Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.
Appears in 5 contracts
Samples: Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s 's right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.
Appears in 3 contracts
Samples: Quarterly Report, Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform to comply strictly to with applicable usury laws applicable to it. Accordinglylaws, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that eventany; accordingly, notwithstanding anything any provisions to the contrary in the Notes, this Agreement or any other Loan Paper Documents, in no event shall this Agreement or other agreement entered into in connection with such Loan Document require or as security for permit the Notespayment, (i) taking, reserving, receiving, collecting or charging of any sums constituting interest under applicable laws which exceed the aggregate of all consideration which maximum amount permitted by such laws. If any such excess interest is called for, contracted for, charged, paid, taken, reserved, charged collected or received in connection with the Liabilities or in any communication by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, Person to the extent that the principal amount of the Obligations shall have been Borrower or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwiseany other Person, or in the event all or part of the principal of the Liabilities or interest thereon shall be prepaid or accelerated, so that under any prepaymentof such circumstances or under any other circumstance whatsoever the amount of interest contracted for, then such consideration that constitutes interest charged, taken, collected, reserved, or received on the amount of principal actually outstanding from time to time under law applicable to Lender may never include more than this Agreement shall exceed the maximum amount allowed of interest permitted by such applicable law, and excess interestusury laws, if any, provided then in any such event it is agreed as follows:
(i) the provisions of this paragraph shall govern and control, (ii) neither the Borrower nor any other Person or entity now or hereafter liable for in the Notes, this Agreement or otherwise payment of the Liabilities shall be cancelled automatically by Lender as obligated to pay the amount of such interest to the extent such interest is in excess of the date maximum amount of such acceleration of prepayment andinterest permitted by applicable usury laws, if theretofore paidany, (iii) any such excess which is or has been received notwithstanding this paragraph shall be credited by Lender on against the then unpaid principal amount of the Obligations (balance hereof or, to if the extent that the principal amount of such Obligations shall Liabilities have been or would thereby be paid in fullfull by such credit, refunded by Lender to the Borrower). To , and (iv) the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes provisions of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of this Agreement and the other Loan PapersDocuments, it is not and any communication to the intention Borrower, shall immediately be deemed reformed and such excess interest reduced, without the necessity of executing any other document, to the maximum lawful rate allowed under applicable laws as now or hereafter construed by courts having jurisdiction hereof or thereof. Without limiting the foregoing, all calculations of the Lender rate of interest contracted for, charged, taken, collected, reserved, or received in connection herewith which are made for the purpose of determining whether such rate exceeds the maximum lawful rate shall be made to accelerate the maturity extent permitted by applicable laws by amortizing, prorating, allocating and spreading during the period of any interest that has not accrued at the time full term of such acceleration or to collect unearned the Liabilities, including all prior and subsequent renewals and extensions, all interest at any time contracted for, charged, taken, collected, reserved or received. The terms of this paragraph shall be deemed to be incorporated in every Loan Document and communication relating to the time of such accelerationLiabilities.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Right Start Inc /Ca), Loan and Security Agreement (White House Inc/Md), Loan and Security Agreement (Iparty Corp)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform to -------------------- comply strictly to with applicable usury laws applicable to it. Accordinglylaws, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that eventany; accordingly, notwithstanding anything any provisions to the contrary in the Notes, this Agreement or any other Loan Paper Documents, in no event shall this Agreement or other agreement entered into in connection with such Loan Document require or as security for permit the Notespayment, (i) taking, reserving, receiving, collecting or charging of any sums constituting interest under applicable laws which exceed the aggregate of all consideration which maximum amount permitted by such laws. If any such excess interest is called for, contracted for, charged, paid, taken, reserved, charged collected or received in connection with the Liabilities or in any communication by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, person to the extent that the principal amount of the Obligations shall have been Borrower or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwiseany other person, or in the event all or part of the principal of the Liabilities or interest thereon shall be prepaid or accelerated, so that under any prepaymentof such circumstances or under any other circumstance whatsoever the amount of interest contracted for, then such consideration that constitutes interest charged, taken, collected, reserved, or received on the amount of principal actually outstanding from time to time under law applicable to Lender may never include more than this Agreement shall exceed the maximum amount allowed of interest permitted by such applicable law, and excess interestusury laws, if any, provided then in any such event it is agreed as follows:
