiary, the Maker Lenders and the Payee Trustee, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or hereof otherwise, shall the amount paid or agreed to be paid in the aggregate to the Payee for Lenders as interest (whether or not designated as interest, and including any amount otherwise designated by or deemed to constitute interest by a court of competent jurisdiction) hereunder or under the useother Loan Documents or in any other agreement given to secure the Obligations, forbearance or detention of in any other document evidencing, securing or pertaining to the indebtedness evidenced hereby Obligations, exceed the maximum amount which (the Payee is permitted to receive "Maximum Rate") permissible under applicable lawApplicable Law. If, from If under any circumstances whatsoever, whatsoever fulfillment of any provision hereof or hereof, of the Loan Agreement or any of the other Loan Document thereunderDocuments, at the time performance of such provision provisions shall be due, shall involve transcending exceeding the limit of validity prescribed by lawMaximum Rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit Maximum Rate. For purposes of such validity, and if from any circumstance calculating the Payee shall ever receive as interest an actual amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable lawpaid and/or payable hereunder in respect of laws pertaining to usury or such other laws, all sums paid or agreed to be paid to the Lenders for the use, forbearance or detention of the indebtedness Obligations evidenced hereby, outstanding from time to time shall, to the extent permitted by this Note shall Applicable Law, be amortized, proratedpro-rated, allocated and spread throughout from the full term date of such indebtedness disbursement of the proceeds of the Notes until payment in fullfull of all of such indebtedness, to the end so that the actual rate or amount of interest on account of such indebtedness does not Obligations is uniform through the term hereof. If under any circumstances any Lender shall ever receive an amount which would exceed the Maximum Rate, such amount shall be deemed a payment in reduction of the principal amount of the Loans and shall be treated as a voluntary prepayment under the Loan Agreement and shall be so applied in accordance with the provisions of the Loan Agreement or if such excessive interest exceeds the Outstanding amount of the Loans and any applicable usury ceiling. As used hereinother Obligations, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note excess shall be governed deemed to have been a payment made by such new law as of its effective date. This provision mistake and shall control every other provision of all agreements between the Maker and the Payeebe refunded to Grantor.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, any of the other Loan Documents or any other document related hereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing hereunder or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the Highest Lawful Rate (as hereinafter defined), the Borrower, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. To the rate or amount extent that Article 5069-1D.001 et seq., as amended, of interest on account the Texas Revised Civil Statutes is relevant to the Administrative Agent and the Lenders for the purpose of such indebtedness does not exceed any applicable usury ceiling. As used hereindetermining the Highest Lawful Rate, the term “Administrative Agent and the Lenders hereby elect to determine the applicable law” rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect. Nothing set forth in this Section 11.11 is intended to or shall mean limit the law in effect as or operation of Section 11.12. In no event shall Chapter 346 of the date hereof, provided, however, that in Texas Finance Code (which regulates certain revolving credit loan accounts) apply to this Agreement or the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeNotes.

Usury Savings Clause. All agreements between Notwithstanding anything to the Maker and contrary in this Amendment, the Payee are hereby expressly limited to provide that Notes or any other Loan Documents, or in no contingency any other agreement entered into an connection with the Notes or event whatsoeversecuring the indebtedness evidenced by the Notes, whether now existing or hereafter arising and whether written or oral, it is agreed that the aggregate of all interest and other charges constituting interest, or adjudicated as constituting interest, and contracted for, chargeable or receivable under the Notes or otherwise in connection with the Notes shall under no circumstances exceed the maximum rate of interest permitted by applicable law. In the event the maturity of the Notes is accelerated by reason of acceleration of maturity an election by any of the indebtedness evidenced hereby holders thereof resulting from a default thereunder or under any other document executed as security therefor or in connection therewith, or by voluntary prepayment by the maker, or otherwise, then earned interest may never include more than the maximum rate of interest permitted by application law. If from any circumstance any holder of any of the Notes shall ever receive interest or any other charges constituting interest, or adjudicated as constituting interest, the amount, if any, which would exceed the maximum rate of interest permitted by applicable law shall be applied to the reduction of the principal amount owing on such Notes or on account of any other principal indebtedness of the maker to the holders of such Notes, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal thereof and such other indebtedness, the amount of such excessive interest that exceeds the unpaid balance of principal thereof and such other indebtedness shall be refunded to the maker. All sums paid or agreed to be paid to the Payee holders of the Notes for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at maker to the time performance holder of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note Notes shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to full for the end that purpose of determining the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeethereof.

Usury Savings Clause. All agreements between the Maker The Borrower and the Payee are hereby expressly limited Lender intend to provide that contract in strict compliance with all applicable usury laws from time to time in effect, and no contingency term or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby provision contained in this Agreement or otherwise, any other document or instrument now or hereafter executed in connection herewith shall the amount paid ever create (or agreed ever be construed to be paid create) a contract to the Payee pay for the use, forbearance or detention of the indebtedness evidenced hereby exceed money with interest at a rate in excess of the maximum amount which nonusurious rate of interest that the Payee Lender is permitted to contract for, charge or receive under applicable lawlaw and as to which the Borrower could not successfully assert a claim or defense of usury (the “Highest Lawful Rate”). IfFor purposes hereof, from any circumstances whatsoever“interest” shall include the aggregate of all charges that constitute interest under applicable law that are contracted for, fulfillment reserved, taken, charged or received under or in connection with this Agreement. If the payment of any provision hereof or amounts due hereunder is accelerated by reason of any election of the Loan Lender resulting from the occurrence of an Event of Default or otherwise, then any consideration constituting interest may never include more than the maximum nonusurious amount permitted by applicable law, and excess interest, if any, provided for in or in connection with this Agreement or any Loan Document thereunder, at shall be canceled automatically as of the time performance date of such provision acceleration, and, if theretofore paid, shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of credited on the principal balance of any due and the balance thereof, if any, refunded to the Borrower. If the Lender shall collect, charge, contract for or receive moneys that are interest and/or are deemed to constitute interest at a rate in excess of the Maker’s Obligations (as Highest Lawful Rate, all such term is defined sums in excess of the Loan Agreement) Highest Lawful Rate shall be immediately credited against the outstanding principal balance, and the balance thereof, if any, returned to the Payee, and not to Borrower upon such determination. All calculations of the payment rate of interest hereunder. To contracted for, charged or received hereunder or otherwise that are made for the purpose of determining whether such rate exceeds the Highest Lawful Rate shall be made, to the extent permitted by applicable lawusury laws, all sums paid or agreed to be paid for by amortizing, prorating and spreading in equal parts during the use, forbearance or detention period of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full stated term of such indebtedness until payment obligation all interest at any time contracted for, charged, collected or received by the Lender in full, to the end that the rate or amount connection herewith. The provisions of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision Section 8.12 shall control every other provision over all provisions of all agreements between the Maker and the Payeethis Agreement that may be in apparent conflict herewith, if any.

Usury Savings Clause. All agreements between in the Maker and Credit Agreement, in the Payee Notes, in this Mortgage, or in any other Secured Debt Document are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of advancement or acceleration of maturity of any of the indebtedness evidenced hereby Secured Obligations, or otherwise, shall the amount paid or agreed to be paid to the Payee hereunder or thereunder for interest or for the use, forbearance or detention of the indebtedness evidenced hereby money exceed the maximum amount which the Payee is highest lawful rate permitted to receive under applicable lawusury laws. If, from any circumstances circumstance whatsoever, fulfillment of any provision hereof of the Credit Agreement, of the Notes, of this Mortgage, or of the Loan Agreement or any Loan Document thereunderother Secured Debt Document, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawapplicable usury laws which a court of competent jurisdiction may deem applicable hereto, then, ipso factoIPSO FACTO, the obligation to be fulfilled shall automatically be reduced to the limit of such validityvalidity and if, and if from any circumstance whatsoever, the Payee Collateral Agent or any Secured Creditor shall ever receive hereunder or under the other Secured Debt Documents as interest interest, or for the use, forbearance or detention of money, an amount which would exceed the highest lawful rate, the receipt of such amount which would be excessive interest excess shall be applied deemed a mistake and shall be canceled automatically or, if theretofore paid, such excess shall be credited against the principal amount of the Secured Obligations or any fees or other amounts included in the Secured Obligations to which the same may lawfully be credited, and any portion of such excess not capable of being so credited shall be rebated to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeMortgagor.

Usury Savings Clause. All agreements between Notwithstanding any provision to the Maker and contrary contained in this Agreement or in any of the Payee are hereby other Loan Documents, it is expressly limited to provide provided that in no contingency case or event whatsoever, whether by reason shall the aggregate of acceleration of maturity (i) all interest on the unpaid balance of the indebtedness evidenced hereby Note, accrued or otherwise, shall paid from the amount date hereof and (ii) the aggregate of any other amounts accrued or paid or agreed to be paid pursuant to the Payee Note, the Deed of Trust or any of the other Loan Documents, which under applicable laws are or may be deemed to constitute interest upon the Debt from the date hereof, ever exceed the maximum rate of interest which could lawfully be contracted for, charged or received on the unpaid principal balance of the Debt. In this connection, it is expressly stipulated and agreed that it is the intent of the Borrower and the Lender to contract in strict compliance with the applicable usury laws of the State of Texas and of the United States (whichever pexxxx xxx xxxxxx xxxx xx xxxxxxxx) xxxx time to time in effect. In furtherance thereof, none of the terms of this Agreement, the Note, the Deed of Trust or any of the other Loan Documents shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the indebtedness evidenced hereby exceed Highest Lawful Rate. The Borrower or other Persons now or hereafter becoming liable for payment of the maximum amount which Debt shall never be liable for interest in excess of the Payee is permitted to receive Highest Lawful Rate. If under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at aggregate amounts paid on the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed Debt include amounts which by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as law are deemed interest an amount which would exceed the highest lawful rateHighest Lawful Rate, the Borrower stipulates that such amounts will be deemed to have been paid as a result of an error on the part of both the Borrower and the Lender and the Person receiving such excess payment shall promptly, upon discovery of such error or upon notice thereof from the Person making such payment, refund the amount which would be excessive interest shall be applied to of such excess or at the reduction of Lender's option, credit such excess against the unpaid principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunderDebt. To the extent permitted by applicable lawIn addition, all sums paid or agreed to be paid to the holder or holders of the Debt for the use, forbearance forbearance, or detention of the indebtedness evidenced Debt shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount Debt. The provisions of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision Section shall control every other provision of all agreements agreements, whether now or hereafter existing and whether written or oral, between the Maker Borrower and the PayeeLender.

Usury Savings Clause. All agreements between the Maker and the Payee are hereby expressly limited to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s 's Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.indebtedness

Usury Savings Clause. It is the intention of the parties to conform strictly to the usury laws, whether state or federal, that are applicable to the transaction of which this Deed of Trust is a part. All agreements between the Maker Trustor, or either of them, and the Payee Beneficiary, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid or agreed to be paid to the Payee by Trustor for the use, forbearance or detention of the indebtedness evidenced hereby money to be loaned or advanced under the Loan Agreement and other Transaction Documents, or any other agreement or instrument relating thereto, or for the payment or performance of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive permissible under applicable lawfederal or state usury laws. If, from If under any circumstances whatsoever, whatsoever fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereundersuch provision, at the time performance of such provision shall be due, shall involve transcending exceeding the limit of validity prescribed by law, then, ipso facto, then the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from . If under any circumstance the Payee circumstances Trustor shall ever receive as interest have paid an amount deemed interest by applicable law, which would exceed the highest lawful rate, such amount which that would be excessive interest under applicable usury laws shall be applied to the reduction of the principal balance of any amount owing in respect of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal and any other amounts due hereunder, the excess shall be refunded to Trustor. To the extent permitted by applicable law, all All sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced principal under any extension of credit or advancement of funds by this Note shall Beneficiary or the Lender Group shall, to the extent permitted by applicable law, and to the extent necessary to preclude exceeding the limit of validity prescribed by law, be amortized, prorated, allocated and spread throughout from the full term date of such indebtedness the Loan Agreement until payment in full, to full of the end Obligations so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, principal amounts is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. Lender and Borrower intend to comply at all times with applicable usury laws. All agreements between the Maker Lender and the Payee Borrower, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited to provide so that in no contingency or event whatsoevercontingency, whether by reason of demand or acceleration of the maturity of the indebtedness evidenced hereby Loan or otherwise, shall the amount interest contracted for, charged, received, paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby Lender exceed the maximum amount which the Payee is permitted to receive highest lawful rate permissible under applicable lawusury laws. If, from any circumstances whatsoever, circumstance whatsoever fulfillment of any provision hereof hereof, of the Note or of the any other Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, Documents shall involve transcending the limit of such validity prescribed by lawany law which a Court of competent jurisdiction may deem applicable hereto, then, then ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, ; and if from any circumstance the Payee Lender shall ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of the Loan, such excess shall be refunded to Borrower. To the extent permitted by applicable law, all sums All interest paid or agreed to be paid for to Lender shall, to the useextent permitted by Applicable Law, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness period until payment in fullfull of the principal so that the interest on the Loan for such full period shall not exceed the highest lawful rate. Borrower agrees that in determining whether or not any interest payment under the Loan Documents exceeds the highest lawful rate, any non-principal payment (except payments specifically described in the Loan Documents as "interest") including without limitation, prepayment fees and late charges, shall to the end that maximum extent not prohibited by law, be an expense, fee, premium or penalty rather than interest. Lender hereby expressly disclaims any intent to contract for, charge or receive interest in an amount which exceeds the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceilinghighest lawful rate. As used herein, the term “applicable law” shall mean the law in effect as The provisions of the date hereofNote, providedthis Agreement, howeverand all other Loan Documents are hereby modified to the extent necessary to conform with the limitations and provisions of this Section, that and this Section shall govern over all other provisions in the event any document or agreement now or hereafter existing. This Section shall never be superseded or waived unless there is a change in written document executed by the law which results in a higher permissible rate Lender and the Borrower, expressly declaring the usury limitation of interestthis Agreement to be null and void, then this Note and no other method or language shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeeto supersede or waive this paragraph.

Usury Savings Clause. All agreements between It is the Maker intention of the parties hereto to comply with applicable state and federal usury laws from time to time in effect. Accordingly, notwithstanding any provision to the Payee are hereby expressly limited to provide that contrary in this Note or any other document related hereto, in no contingency event (including, but not limited to, prepayment or event acceleration of the maturity of any obligation) will this Note or any such other document require the payment or permit the collection or receipt of interest in excess of the highest lawful rate. If under any circumstance whatsoever, whether by reason any provision of acceleration this Note or of maturity any other document pertaining hereto will provide for the payment, collection or receipt of interest in excess of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawhighest lawful rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall such circumstances Holder will ever receive anything of value as interest or deemed interest by applicable law under this Note or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest exceed the highest lawful rate shall be applied to the reduction of the principal balance amount owing under this Note or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) Maker to the PayeeHolder, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of this Note and such other indebtedness, such excess shall be refunded to Maker. To In determining whether or not the interest paid or payable with respect to any indebtedness of Maker to Holder, under any specified contingency, exceeds the highest lawful rate, Maker and Holder will, to the maximum extent permitted by applicable law, all sums paid (i) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(iii) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in full(including any extension or renewal) so that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (iv) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. Holder expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the event that the maturity of this Note is accelerated. If at any time the Interest Rate or the Default Rate, as applicable, exceeds the highest lawful rate, then the rate or at which interest shall accrue hereunder shall automatically be limited to the highest lawful rate, and shall remain at the highest lawful rate until the total amount of interest on account accrued hereunder equals the total amount of interest that would have accrued but for the operation of this sentence. Thereafter, interest shall accrue at the Interest Rate or the Default Rate, as applicable, unless and until such indebtedness does not exceed any applicable usury ceiling. As used hereinrate again exceeds the highest lawful rate, in which case the term “applicable law” immediately preceding sentence shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeeapply.