(i) the provisions of this paragraph shall govern and control, (ii) neither the Borrower nor any other person or entity now or hereafter liable for in the Notes, this Agreement or otherwise payment of the Liabilities shall be cancelled automatically by Lender as obligated to pay the amount of such interest to the extent such interest is in excess of the date maximum amount of such acceleration of prepayment andinterest permitted by applicable usury laws, if theretofore paidany, (iii) any such excess which is or has been received notwithstanding this paragraph shall be credited by Lender on against the then unpaid principal amount of the Obligations (balance hereof or, to if the extent that the principal amount of such Obligations shall Liabilities have been or would thereby be paid in fullfull by such credit, refunded by Lender to the Borrower). To , and (iv) the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes provisions of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of this Agreement and the other Loan PapersDocuments, it is not and any communication to the intention Borrower, shall immediately be deemed reformed and such excess interest reduced, without the necessity of executing any other document, to the maximum lawful rate allowed under applicable laws as now or hereafter construed by courts having jurisdiction hereof or thereof. Without limiting the foregoing, all calculations of the Lender rate of interest contracted for, charged, taken, collected, reserved, or received in connection herewith which are made for the purpose of determining whether such rate exceeds the maximum lawful rate shall be made to accelerate the maturity extent permitted by applicable laws by amortizing, prorating, allocating and spreading during the period of any interest that has not accrued at the time full term of such acceleration or to collect unearned the Liabilities, including all prior and subsequent renewals and extensions, all interest at any time contracted for, charged, taken, collected, reserved or received. The terms of this paragraph shall be deemed to be incorporated in every Loan Document and communication relating to the time of such accelerationLiabilities.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sunbelt Nursery Group Inc), Loan and Security Agreement (Sunbelt Nursery Group Inc)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall Mortgagor and the Mortgagee to conform strictly to the usury laws applicable to it. Accordingly, if governing the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything Loan Documents pertaining to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawFixed Assets Loans, and any excess interest payable under the Loan Documents pertaining to the Fixed Assets Loans shall be credited by Lender on subject to reduction to the principal amount not in excess of the Obligations to Lender (ormaximum non-usurious amount allowed under such laws, to as construed by the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in courts having jurisdiction over such matters. In the event that the maturity of the Notes Secured Obligations is accelerated by reason of any provision of the Loan Documents pertaining to the Fixed Assets Loans, or by reason of an election by the Mortgagee resulting from an Event of Default under this Agreement or otherwise, or in the event of any prepaymentDefault, then such consideration that constitutes earned interest under law applicable to Lender may never include more than the maximum amount allowed permitted by such applicable law, computed from the dates of each advance of loan proceeds under the Credit Agreement until payment, and any interest in excess interest, if any, provided for in of the Notes, this Agreement or otherwise maximum amount permitted by law shall be cancelled canceled automatically by Lender as of the date of such acceleration of prepayment andor, if theretofore paid, at the option of the Mortgagee, shall be rebated to the Mortgagor, or shall be credited by Lender on the principal amount of the Secured Obligations (or, if all principal has been repaid, then the excess shall be rebated to the extent that the Mortgagor. If any interest is canceled, credited against principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender rebated to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method Mortgagor in accordance with the foregoing sentence and, if thereafter the interest payable hereunder is less than the maximum amount permitted by applicable law. Notwithstanding anything , the rate hereunder shall automatically be increased to the contrary contained herein or in any of maximum extent possible to permit repayment to the other Loan Papers, it is not Mortgagee and the intention of the Lender to accelerate the maturity Lenders as soon as possible of any interest that has not accrued at in excess of the time maximum amount permitted by law which was earlier canceled, credited against principal or rebated to the Mortgagor pursuant to the provisions of such acceleration or to collect unearned interest at the time of such accelerationforegoing sentence.