Usury Savings Clause. All Notwithstanding anything to the contrary contained elsewhere in this Agreement, Investor and Company hereby agree that all agreements between them under this Agreement and with respect to the Maker Debenture and the Payee Transaction Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid paid, or agreed to be paid paid, to the Payee Investor for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby money loaned to Company, or for the performance or payment of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive rate of interest under applicable lawlaw (the “Maximum Rate”). If, If from any circumstances circumstance whatsoever, fulfillment of any provision hereof or provisions of the Loan this Agreement or any Loan Document thereunder, at the time performance of such provision provisions shall be due, due shall involve transcending the limit of validity prescribed by law, then, ipso factoautomatically, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any such circumstance the Payee shall Investor should ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any amount owing with respect to the Debenture or Transaction Documents or on account of the Maker’s Obligations (as such term is defined in other indebtedness secured by the Loan Agreement) to the Payee, Transaction Documents and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid principal balance of the Debenture and such other indebtedness, such excess shall be refunded to Company. To All sums paid or agreed to be paid to Investor for the use, forbearance, or detention of the Debenture and other indebtedness of Company to Investor shall, to the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of all such indebtedness is uniform throughout the actual term (as extended by amendments, forbearance agreements and/or otherwise) of the Debenture or does not exceed any applicable usury ceiling. As used herein, the Maximum Rate throughout the entire term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate Debenture. The terms and provisions of interest, then this Note shall be governed by such new law as of its effective date. This provision Section 13 shall control every other provision of this Agreement and all other agreements between the Maker Company and the PayeeInvestor.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, any Notes, any of the other Loan Documents or any other document related hereto or thereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement, any Notes, any of the other Loan Documents or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso 63 59 facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Agents and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, any Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Loans or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to the Agents and the Lenders, under any specified contingency, exceeds the Highest Lawful Rate (as hereinafter defined), the Borrower, the Agents and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. To the rate or amount extent that Article 5069-1.04 of interest on account the Texas Revised Civil Statutes is relevant to the Agents and the Lenders for the purpose of such indebtedness does not exceed any applicable usury ceiling. As used hereindetermining the Highest Lawful Rate, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker Agents and the PayeeLenders hereby elect to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling form time to time in effect. Nothing set forth in this subsection 9.16 is intended to or shall limit the effect or operation of subsection 9.11.

Usury Savings Clause. All agreements between It is expressly stipulated and agreed to be the Maker intent of Borrowers and Lender at all times to comply with the Payee are hereby expressly limited applicable law governing the highest lawful interest rate. If the applicable law is ever judicially interpreted so as to provide that in no contingency render usurious any amount called for under the Notes or event whatsoeverunder any of the other Loan Documents, whether by reason of or contracted for, charged, taken, reserved or received with respect to the loan evidenced thereby, or if acceleration of the maturity of the indebtedness evidenced hereby Notes, any prepayment by Borrowers, or otherwiseany other circumstance whatsoever, shall results in Borrowers having paid any interest in excess of that permitted by applicable law, then it is the express intent of Borrowers and Lender that all excess amounts theretofore collected by Lender be credited on the principal balance of the Notes (or, at Lender’s option, paid over to Borrowers), and the provisions of the Notes and other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Notes does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to the Payee Lender for the use, forbearance or detention of the indebtedness Secured Obligations evidenced hereby exceed or by the maximum amount which the Payee is permitted Notes shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness Secured Obligations until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness Secured Obligations does not exceed any the maximum rate or amount of interest permitted under applicable usury ceilinglaw. As used herein, the The term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All The provisions of this Agreement and of all agreements between the Maker Borrower, Parent and the Payee Guarantor, whether now existing or hereafter arising and whether written or oral, are hereby and shall be expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount contracted for, charged, received, paid or agreed to be paid to the Payee Guarantor for the use, forbearance or detention retention of the indebtedness evidenced hereby money to be advanced hereunder or under the Interest Guaranty on behalf of Borrower (“Interest”) shall exceed the maximum amount which the Payee is permitted to receive permissible under applicable law. If, from any circumstances circumstance whatsoever, performance or fulfillment of any provision hereof hereof, or of any agreement between Borrower, Parent and the Loan Agreement or any Loan Document thereunderGuarantor shall, at the time performance or fulfillment of such provision shall be due, shall involve transcending exceed the limit of validity for Interest prescribed by law, then, then ipso facto, facto the obligation to be performed or fulfilled shall automatically be reduced to the such limit of such validityand if, and if from any circumstance the Payee shall whatsoever, Guarantor should ever receive as interest an amount which would exceed anything of value deemed Interest by applicable law in excess of the highest maximum lawful rateamount, such the amount which would be excessive interest Interest shall be applied to the reduction of the principal balance owing hereunder, whether or not then due and payable, or, at the option of any of Guarantor, be paid over to Borrower or Parent, as the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payeecase may be, and not to the payment of interest hereunderInterest. To All Interest (including any amounts or payments deemed to be Interest) paid or agreed to be paid to Guarantor shall, to the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness period until payment in full, to full of the end principal balance due hereunder so that the rate or amount of interest on account of Interest hereon for such indebtedness does full period will not exceed any applicable usury ceiling. As used herein, the term “maximum amount permitted by applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee[Signature page follows.] COUNTERPART SIGNATURE PAGE TO REIMBURSEMENT AGREEMENT

Usury Savings Clause. All agreements between (a) It is the Maker intention of the parties hereto to comply with applicable state and federal usury laws (now or hereafter enacted). Accordingly, notwithstanding any provision to the Payee are hereby expressly limited to provide that contrary in this Note, in no contingency event (including, but not limited to, prepayment or event whatsoever, whether by reason of acceleration of the maturity of any obligation) shall this Note require the indebtedness evidenced hereby payment or otherwise, shall permit the amount paid or agreed to be paid to the Payee for the use, forbearance or detention collection of interest in excess of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawHighest Lawful Rate. If, from under any circumstances circumstance whatsoever, fulfillment of any provision hereof of this Note shall provide for the payment or collection of interest in excess of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawHighest Lawful Rate, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Subordinated Creditor shall ever receive anything of value as interest or deemed interest by applicable law under this Note or otherwise an amount which that would exceed the highest lawful rateHighest Lawful Rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under this Note or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) Payor to the PayeeSubordinated Creditor, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of this Note and such other indebtedness, such excess shall be refunded to Payor. To In determining whether or not the interest paid or payable with respect to any indebtedness of Payor to the Subordinated Creditor, under any specified contingency, exceeds the Highest Lawful Rate, Payor and the Subordinated Creditor shall, to the maximum extent permitted by applicable law, all sums paid (i) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (ii) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(iii) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (iv) allocate interest between portions of such indebtedness, to the end that the no such portion shall bear interest at a rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “greater than that permitted by applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements Any provision herein, in any other document securing the payment of this Note, or in any other agreement or commitment between the Maker COPsync and the Payee are hereby expressly limited to provide that in no contingency or event whatsoeverPayee, whether written or oral, expressed or implied, to the contrary notwithstanding, Payee shall never be entitled to charge, receive, or collect, nor shall amounts received hereunder be credited as interest so that Payee shall be paid, a sum greater than interest at the maximum nonusurious interest rate, if any, that at any time may be contracted for, charged, received, or collected on the indebtedness evidenced by reason this Note under applicable law (the “Maximum Rate”). It is the intention of the parties that this Note, and all other instruments securing the payment of this Note or executed or delivered in connection herewith, shall comply with applicable law. If Payee ever contracts for, charges, receives, or collects, anything of value which is deemed to be interest under applicable law, and if the occurrence of any circumstance or contingency, whether acceleration of maturity of the indebtedness evidenced hereby this Note, delay in advancing proceeds of this Note; or otherwiseother event, shall the amount paid or agreed should cause such interest to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, interest at the time performance of Maximum Rate, any such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an excess amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note or any of the Maker’s Obligations (as such term is defined in the Loan Agreement) other indebtedness owed to the PayeePayee by COPsync, and if this Note and such other indebtedness is paid in full, any remaining excess shall be paid to COPsync. In determining whether or not to the payment interest hereon exceeds interest at the Maximum Rate, the total amount of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full entire term of such indebtedness this Note until its payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results full in a higher permissible manner which will cause the interest rate of interest, then on this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between not to exceed the Maker and the PayeeMaximum Rate.

Usury Savings Clause. All Notwithstanding anything to the contrary contained elsewhere in this Agreement, Borrower and Lender hereby agree that all agreements between them with respect to the Maker and Loan, including but not limited to the Payee Loan Documents, whether now existing or hereafter arising are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid paid, or agreed to be paid paid, to the Payee Lender for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby money loaned to Borrower, or for the performance or payment of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive rate of interest under applicable lawlaw (the "Maximum Rate"). If, If from any circumstances circumstance whatsoever, fulfillment of any provision hereof provisions of this Agreement or of the Loan Agreement or any Loan Document thereunder, Documents at the time performance of such provision provisions shall be due, shall due would involve transcending the limit of validity prescribed by law, then, ipso factoautomatically, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall Lender should ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any amount owing with respect to the Loan or on account of the Maker’s Obligations (as such term is defined in other indebtedness secured by the Loan Agreement) to the Payee, Documents or Borrower's Loan Documents and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid principal balance of the Loan and such other indebtedness, such excess shall be refunded to Borrower. To the extent permitted by applicable law, all All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan and other indebtedness evidenced of Borrower to Lender shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of all such indebtedness is uniform throughout the actual term of the Loan and does not exceed any applicable usury ceiling. As used herein, the Maximum Rate throughout the entire term “applicable law” shall mean the law in effect as of the date hereofLoan, provided, however, that in the event there is a change in the law which results in a higher permissible rate as appropriate. The terms and provisions of interest, then this Note shall be governed by such new law as of its effective date. This provision Section 11 shall control every other provision of this Agreement and all other agreements between the Maker Borrower and the PayeeLender.

Usury Savings Clause. All Notwithstanding anything to the contrary contained elsewhere in this Agreement, Borrower and Lender hereby agree that all agreements between them with respect to the Maker and Loan, including but not limited to the Payee Loan Documents, whether now existing or hereafter arising are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid paid, or agreed to be paid paid, to the Payee Lender for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby money loaned to Borrower, or for the performance or payment of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive rate of interest under applicable lawlaw (the” Maximum Rate”). If, If from any circumstances circumstance whatsoever, fulfillment of any provision hereof provisions of this Agreement or of the Loan Agreement or any Loan Document thereunder, Documents at the time performance of such provision provisions shall be due, shall due would involve transcending the limit of validity prescribed by law, then, ipso factoautomatically, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall Lender should ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any amount owing with respect to the Loan or on account of the Maker’s Obligations (as such term is defined in other indebtedness secured by the Loan Agreement) to the Payee, Documents or Borrower’s Loan Documents and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid principal balance of the Loan and such other indebtedness, such excess shall be refunded to Borrower. To the extent permitted by applicable law, all All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan and other indebtedness evidenced of Borrower to Lender shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of all such indebtedness is uniform throughout the actual term of the Loan and does not exceed any applicable usury ceiling. As used herein, the Maximum Rate throughout the entire term “applicable law” shall mean the law in effect as of the date hereofLoan, provided, however, that in the event there is a change in the law which results in a higher permissible rate as appropriate. The terms and provisions of interest, then this Note shall be governed by such new law as of its effective date. This provision Section 12 shall control every other provision of this Agreement and all other agreements between the Maker Borrower and the PayeeLender.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, the Revolving Credit Notes, any of the other Loan Documents or any other document related hereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such 77 other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, the Revolving Credit Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Revolving Credit Notes or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the Highest Lawful Rate (as hereinafter defined), the Borrower, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. To the rate or amount extent that Article 5069-1D.001 et seq., as amended, of interest on account the Texas Revised Civil Statutes is relevant to the Administrative Agent and the Lenders for the purpose of such indebtedness does not exceed any applicable usury ceiling. As used hereindetermining the Highest Lawful Rate, the term “Administrative Agent and the Lenders hereby elect to determine the applicable law” rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect. Nothing set forth in this Section 11.11 is intended to or shall mean limit the law in effect as or operation of Section 11.12. In no event shall Chapter 346 of the date hereof, provided, however, that in Texas Finance Code (which regulates certain revolving credit loan accounts) apply to this Agreement or the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeRevolving Credit Notes.

Usury Savings Clause. All agreements between It is the Maker express intent hereof that Borrower not pay and the Payee are hereby expressly limited to provide that Lender not receive, directly or indirectly in no contingency or event any manner whatsoever, whether interest in excess of that which may be legally paid by reason Borrower under applicable law, and this Note is subject to the express condition that at no time shall Borrower be obligated or required to pay, nor shall Lender be permitted to collect, interest on the Principal Balance at a rate which could subject Lender to either civil or criminal liability as a result of acceleration being in excess of the maximum rate which Borrower is permitted by law to agree to pay. If any such excess amount of interest is contracted for, charged, paid, received or applied under the Loan Documents or this Note, or in the event the maturity of the indebtedness evidenced secured hereby is accelerated in whole or otherwisein part or all or part of the principal of or interest on the Note shall be prepaid, shall so that under any of such circumstances the amount paid of interest contracted for, charged, paid, received or agreed applied under the Loan Documents or this Note on the amount of principal actually outstanding from time to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby time under this Note shall exceed the maximum amount of interest permitted by applicable law, then in any such event (a) neither Borrower nor any other person liable for payment of the indebtedness secured hereby shall be obligated to pay the amount of such interest to the extent that it is in excess of the maximum amount of interest permitted by applicable law, (b) any such excess which may have been collected shall, at Xxxxxx's option, either be applied as a credit against the Payee is permitted then unpaid principal amount of this Note or refunded to receive Borrower and (c) the effective rate of interest shall be automatically reduced to the maximum lawful rate of interest allowed under applicable law, as now or hereafter construed by the courts having jurisdiction thereof. If, from any circumstances whatsoever, fulfillment of any provision hereof or Without limiting the generality of the foregoing, all calculations of the rate of interest contracted for, charged or received under the Loan Agreement Documents or any Loan Document thereunder, at this Note which are made for the time performance purposes of determining whether such provision rate exceeds the maximum amount of interest permitted by applicable law shall be duemade, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of this Note, all sums paid interest at any time contracted for, charged or agreed to be paid for the use, forbearance or detention of received in connection with the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeNote.

Usury Savings Clause. All Notwithstanding anything to the contrary contained elsewhere in this Agreement, Borrower and Lender hereby agree that all agreements between them under this Agreement and with respect to the Maker Debenture and the Payee Loan Documents, whether now existing or hereafter arising and whether written or oral, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid paid, or agreed to be paid paid, to the Payee Lender for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby money loaned to Borrower, or for the performance or payment of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive rate of interest under applicable lawlaw (the “Maximum Rate”). If, If from any circumstances circumstance whatsoever, fulfillment of any provision hereof or provisions of the Loan this Agreement or any Loan Document thereunder, at the time performance of such provision provisions shall be due, due shall involve transcending the limit of validity prescribed by law, then, ipso factoautomatically, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any such circumstance the Payee shall Lender should ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any amount owing with respect to the Debenture or Loan Documents or on account of the Maker’s Obligations (as such term is defined in other indebtedness secured by the Loan Agreement) to the Payee, Documents and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid principal balance of the Debenture and such other indebtedness, such excess shall be refunded to Borrower. To All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the Debenture and other indebtedness of Borrower to Lender shall, to the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of all such indebtedness is uniform throughout the actual term (as extended by amendments, forbearance agreements and/or otherwise) of the Debenture or does not exceed any applicable usury ceiling. As used herein, the Maximum Rate throughout the entire term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate Debenture. The terms and provisions of interest, then this Note shall be governed by such new law as of its effective date. This provision paragraph 8 shall control every other provision of this Agreement and all other agreements between the Maker Borrower and the PayeeLender.

Usury Savings Clause. It is the intention of the parties to conform strictly to the usury laws, whether state or federal, that are applicable to the transaction of which this Deed of Trust is a part. All agreements between the Maker Trustor, or either of them, and the Payee Beneficiary, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid or agreed to be paid to the Payee by Trustor for the use, forbearance or detention of the indebtedness evidenced hereby money to be loaned or advanced under the Indenture, the Notes, this Deed of Trust, any other Collateral Document, or any other agreement or instrument relating thereto, or for the payment or performance of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive permissible under applicable lawfederal or state usury laws. If, from If under any circumstances whatsoever, whatsoever fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereundersuch provision, at the time performance of such provision shall be due, shall involve transcending exceeding the limit of validity prescribed by law, then, ipso facto, then the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from . If under any circumstance the Payee circumstances Trustor shall ever receive as interest have paid an amount deemed interest by applicable law, which would exceed the highest lawful rate, such amount which that would be excessive interest under applicable usury laws shall be applied to the reduction of the principal balance of any amount owing in respect of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal and any other amounts due hereunder, the excess shall be refunded to Trustor. To the extent permitted by applicable law, all All sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced principal under any extension of credit or advancement of funds by this Note shall Beneficiary or any Holder shall, to the extent permitted by applicable law, and to the extent necessary to preclude exceeding the limit of validity prescribed by law, be amortized, prorated, allocated and spread throughout from the full term date of such indebtedness the Indenture until payment in full, to full of the end Obligations so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, principal amounts is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, any Notes, any of the other Loan Documents or any other document related hereto or thereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement, any Notes, any of the other Loan Documents or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, any Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Loans or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeCompany or any Subsidiary Borrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Company or the relevant Subsidiary Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Company or any Subsidiary Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the highest lawful rate, the Company, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. Release of Mortgages . At such time as the rate Loans, the Reimbursement Obligations and the other Obligations shall have been paid in full, the Commitments have been terminated and no Letter of Credit shall be outstanding, the Administrative Agent shall, at the request and sole expense of any Loan Party, take such actions as are reasonably necessary or amount desirable to release the relevant Collateral from the Liens created by the Mortgages, and cause the Mortgages and all obligations (other than those expressly stated to survive such termination) of interest on account the Administrative Agent and each Loan Party thereunder to terminate. If any of the Collateral subject to a Mortgage shall be sold, transferred or otherwise disposed of by any Loan Party in a transaction permitted by the Credit Agreement, then the Administrative Agent, at the request and sole expense of such indebtedness does not exceed any applicable usury ceiling. As used hereinLoan Party, shall execute and deliver to such Loan Party all releases or other documents reasonably necessary or desirable for the term “applicable law” shall mean the law in effect as release of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed Lien created by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeMortgage on such Collateral.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, any Notes, any of the other Loan Documents or any other document related hereto or thereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement, any Notes, any of the other Loan Documents or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, any Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful raterate of interest permitted by applicable law, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Loans or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeCompany, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Company. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Company to the Administrative Agent and the Lenders, under any specified contingency, exceeds the highest lawful rate, the Company, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that the no such portion shall bear interest at a rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “greater than that permitted by applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.[Signature pages to follow] 105