Appears in 2 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement (Sterling Chemical Inc), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Sterling Chemical Inc)
Usury Savings Clause. It is In no event shall any provision of this instrument, the intention of Fixed Assets Notes, or any other instrument evidencing or securing the parties hereto Secured Obligations ever obligate Trustor to pay or allow Beneficiary to collect interest on the Fixed Assets Notes or any other Secured Obligations secured hereby at a rate greater than the maximum non-usurious rate permitted by applicable law (herein referred to as the "Highest Lawful Rate"), or obligate Trustor to pay any amounts that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as held or deemed to Lender constitute interest under laws applicable law which, when added to it (including the interest payable on the Fixed Assets Notes, would be held to constitute the payment by Trustor of interest at a rate greater than the Highest Lawful Rate; and this provision shall control over any provision to the contrary. To the extent the Highest Lawful Rate is determined by reference to the laws of the United States of America and the State of Texas, same shall be determined by reference to the indicated rate ceiling (as defined and described in Chapter 303 of the Texas Finance Code, as amended) at the applicable time in effect. Without limiting the generality of the foregoing, in the event the maturity of all or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate part of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Secured Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of for any prepaymentreason, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum principal amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, so accelerated shall be credited by Lender on the principal amount of the Obligations (or, to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect theretofore paid thereon in advance and remaining unearned interest at the time of such acceleration. If, pursuant to the terms of this Deed of Trust or the Fixed Assets Notes, any funds are applied to the payment of any part of the principal amount of the Secured Obligations prior to the maturity thereof, then (a) any interest which would otherwise thereafter accrue on the principal amount so paid by such application shall be canceled, and (b) the Secured Obligations remaining unpaid after such application shall be credited with the amount of all interest, if any, theretofore collected on the principal amount so paid by such application and remaining unearned at the date of said application; and if the funds so applied shall be sufficient to pay in full all the Secured Obligations, then Beneficiary shall refund to Trustor all interest theretofore paid thereon in advance and remaining unearned at the time of such acceleration. Regardless of any other provision in this instrument, or in any of the written evidences of the Secured Obligations, Trustor shall never be required to pay any unearned interest on the Secured Obligations or any portion thereof, and shall never be required to pay interest thereon at a rate in excess of the Highest Lawful Rate construed by courts having competent jurisdiction thereof.
Appears in 2 contracts
Samples: Deed of Trust (Sterling Chemical Inc), Fixed Assets Secured Parties Deed of Trust (Sterling Chemical Inc)
Usury Savings Clause. It Notwithstanding any other provision of -------------------- this Agreement, it is the intention of the parties hereto that Lender shall to conform strictly to usury laws Applicable Usury Laws, in each case to the extent they are applicable to itthis Agreement. Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the transactions Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof)Applicable Usury Laws, then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or it is agreed as security for the Notes, follows: (i) the provisions of this Section 13.20 shall govern and control; (ii) the aggregate of ------------- all consideration which interest under Applicable Usury Laws that is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawMaximum Amount, and any excess shall be credited promptly refunded to the payor by Lender on the principal recipient hereof; (iii) no Person shall be obligated to pay the amount of the Obligations to Lender (or, such interest to the extent that the principal amount it is in excess of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower)Maximum Amount; and (iiiv) in the event that the maturity effective rate of the Notes is accelerated by reason of an Event of Default any interest payable under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, ipso facto reduced to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining ---- ----- the Highest Lawful Rate, as hereinafter defined, and the applicable rate ceiling under such provisions of this Agreement immediately shall be determined deemed reformed, without the necessity of the execution of any new document or instrument, so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid, to any person pursuant to this Agreement for the use, forbearance or detention of any indebtedness arising hereunder shall, to the fullest extent permitted by the indicated (weekly) rate ceiling from time to time in effectApplicable Usury Laws, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to be amortized, pro rated, allocated and spread throughout the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity full term of any such indebtedness so that the actual rate of interest that has does not accrued exceed the Highest Lawful Rate in effect at any particular time during the time of such acceleration or to collect unearned interest at the time of such accelerationfull term thereof.