Usury Savings Clause. It is the intention of the parties to conform -------------------- strictly to the usury laws, whether state or federal, that are applicable to the transaction of which this Deed of Trust is a part. All agreements between the Maker Trustors, or either of them, and the Payee Beneficiary, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid or agreed to be paid to the Payee by Trustors for the use, forbearance or detention of the indebtedness evidenced hereby money to be loaned or advanced under the Indenture, the Notes, the Completion Capital Commitment, this Deed of Trust, any other Collateral Document, or any other agreement or instrument relating thereto, or for the payment or performance of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive permissible under applicable lawfederal or state usury laws. If, from If under any circumstances whatsoever, whatsoever fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereundersuch provision, at the time performance of such provision shall be due, shall involve transcending exceeding the limit of validity prescribed by law, then, ipso facto, then the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from . If under any circumstance the Payee circumstances Trustors shall ever receive as interest have paid an amount deemed interest by applicable law, which would exceed the highest lawful rate, such amount which that would be excessive interest under applicable usury laws shall be applied to the reduction of the principal balance of any amount owing in respect of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal and any other amounts due hereunder, the excess shall be refunded to the Trustors. To the extent permitted by applicable law, all All sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced principal under any extension of credit or advancement of funds by this Note shall the Beneficiary or any Holder shall, to the extent permitted by applicable law, and to the extent necessary to preclude exceeding the limit of validity prescribed by law, be amortized, prorated, allocated and spread throughout from the full term date of such indebtedness the Indenture until payment in full, to full of the end Obligations so that the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, principal amounts is uniform throughout the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payee.

Usury Savings Clause. All agreements between Notwithstanding any provision to the Maker and contrary contained in this Agreement or in any of the Payee are hereby other Credit Documents, it is expressly limited to provide provided that in no contingency case or event whatsoever, whether by reason shall the aggregate of acceleration of maturity (a) all interest on the unpaid balance of the indebtedness evidenced hereby Note, accrued or otherwise, shall paid from the amount date hereof and (b) the aggregate of any other amounts accrued or paid or agreed to be paid pursuant to the Payee Note or any of the other Credit Documents, which under applicable laws are or may be deemed to constitute interest upon the Debt from the date hereof, ever exceed the Ceiling Rate. In this connection, it is expressly stipulated and agreed that it is the intent of the Borrower and the Lender to contract in strict compliance with the applicable usury laws of the Sxxxx xx Xxxxx xxx xx xxx Xxxxxx Xxxxxx (whichever permit the higher rate of interest) from time to time in effect. In furtherance thereof, none of the terms of this Agreement or any of the other Credit Documents shall ever be construed to create a contract to pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the indebtedness evidenced hereby exceed Ceiling Rate. The Obligors or other Persons now or hereafter becoming liable for payment of the maximum amount which Debt shall never be liable for interest in excess of the Payee is permitted to receive Ceiling Rate. If under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at aggregate amounts paid on the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed Debt include amounts which by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as law are deemed interest an amount which would exceed the highest lawful rateCeiling Rate, the Borrower stipulates that such amount which would amounts will be excessive interest shall be applied deemed to have been paid as a result of an error on the reduction part of the Borrower, the Lender, and the Person receiving such excess payment shall promptly, upon discovery of such error or upon notice thereof from the Person making such payment, refund the amount of such excess or, at the Lender’s option, credit such excess against the unpaid principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunderDebt. To the extent permitted by applicable lawIn addition, all sums paid or agreed to be paid to the holder or holders of the Debt for the use, forbearance forbearance, or detention of the indebtedness evidenced Debt shall, to the extent required to avoid or minimize usury and to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end Debt so that the interest rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceilingthe Ceiling Rate. As used herein, the term “applicable law” shall mean the law in effect as The provisions of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision Section shall control every other provision of all agreements between agreements, whether now or hereafter existing and whether written or oral, among the Maker Borrower, and the PayeeLender.

Usury Savings Clause. All agreements between It is the Maker intent of Borrower and Lender in the Payee are hereby expressly limited to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity making of the indebtedness evidenced hereby Loan to contract in strict compliance with applicable usury law. In furtherance thereof, Borrower and Lender stipulate and agree that none of the terms and provisions contained herein, or otherwisein any of the applicable Documents, or in any other instrument executed in connection herewith, shall the amount paid or agreed ever be construed to be paid create a contract to the Payee pay for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby exceed money, interest at a rate in excess of the maximum amount which the Payee is interest rate permitted to receive be charged by applicable law; that neither Borrower nor any guarantor, endorser, or other party now or hereafter becoming liable for payment of the Loan shall ever be required to pay interest on the Loan at a rate in excess of the maximum interest that may be lawfully charged under applicable law, and the provisions of this Section 9.01 shall control over all other provisions of this Agreement, the Note, the Instrument, any Documents, and any other instruments now or hereafter executed in connection herewith which may be in apparent conflict herewith. If, from Lender expressly disavows any circumstances whatsoever, fulfillment of any provision hereof intention to charge or collect excessive or unearned interest or finance charges in the event that maturity of the Loan Agreement or any is accelerated. If the maturity of the Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending accelerated for any reason or if the limit principal of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced Loan is paid prior to the limit end of such validitythe term of the Loan, and if from any circumstance as a result thereof the Payee shall ever receive as interest an amount which would exceed received for the highest actual period of existence of the Loan exceeds the applicable maximum lawful rate, Lender shall, at its option, either refund to Borrower the amount of such excess or credit the amount of such excess against the Balance (without Spread Maintenance and/or Breakage Fee) and thereby shall render inapplicable any and all penalties of any kind provided by applicable law as a result of such excess interest. In the event that Lender or any other holder of the Loan shall contract for, charge, or receive any amount or amounts which are deemed to constitute interest which would be excessive increase the effective interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in rate on the Loan Agreement) to the Payee, and not a rate in excess of that permitted to the payment of interest hereunder. To the extent permitted be charged by applicable law, all sums paid such amounts deemed to constitute interest in excess of the lawful rate shall, upon such determination, at the option of Lender (or agreed other holder of the Loan), be either immediately returned to Borrower or credited against the Balance (without Spread Maintenance and/or Breakage Fee), in which event any and all penalties of any kind under applicable law as a result of such excess interest shall be inapplicable. By execution of this Agreement, Borrower acknowledges that it believes the Loan to be paid for non-usurious, and agree that if, at any time, Borrower should have reason to believe that the useLoan is in fact usurious, forbearance it will give Lender (or detention other holder of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term Loan) notice of such indebtedness until payment condition, and Borrower agrees that Lender (or other holder of the Loan) shall have ninety (90) days in full, which to the end that the rate make appropriate refund or amount of interest on account of other adjustment in order to correct such indebtedness does not exceed any applicable usury ceilingcondition if in fact such exists. As used herein, the The term “applicable law” as used in this Section 9.01 shall mean the law in effect as laws of the date hereofState of Texas or the laws of the United States, provided, however, that in whichever laws allow the event there is a change in the law which results in a higher permissible greater rate of interest, then this Note shall as such laws now exist or may be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between changed or amended or come into effect in the Maker and the Payeefuture.”