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Equistar Chemicals Lp), Limited Partnership Agreement (Lyondell Chemical Co)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform to comply strictly to with applicable usury laws applicable to it. Accordinglylaws, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that eventany; accordingly, notwithstanding anything any provisions to the contrary in the Notes, this Agreement or any other Loan Paper Documents, in no event shall this Agreement or other agreement entered into in connection with such Loan Document require or as security for permit the Notespayment, (i) taking, reserving, receiving, collecting or charging of any sums constituting interest under applicable laws which exceed the aggregate of all consideration which maximum amount permitted by such laws. If any such excess interest is called for, contracted for, charged, paid, taken, reserved, charged collected or received in connection with the Liabilities or in any communication by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, Person to the extent that the principal amount of the Obligations shall have been Borrowers or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwiseany other Person, or in the event all or part of the principal of the Liabilities or interest thereon shall be prepaid or accelerated, so that under any prepaymentof such circumstances or under any other circumstance whatsoever the amount of interest contracted for, then such consideration that constitutes interest charged, taken, collected, reserved, or received on the amount of principal actually outstanding from time to time under law applicable to Lender may never include more than this Agreement shall exceed the maximum amount allowed of interest permitted by such applicable law, and excess interestusury laws, if any, provided then in any such event it is agreed as follows: (i) the provisions of this paragraph shall govern and control, (ii) neither the Borrowers nor any other Person or entity now or hereafter liable for in the Notes, this Agreement or otherwise payment of the Liabilities shall be cancelled automatically by Lender as obligated to pay the amount of such interest to the extent such interest is in excess of the date maximum amount of such acceleration of prepayment andinterest permitted by applicable usury laws, if theretofore paidany, (iii) any such excess which is or has been received notwithstanding this paragraph shall be credited by Lender on against the then unpaid principal amount of the Obligations (balance hereof or, to if the extent that the principal amount of such Obligations shall Liabilities have been or would thereby be paid in fullfull by such credit, refunded by Lender to the Borrower). To Borrowers, and (iv) the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes provisions of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of this Agreement and the other Loan PapersDocuments, it is not and any communication to the intention Borrowers, shall immediately be deemed reformed and such excess interest reduced, without the necessity of executing any other document, to the maximum lawful rate allowed under applicable laws as now or hereafter construed by courts having jurisdiction hereof or thereof. Without limiting the foregoing, all calculations of the Lender rate of interest contracted for, charged, taken, collected, reserved, or received in connection herewith which are made for the purpose of determining whether such rate exceeds the maximum lawful rate shall be made to accelerate the maturity extent permitted by applicable laws by amortizing, prorating, allocating and spreading during the period of any interest that has not accrued at the time full term of such acceleration or to collect unearned the Liabilities, including all prior and subsequent renewals and extensions, all interest at any time contracted for, charged, taken, collected, reserved or received. The terms of this paragraph shall be deemed to be incorporated in every Loan Document and communication relating to the time of such accelerationLiabilities.
Appears in 2 contracts
Samples: Loan and Security Agreement (Iparty Corp), Loan and Security Agreement (Paper Warehouse Inc)
Usury Savings Clause. It is the intention of the parties hereto Maker and the Holder to comply with all applicable usury laws; accordingly, it is agreed that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws no provisions in this Note or any of the United States other Loan Documents shall require the payment or permit the collection of America and interest in excess of the State of Texas or any other jurisdiction whose laws may maximum interest rate per annum permitted by applicable law to be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything charged to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security Maker for the Notesuse, forbearance or detention of money (the "Maximum Rate"). If any interest in excess of the Maximum Rate is provided for, or shall be adjudicated to be so provided for then in such event, (i) the aggregate provisions of all consideration which is contracted forthis Section shall govern, taken(ii) neither the Maker, reservedits endorser or guarantors, charged nor their respective heirs, legal representatives, successors or received by Lender under the Notes, this Agreement or assigns nor any other Loan Paper person or agreement entered into in connection with or as security entity liable for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawpayment of this Note, and any excess shall be credited by Lender on the principal amount of the Obligations obligated to Lender (or, pay interest to the extent that the principal amount it is in excess of the Obligations shall Maximum Rate, (iii) any excess interest which may have been collected shall, at the Holder's option, be either applied as a credit against the Principal Balance or would thereby be paid in full, refunded by Lender to the Borrower); Maker and (iiiv) in the event that effective rate of interest automatically shall be reduced to the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwiseMaximum Rate; provided, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interesthowever, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time thereafter the interest rate otherwise then in effecteffect shall be less than the Maximum Rate then in force, subject to Lender’s right subsequently to change such method the interest rate then in accordance with applicable law. Notwithstanding anything effect shall be automatically increased to the contrary contained herein Maximum Rate and remain at the Maximum Rate until the total amount of (A) any excess interest theretofore credited or in any repaid to the Maker (pursuant to this foregoing provisions of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of this Section) and (B) any interest that which would have been earned if the interest rate had not been reduced to the Maximum Rate (as provided in this Section) has not accrued at been fully repaid or paid to the time of such acceleration or to collect unearned interest at the time of such accelerationHolder.