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, the Notes, any of the other Loan Documents or any other document related hereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent, the Collateral Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, the Notes, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing under the Notes or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the Highest Lawful Rate (as hereinafter defined), the Borrower, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. To the rate or amount extent that Article 5069-1D.001 et seq., as amended, of interest on account the Texas Revised Civil Statutes is relevant to the Administrative Agent and the Lenders for the purpose of such indebtedness does not exceed any applicable usury ceiling. As used hereindetermining the Highest Lawful Rate, the term “Administrative Agent and the Lenders hereby elect to determine the applicable law” rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect. Nothing set forth in this Section 11.11 is intended to or shall limit the effect or operation of Section 11.12. In no event shall Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts) apply to this Agreement or the Revolving Credit Notes. For purposes of this Section 11.11, "Highest Lawful Rate" shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible maximum rate of interestnonusurious interest that may be contracted for, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between charged, taken, reserved or received on the Maker Notes under laws applicable to the Administrative Agent and the PayeeLenders.

Usury Savings Clause. All agreements between Notwithstanding anything to the Maker and contrary in this Amendment, the Payee are hereby expressly limited to provide that Note or any other Loan Document, or in no contingency any other agreement entered into in connection with the Note or event whatsoeversecuring the indebtedness evidenced by the Note, whether now existing or hereafter arising and SIXTH AMENDMENT(TYLER) PAGE 4 whether written or oral, it is agreed that the aggregate of all interest and other charges constituting interest, or adjudicated as constituting interest, and contracted for, chargeable or receivable under the Note or otherwise in connection with the Note shall under no circumstances exceed the maximum rate of interest permitted by applicable law. In the event the maturity of the Note is accelerated by reason of acceleration of maturity of an election by the indebtedness evidenced hereby holder thereof resulting from a default thereunder or under any other document executed as security therefor or in connection therewith, or by voluntary prepayment by the maker, or otherwise, then earned interest may never include more than the maximum rate of interest permitted by applicable law. If from any circumstance any holder of any of the Note shall ever receive interest or any other charges constituting interest, or adjudicated as constituting interest, the amount, if any, which would exceed the maximum rate of interest permitted by applicable law shall be applied to the reduction of the principal amount owing on such Note or on account of any other principal indebtedness of the maker to the holders of such Note, and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal thereof and such other indebtedness, the amount of such excessive interest that exceeds the unpaid balance of principal thereof and such other indebtedness shall be refunded to the maker. All sums paid or agreed to be paid to the Payee holder of the Note for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at maker to the time performance holder of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to full for the end that purpose of determining the actual rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, is uniform throughout the term “applicable law” shall mean thereof. The terms "maximum amount" or "maximum rate" as used in this Amendment or the law Note, or in effect any other agreement entered into in connection with the Note or securing the indebtedness evidenced by the Note, whether now existing or hereafter arising and whether written or oral, include, as to Chapter 303 of the date hereofTexas Finance Code (and as same may be incorporated by reference in other statutes of the State of Texas), but otherwise without limitation, that rate based upon the "weekly ceiling"; provided, however, that in this designation shall not preclude the event there is a change in the law which results in a higher permissible rate of interestinterest contracted for, then this Note shall be charged or received in connection with the Loan from being governed by such new law as of its effective date. This provision shall control every by, or construed in accordance with, any other provision of all agreements between the Maker and the Payeestate or federal law.

Usury Savings Clause. All agreements between If (i) the Maker and the Payee are hereby expressly limited applicable law is ever revised, repealed, or judicially interpreted so as to provide that in no contingency render usurious any amount called for under this Note, or event whatsoevercontracted for, whether by reason of acceleration of maturity of charged, taken, reserved, or received with respect to the indebtedness evidenced hereby by this Note; (ii) Lender exercises the option to accelerate the maturity of this Note; or otherwise(iii) any prepayment by Borrower results in Borrower’s having paid any interest in excess of that permitted by law, Lender and Borrower expressly intend that the following will occur without the necessity of the execution of any new document: (A) Lender shall credit all excess amounts already collected to the principal balance of this Note, or, if this Note has been paid in full, shall refund the excess amounts to Borrower; (B) the provisions of this Note automatically shall be reformed to comply with the then applicable law in the manner that permits recovery by Lender of the fullest amount paid otherwise called for under this Note; and (C) the amounts thereafter collectable under this Note shall be reduced. The right to accelerate maturity of this Note does not include the right to accelerate any interest that has not accrued on the date of the acceleration, and Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid, or agreed to be paid to the Payee paid, by Borrower for the use, forbearance forbearance, detention, taking, charging, receiving, or detention reserving of the indebtedness evidenced hereby exceed of Borrower to Lender under this Note shall, to the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated allocated, and spread throughout the full term of such the indebtedness until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness does not exceed any applicable the usury ceiling. As used herein, the term “applicable law” shall mean the law ceiling from time to time in effect and applicable to such indebtedness for so long as of the date hereof, provided, however, that in the event there such indebtedness is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeeoutstanding.

Usury Savings Clause. All agreements between It is expressly stipulated and agreed to be the Maker intent of Beneficiary and Grantor at all times to comply with the Payee are hereby expressly limited applicable law governing the highest lawful interest rate. If the applicable law is ever judicially interpreted so as to provide that in no contingency render usurious any amount called for under the Note or event whatsoeverunder any of the other Loan Documents, whether by reason of or contracted for, charged, taken, reserved or received with respect to the Loan, or if acceleration of the maturity of the indebtedness evidenced hereby Note, any prepayment by Grantor, or otherwiseany other circumstance whatsoever, shall results in Grantor having paid any interest in excess of that permitted by applicable law, then it is the express intent of Grantor and Beneficiary that all excess amounts theretofore collected by Beneficiary be credited on the principal balance of the Note (or, at Beneficiary’s option, paid over to Grantor), and the provisions of the Note and other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Beneficiary does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to the Payee Beneficiary for the use, forbearance or detention of the indebtedness Secured Obligations evidenced hereby exceed or by the maximum amount which the Payee is permitted Note shall, to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness Secured Obligations until payment in full, to the end full so that the rate or amount of interest on account of such indebtedness Secured Obligations does not exceed any the maximum rate or amount of interest permitted under applicable usury ceilinglaw. As used herein, the The term “applicable law” as used herein shall mean any federal or state law applicable to the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeLoan.

Usury Savings Clause. All Notwithstanding anything to the contrary contained elsewhere in this Agreement, Borrower and Lender hereby agree that all agreements between them with respect to the Maker and Loan, including but not limited to the Payee Loan Documents, whether now existing or hereafter arising are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid paid, or agreed to be paid paid, to the Payee Lender for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby money loaned to Borrower, or for the performance or payment of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive rate of interest under applicable lawlaw (the "Maximum Rate"). If, If from any circumstances circumstance whatsoever, fulfillment of any provision hereof provisions of this Agreement or of the Loan Agreement or any Loan Document thereunder, Documents at the time performance of such provision provisions shall be due, shall due would involve transcending the limit of validity prescribed by law, then, ipso factoautomatically, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall Lender should ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any amount owing with respect to the Loan or on account of the Maker’s Obligations (as such term is defined in other indebtedness secured by the Loan Agreement) to the Payee, Documents or Borrower's Loan Documents and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid principal balance of the Loan and such other indebtedness, such excess shall be refunded to Borrower. To the extent permitted by applicable law, all All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan and other indebtedness evidenced of Borrower to Lender shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of all such indebtedness is uniform throughout the actual term of the Loan and does not exceed any applicable usury ceiling. As used herein, the Maximum Rate throughout the entire term “applicable law” shall mean the law in effect as of the date hereofLoan, provided, however, that in the event there is a change in the law which results in a higher permissible rate as appropriate. The terms and provisions of interest, then this Note shall be governed by such new law as of its effective date. This provision Section 13 shall control every other provision of this Agreement and all other agreements between the Maker Borrower and the PayeeLender.