Appears in 2 contracts
Samples: Loan Agreement (Mills Corp), Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Mills Corp)
Usury Savings Clause. It is the intention of the parties hereto that each Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to such Lender notwithstanding the other provisions hereofof this Agreement), then, in that event, notwithstanding anything to the contrary in any of the Notes, this Agreement Loan Documents or any other Loan Paper or other agreement entered into in connection with or as security for the NotesLoans, it is agreed as follows: (i) the aggregate of all consideration which constitutes interest under law applicable to any Lender that is contracted for, taken, reserved, charged or received by such Lender under any of the Notes, this Agreement Loan Documents or any other Loan Paper agreements or agreement entered into otherwise in connection with or as security for the Notes Loans shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be canceled automatically and if theretofore paid shall be credited by such Lender on the principal amount of the Obligations to Lender Indebtedness (or, to the extent that the principal amount of the Obligations Indebtedness shall have been or would thereby be paid in full, refunded by such Lender to the Borrower); and (ii) in the event that the maturity of the Notes Loans is accelerated by reason of an election of the holder thereof resulting from any Event of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest under law applicable to any Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled canceled automatically by such Lender as of the date of such acceleration of or prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of the Obligations Indebtedness (or, to the extent that the principal amount of such Obligations the Indebtedness shall have been or would thereby be paid in full, refunded by such Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant All sums paid or agreed to be paid to any Lender for the purposes use, forbearance or detention of determining sums due hereunder shall, to the Highest Lawful Rateextent permitted by law applicable to such Lender, be amortized, prorated, allocated and spread throughout the applicable rate ceiling under such provisions shall be determined stated term of the Loans evidenced by the indicated (weekly) Notes until payment in full so that the rate ceiling or amount of interest on account of any Loans hereunder does not exceed the maximum amount allowed by such applicable law. If at any time and from time to time in effect, subject (i) the amount of interest payable to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of on any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.date shall be
Appears in 1 contract
Usury Savings Clause. It is the intention of the parties hereto Company and ---------------------- the holder of this Convertible Note to comply with applicable usury laws; accordingly, it is agreed that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or notwithstanding any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notesthis Convertible Note, in no event shall this Agreement or Convertible Note and/or any other Loan Paper instrument or other agreement entered into document executed in connection with this Convertible Note require or permit the payment, charge or receipt of interest, as security for defined under applicable usury laws, in excess of the Notes, (i) the aggregate maximum amount permitted by such laws. If any such excess of all consideration which interest is contracted for, charged, taken, reserved, charged reserved or received by Lender under the Notesthis Convertible Note, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that if the maturity of the Notes indebtedness evidenced by this Convertible Note is accelerated by reason of an Event of Default under this Agreement accelerated, in whole or otherwisein part, or in the event that all or part of the principal of or interest on this Convertible Note shall be prepaid, so that under any prepaymentof such circumstances the amount of interest contracted for, then such consideration that constitutes interest charged, taken, reserved or received under law applicable this Convertible Note on the amount of principal actually outstanding from time to Lender may never include more than time under this Convertible Note shall exceed the maximum amount allowed 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 excess 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 lawusury 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 excess interest, if any, provided for in (e) the Notes, this Agreement or otherwise effective rate of interest shall be cancelled automatically reduced to the maximum lawful rate of interest permitted under applicable usury laws as now or hereafter construed by Lender as the courts having jurisdiction thereof. It is further agreed that, without limitation of the date 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 acceleration rate exceeds the maximum lawful rate of prepayment and, if theretofore paid, interest shall be credited by Lender on the principal amount of the Obligations (ormade, to the extent that permitted by applicable usury laws, by amortizing, prorating, allocating and spreading in equal parts during the principal amount period of such Obligations shall have been the full stated term of the indebtedness evidenced by this Convertible Note, all interest at any time contracted for, charged or would thereby be paid in full, refunded by Lender to received from the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined Company or otherwise by the indicated (weekly) rate ceiling from time to time holder or holders hereof in effect, subject to Lender’s right subsequently to change such method in accordance connection with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationthis Convertible Note.