Usury Savings Clause. All agreements between It is the Maker intent of Lender and the Payee are hereby expressly limited Borrower to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee comply at all times with applicable usury laws. If at any time such laws would render usurious any amounts called for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunderDocuments, at the time performance of then it is Borrower’s and Lender’s express intention that such provision shall excess amount be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of immediately credited on the principal balance of the Note (or, if the Note has been fully paid, refunded by Lender to Borrower, and Borrower shall accept such refund), and the provisions hereof and thereof be immediately deemed to be reformed and the amounts thereafter collectible hereunder reduced to comply with the then applicable laws, without the necessity of the execution of any further documents, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. Any such crediting or refund shall not cure or waive any default by Borrower under any of the Maker’s Obligations (as Loan Documents. If at any time following any such term is defined reduction in the Loan Agreement) interest rate payable by Borrower, there remains unpaid any principal amounts under the Note and the maximum interest rate permitted by law is increased or eliminated, then the interest rate payable hereunder shall be readjusted, to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end so that the rate or total dollar amount of interest on account payable hereunder shall be equal to the dollar amount of such indebtedness does not exceed any interest which would have been paid by Borrower without giving effect to the reduction in interest resulting from compliance with the applicable usury ceilinglaws theretofore in effect. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, providedBorrower agrees, however, that in determining whether or not any interest payable under any of the event there Loan Documents is a change usurious, any non-principal payment (except payments specifically stated in the law which results Note or in a higher permissible rate of any other Loan Documents to be interest), then this Note including, without limitation, prepayment fees and late charges, shall be governed deemed to the extent permitted by such new law as of its effective datelaw, to be an expense, fee, premium or penalty rather than interest. This provision shall control every other provision of all agreements between the Maker and the Payee.7.19

Usury Savings Clause. All agreements between It is the Maker intention of the Company and the Payee are hereby expressly limited holder of this Convertible Note to provide comply with applicable usury laws; accordingly, it is agreed that notwithstanding any provisions to the contrary in this Convertible Note, in no contingency event shall this Convertible Note and/or any other instrument or event whatsoeverdocument executed in connection with this Convertible Note require or permit the payment, whether by reason charge or receipt of acceleration interest, as defined under applicable usury laws, in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, from If any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the Payee, and not to the payment excess of interest hereunder. To is contracted for, charged, taken, reserved or received under this Convertible Note, or if the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention maturity of the indebtedness evidenced by this Convertible Note is accelerated, in whole or in part, or in the event that all or part of the principal of or interest on this Convertible Note shall be amortizedprepaid, prorated, allocated and spread throughout the full term so that under any of such indebtedness until circumstances the amount of interest contracted for, charged, taken, reserved or received under this Convertible Note on the amount of principal actually outstanding from time to time under this Convertible Note shall exceed the maximum amount of interest permitted by applicable usury laws, then in any such event (a) the provisions of this paragraph shall govern and control, (b) neither the Company nor any other party now or hereafter liable for the payment of this Convertible Note shall be obligated to pay the amount of such interest to the extent that it is in fullexcess of the maximum amount of interest permitted to be contracted for by, charged to, taken, reserved or received from the party obligated thereon under applicable usury laws, (c) any such excess which may have been collected either shall be applied as a credit against the then unpaid principal amount on this Convertible Note or refunded to the party paying the same, at the holder’s option, (d) any such excess which may have been charged shall be canceled ab initio and be of no force or effect, and (e) the effective rate of interest shall be automatically reduced to the maximum lawful rate of interest permitted under applicable usury laws as now or hereafter construed by the courts having jurisdiction thereof. It is further agreed that, without limitation of the foregoing, all calculations of the rate of interest contracted for, charged, taken, reserved or received under this Convertible Note, which are made for the purpose of determining whether such rate exceeds the maximum lawful rate of interest shall be made, to the end that the rate or amount of interest on account of such indebtedness does not exceed any extent permitted by applicable usury ceiling. As used hereinlaws, by amortizing, prorating, allocating and spreading in equal parts during the term “applicable law” shall mean the law in effect as period of the date hereoffull stated term of the indebtedness evidenced by this Convertible Note, providedall interest at any time contracted for, however, that charged or received from the Company or otherwise by the holder or holders hereof in the event there is a change in the law which results in a higher permissible rate of interest, then connection with this Note shall be governed by such new law as of its effective dateConvertible Note. This provision shall control every other provision of all agreements between the Maker and the Payee.Convertible Note

Usury Savings Clause. All agreements between the Maker and the Payee are hereby expressly limited to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment Regardless of any provision hereof contained in this Note or of the Loan Agreement or any Loan Document thereunder, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any of the Maker’s Obligations other Note Documents, (a) Payee shall never be deemed to have contracted for or be entitled to receive, collect, or apply as interest on this Note any amount in excess of the maximum rate of non-usurious interest permitted by applicable law; (b) in no event shall Maker be obligated to pay interest exceeding such term is defined maximum legal rate; and (c) all agreements, conditions, or stipulations, if any, that may in any event or contingency whatsoever operate to bind, obligate, or compel Maker to pay a rate of interest exceeding the Loan Agreement) maximum legal rate shall be without binding force or effect, at law or in equity, to the extent only of the excess of interest over such maximum legal rate. If any interest is charged in excess of the maximum legal rate (hereinafter referred to as "EXCESS"), Maker acknowledges and stipulates that any such charge shall be the result of an accidental and bona fide error, and such Excess shall be first applied to reduce the principal then unpaid hereunder; second, applied to any other obligation of Maker to Payee, and third, returned to Maker, it being the intention of the parties hereto not to enter at any time into an usurious or other illegal relationship. Maker recognizes that such an unintentional result could inadvertently occur. By the payment execution of this Note, Maker covenants that (a) the credit or return of any Excess shall constitute the acceptance by Maker of such Excess and (b) Maker shall not seek or pursue any other remedy, legal or equitable, against Payee or any holder hereof based, in whole or in part, upon the charging or receiving of any interest hereunderin excess of the maximum legal rate. To For the purpose of determining whether or not any Excess has been contracted for, charged, or received by Payee, Payee and Maker shall, to the maximum, extent permitted by applicable law, (a) characterize any non-principal payment (other than payments that are expressly designated as interest payments under this Note) as an expense, fee, or premium and not as interest; (b) exclude the effects of voluntary prepayments; and (c) spread, amortize, prorate, and allocate all sums paid interest at any time contracted for, charged, or agreed to be paid for received by Payee in equal parts during the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full entire term of such indebtedness until payment in full, to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeNote.

Usury Savings Clause. All agreements between This Modification shall be governed by and construed in accordance with Hawaii law and applicable federal law. The parties hereto intend to conform strictly to. the Maker and the Payee are hereby expressly limited to provide that in applicable usury laws. In no contingency or event whatsoeverevent, whether by reason of acceleration of the maturity of the indebtedness evidenced hereby Note or otherwise, shall the amount paid or agreed to be paid to the Payee Holder for the use, forbearance or detention of money under the indebtedness evidenced hereby Note or otherwise exceed the maximum amount which the Payee is permitted to receive permissible under applicable law. If, from any circumstances whatsoever, If fulfillment of any provision hereof of the Note or of any other document now or hereafter evidencing, securing or pertaining to the Loan Agreement or any Loan Document thereunderindebtedness evidenced by the Note, at the time performance of such provision shall be due, shall would involve transcending the limit of validity prescribed by law, then, ipso facto, then the obligation to be fulfilled shall automatically be reduced automatically to the limit of such validity, and if from any circumstance the Payee . If Holder shall ever receive as anything of value deemed interest an amount under applicable law which would exceed interest at the highest lawful rate, such an amount equal to any amount which would be have been excessive interest shall be applied to the reduction of the principal balance of any of amount owing under the Maker’s Obligations (as such term is defined Note in the Loan Agreement) to the Payee, inverse order of its maturity and not to the payment of interest, or if such amount which would have been excessive interest hereunderexceeds the unpaid balance of principal of the Note, such excess shall be refunded to Maker and Co-Maker. To the extent permitted by applicable law, all All sums paid or agreed agreed, to be paid to Holder for the use, forbearance or detention of the indebtedness evidenced of Maker and Co-Maker to Holder shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated allocated, and spread throughout the full stated term of such indebtedness until payment in full, to the end so that the rate or amount am-omit of interest on account account. of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “maximum permitted by applicable law” shall mean the law in effect as . The provisions of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision paragraph shall control every other provision of all existing and future agreements between the Maker, Co-Maker and the PayeeHolder.