Appears in 1 contract
Samples: Convertible Security Agreement (Petrosearch Energy Corp)
Usury Savings Clause. It is the intention of the parties hereto that the Agent and each Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby or by any other Credit Document would be usurious as to the Agent or any Lender under laws applicable to it (including the laws of the United States of America and the State of Texas New York or any other jurisdiction whose laws may be mandatorily applicable to the Agent or such Lender notwithstanding the other provisions hereofof this Agreement), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper Credit Document or other any agreement entered into in connection with or as security for the NotesObligations, it is agreed as follows: (i) the aggregate of all consideration which constitutes interest under law applicable to the Agent or any Lender that is contracted for, taken, reserved, charged or received by the Agent or such Lender under the Notes, this Agreement or any other Loan Paper Credit Document or agreement entered into agreements or otherwise in connection with or as security for the Notes Obligations shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be canceled automatically and if theretofore paid shall be credited by the Agent or such Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender the Agent or such Lender, as applicable, to the BorrowerBorrower Representative); and (ii) in the event that the maturity of the Notes Obligations is accelerated by reason of an any Event of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest under law applicable to the Agent or any Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall shall, subject to the last sentence of this Section 12.18, be cancelled canceled automatically by Lender the Agent or such Lender, as applicable, as of the date of such acceleration of or prepayment and, if theretofore paid, shall be credited by Lender the Agent or such Lender, as applicable, on the principal amount of the Obligations (or, to the extent that the principal amount of such the Obligations shall have been or 98 4885-4330-5790v.25 would thereby be paid in full, refunded by the Agent or such Lender to the BorrowerBorrower Representative). To All sums paid or agreed to be paid to the extent that Texas Finance Code Section 303.002 is relevant to Agent or any Lender for the purposes use, forbearance or detention of determining sums due hereunder shall, to the Highest Lawful Rateextent permitted by law applicable to the Agent or such Lender, be amortized, prorated, allocated and spread throughout the full term of the Loans until payment in full so that the rate or amount of interest on account of any Loans hereunder does not exceed the maximum amount allowed by such applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling law. If at any time and from time to time (x) the amount of interest payable to the Agent or any Lender on any date shall be computed at the highest lawful rate applicable to the Agent or such Lender pursuant to this Section 12.18 and (y) in effectrespect of any subsequent interest computation period the amount of interest otherwise payable to the Agent or such Lender would be less than the amount of interest payable to the Agent or such Lender computed at the Highest Lawful Rate applicable to the Agent or such Lender, subject then the amount of interest payable to Lender’s right subsequently the Agent or such Lender in respect of such subsequent interest computation period shall continue to change be computed at the Highest Lawful Rate applicable to the Agent or such method in accordance with Lender until the total amount of interest payable to the Agent or such Lender shall equal the total amount of interest which would have been payable to such Agent or such Lender if the total amount of interest had been computed without giving effect to this Section 12.18. For purposes of this Section 12.18, the term “applicable law. Notwithstanding anything ” shall mean that law in effect from time to time and applicable to the contrary contained herein or in any loan transaction between the Borrowers, on the one hand, and the Agent and the Lenders, on the other, that lawfully permits the charging and collection of the other Loan Papershighest permissible, it is not the intention lawful non usurious rate of interest on such loan transaction and this Agreement, including laws of the Lender State of New York and, to the extent controlling, laws of the United States of America. The right to accelerate the maturity of the Obligations does not include the right to accelerate any interest that has not accrued at as of the time date of such acceleration or to collect unearned interest at the time of such acceleration.
Appears in 1 contract
Samples: Senior Secured Loan Agreement (Greenidge Generation Holdings Inc.)