Usury Savings Clause. All agreements between It is the Maker intent of Lender and the Payee are hereby expressly limited Borrower to provide that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee comply at all times with applicable usury laws. If at any time such laws would render usurious any amounts called for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable law. If, from any circumstances whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunderDocuments, at the time performance of then it is Borrower’s and Lender’s express intention that such provision shall excess amount be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of immediately credited on the principal balance of the Note (or, if the Note has been fully paid, refunded by Lender to Borrower, and Borrower shall accept such refund), and the provisions hereof and thereof be immediately deemed to be reformed and the amounts thereafter collectible hereunder reduced to comply with the then applicable laws, without the necessity of the execution of any further documents, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. Any such crediting or refund shall not cure or waive any default by Borrower under any of the Maker’s Obligations (as Loan Documents. If at any time following any such term is defined reduction in the Loan Agreement) interest rate payable by Borrower, there remains unpaid any principal amounts under the Note and the maximum interest rate permitted by law is increased or eliminated, then the interest rate payable hereunder shall be readjusted, to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end so that the rate or total dollar amount of interest on account payable hereunder shall be equal to the dollar amount of such indebtedness does not exceed any interest which would have been paid by Borrower without giving effect to the reduction in interest resulting from compliance with the applicable usury ceilinglaws theretofore in effect. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, providedBorrower agrees, however, that in determining whether or not any interest payable under any of the event there Loan Documents is a change usurious, any non-principal payment (except payments specifically stated in the law which results Note or in a higher permissible rate of any other Loan Documents to be interest), then this Note including, without limitation, prepayment fees and late charges, shall be governed deemed to the extent permitted by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the Payeelaw, to be an expense, fee, premium or penalty rather than interest.

Usury Savings Clause. It is the intention of Borrower and Lender to conform strictly to all applicable usury laws now or hereinafter in force. All agreements between in this Agreement, the Maker Security Instrument and in the Payee other Loan Documents are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of advancement or acceleration of maturity of the indebtedness evidenced hereby Obligations, or otherwise, shall the amount paid or agreed to be paid to the Payee hereunder or thereunder for the use, forbearance or detention of money, to the indebtedness evidenced hereby extent that any sums secured by the Security Instrument or by the other Loan Documents shall not be exempt from such laws, exceed the maximum amount which the Payee is highest lawful rate permitted to receive under applicable lawusury laws as now or hereinafter construed by the court having jurisdiction over such matters. If, from any circumstances circumstance whatsoever, fulfillment of any provision hereof or of the Loan Agreement or any Loan Document thereunderDocuments, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by lawlaw which a court of competent jurisdiction may deem applicable hereto, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validityvalidity and if, and if from any circumstance the Payee whatsoever, Lender shall ever receive as interest an amount which would exceed the highest lawful rate, the receipt of such amount which would excess shall, at the option of Lender, be excessive interest deemed a mistake and such excess shall be applied rebated to Borrower or, held in trust by Lender for the reduction benefit of Borrower and shall be credited against the principal amount of the Obligations to which the same may lawfully be credited, and any portion of such excess not capable of being so credited shall be rebated to Borrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under the Note, this Agreement, the Security Instrument, or any other Loan Document shall under no circumstances exceed the maximum legal rates upon the unpaid principal balance of any the Note remaining from time to time. In the event such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and if theretofore paid, rebated to Borrower or credited on the principal amount of the Maker’s Obligations (as Note, or if the Note has been repaid, then such term is defined in the Loan Agreement) to the Payee, and not to the payment of interest hereunder. To the extent permitted by applicable law, all sums paid or agreed to be paid for the use, forbearance or detention of the indebtedness evidenced by this Note excess shall be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, rebated to the end that the rate or amount of interest on account of such indebtedness does not exceed any applicable usury ceiling. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between the Maker and the PayeeBorrower.

Usury Savings Clause. All Notwithstanding anything to the contrary contained elsewhere in this Agreement, Borrower and Lender hereby agree that all agreements between them with respect to the Maker and Loan, including by not limited to the Payee Loan Documents, whether now existing or hereafter arising are hereby expressly limited to provide so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the indebtedness evidenced hereby or otherwise, whatsoever shall the amount paid paid, or agreed to be paid paid, to the Payee Lender for the use, forbearance forbearance, or detention of the indebtedness evidenced hereby money loaned to Borrower, or for the performance or payment of any covenant or obligation contained herein or therein, exceed the maximum amount which the Payee is permitted to receive rate of interest under applicable lawlaw (the "Maximum Rate"). If, If from any circumstances circumstance whatsoever, fulfillment of any provision hereof provisions of this Agreement or of the Loan Agreement or any Loan Document thereunder, Documents at the time performance of such provision provisions shall be due, shall due would involve transcending the limit of validity prescribed by law, then, ipso factoautomatically, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance the Payee shall Lender should ever receive as anything of value deemed interest an amount by applicable law which would exceed the highest lawful rateMaximum Rate, such amount which would be excessive interest shall be applied to the reduction of the principal balance of any amount owing with respect to the Loan or on account of the Maker’s Obligations (as such term is defined in other indebtedness secured by the Loan Agreement) to the Payee, Documents or Borrower's Loan Documents and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid principal balance of the Loan and such other indebtedness, such excess shall be refunded to Borrower. To the extent permitted by applicable law, all All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Loan and other indebtedness evidenced of Borrower to Lender shall, to the extent permitted by this Note shall applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full, to the end full so that the actual rate or amount of interest on account of all such indebtedness is uniform throughout the actual term of the Loan and does not exceed any applicable usury ceiling. As used herein, the Maximum Rate throughout the entire term “applicable law” shall mean the law in effect as of the date hereofLoan, provided, however, that in the event there is a change in the law which results in a higher permissible rate as appropriate. The terms and provisions of interest, then this Note shall be governed by such new law as of its effective date. This provision Section 12 shall control every other provision of this Agreement and all other agreements between the Maker Borrower and the PayeeLender.

Usury Savings Clause. All agreements between It is the Maker and intention of the Payee are hereby expressly limited parties hereto to provide that comply with applicable usury laws (now or hereafter enacted); accordingly, notwithstanding any provision to the contrary in this Agreement, any of the other Loan Documents or any other document related hereto, in no contingency event shall this Agreement or event whatsoever, whether by reason any such other document require the payment or permit the collection of acceleration interest in excess of maturity of the indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Payee for the use, forbearance or detention of the indebtedness evidenced hereby exceed the maximum amount which the Payee is permitted to receive under applicable lawby such laws. If, If from any circumstances whatsoever, fulfillment of any provision hereof of this Agreement or of the Loan Agreement any other document pertaining hereto or any Loan Document thereunder, at the time performance of such provision shall be duethereto, shall involve transcending the limit of validity prescribed by lawapplicable law for the collection or charging of interest, then, ipso facto, the obligation to be fulfilled shall automatically be reduced to the limit of such validity, and if from any circumstance such circumstances the Payee Administrative Agent, the Collateral Agent and the Lenders shall ever receive anything of value as interest or deemed interest by applicable law under this Agreement, any of the other Loan Documents or any other document pertaining hereto or otherwise an amount which that would exceed the highest lawful rate, such amount which that would be excessive interest shall be applied to the reduction of the principal balance amount owing hereunder or on account of any other indebtedness of the Maker’s Obligations (as such term is defined in the Loan Agreement) to the PayeeBorrower, and not to the payment of interest, or if such excessive interest hereunderexceeds the unpaid balance of principal of such indebtedness, such excess shall be refunded to the Borrower. To In determining whether or not the interest paid or payable with respect to any indebtedness of the Borrower to the Administrative Agent and the Lenders, under any specified contingency, exceeds the Highest Lawful Rate (as hereinafter defined), the Borrower, the Administrative Agent and the Lenders shall, to the maximum extent permitted by applicable law, all sums paid (a) characterize any non-principal payment as an expense, fee or agreed to be paid for premium rather than as interest, (b) exclude voluntary prepayments and the useeffects thereof, forbearance or detention of the indebtedness evidenced by this Note shall be amortized(c) amortize, proratedprorate, allocated allocate and spread the total amount of interest throughout the full term of such indebtedness until payment in fullso that interest thereon does not exceed the maximum amount permitted by applicable law, and/or (d) allocate interest between portions of such indebtedness, to the end that no such portion shall bear interest at a rate greater than that permitted by applicable law. To the rate or amount extent that Article 5069-1D.001 et seq., as amended, of interest on account the Texas Revised Civil Statutes is relevant to the Administrative Agent and the Lenders for the purpose of such indebtedness does not exceed any applicable usury ceiling. As used hereindetermining the Highest Lawful Rate, the term “Administrative Agent and the Lenders hereby elect to determine the applicable law” rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect. Nothing set forth in this Section 11.11 is intended to or shall limit the effect or operation of Section 11.12. In no event shall Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts) apply to this Agreement or the Notes. For purposes of this Section 11.11, "Highest Lawful Rate" shall mean the law in effect as of the date hereof, provided, however, that in the event there is a change in the law which results in a higher permissible maximum rate of interestnonusurious interest that may be contracted for, then this Note shall be governed by such new law as of its effective date. This provision shall control every other provision of all agreements between charged, taken, reserved or received hereunder under laws applicable to the Maker Administrative Agent and the PayeeLenders.