Usury Savings Clause. It Notwithstanding any other provision of this -------------------- Agreement, it is the intention of the parties hereto that Lender shall to conform strictly to usury laws Applicable Usury Laws, in each case to the extent they are applicable to itthis Agreement. Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the transactions Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof)Applicable Usury Laws, then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or it is agreed as security for the Notes, follows: (i) the provisions of this Section 13.20 shall govern and control; (ii) the aggregate of ------------- all consideration which interest under Applicable Usury Laws that is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawMaximum Amount, and any excess shall be credited promptly refunded to the payor by Lender on the principal recipient hereof; (iii) no Person shall be obligated to pay the amount of the Obligations to Lender (or, such interest to the extent that the principal amount it is in excess of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower)Maximum Amount; and (iiiv) in the event that the maturity effective rate of the Notes is accelerated by reason of an Event of Default any interest payable under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, ipso facto reduced to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining ---- ----- the Highest Lawful Rate, as hereinafter defined, and the applicable rate ceiling under such provisions of this Agreement immediately shall be determined deemed reformed, without the necessity of the execution of any new document or instrument, so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid, to any person pursuant to this Agreement for the use, forbearance or detention of any indebtedness arising hereunder shall, to the fullest extent permitted by the indicated (weekly) rate ceiling from time to time in effectApplicable Usury Laws, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to be amortized, pro rated, allocated and spread throughout the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity full term of any such indebtedness so that the actual rate of interest that has does not accrued exceed the Highest Lawful Rate in effect at any particular time during the time of such acceleration or to collect unearned interest at the time of such accelerationfull term thereof.
Appears in 1 contract
Samples: Limited Partnership Agreement (Equistar Funding Corp)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate of all consideration consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s 's right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.
Appears in 1 contract
Usury Savings Clause. It Notwithstanding any other provision of this Agreement, it is the intention of the parties hereto that Lender shall to conform strictly to usury laws Applicable Usury Laws, in each case to the extent they are applicable to it. this Agreement Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the transactions Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof)Applicable Usury Laws, then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or it is agreed as security for the Notes, follows: (i) the provisions of this Section 13.20 shall govern and control; (ii) the aggregate of all consideration which interest under Applicable Usury Laws that is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawMaximum Amount, and any excess shall be credited promptly refunded to the payor by Lender on the principal recipient hereof; (iii) no Person shall be obligated to pay the amount of the Obligations to Lender (or, such interest to the extent that the principal amount it is in excess of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower)Maximum Amount; and (iiiv) in the event that the maturity effective rate of the Notes is accelerated by reason of an Event of Default any interest payable under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, ipso facto reduced to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, as hereinafter defined, and the applicable rate ceiling under such provisions of this Agreement immediately shall be determined deemed reformed, without the necessity of the execution of any new document or instrument, so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid, to any person pursuant to this Agreement for the use, forbearance or detention of any indebtedness arising hereunder shall, to the fullest extent permitted by the indicated (weekly) rate ceiling from time to time in effectApplicable Usury Laws, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to be amortized, pro rated, allocated and spread throughout the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity full term of any such indebtedness so that the actual rate of interest that has does not accrued exceed the Highest Lawful Rate in effect at any particular time during the time of such acceleration or to collect unearned interest at the time of such accelerationfull term thereof.
Appears in 1 contract
Samples: Limited Partnership Agreement (LyondellBasell F&F Holdco, LLC)
Usury Savings Clause. In no event shall any provision of this instrument, the Indenture, the Notes, or any other instrument evidencing or securing the Secured Obligations ever obligate Trustor, to pay or allow Beneficiary to collect interest on the Notes or any other Secured Obligations secured hereby at a rate greater than the maximum non-usurious rate permitted by applicable law (herein referred to as the “Highest Lawful Rate”), or obligate Trustor to pay any amounts that would be held or deemed to constitute interest under applicable law which, when added to the interest payable on the Notes, would be held to constitute the payment by Trustor of interest at a rate greater than the Highest Lawful Rate; and this provision shall control over any provision to the contrary. To the extent the Highest Lawful Rate is determined by reference to the laws of the State of Texas, same shall be determined by reference to the indicated rate ceiling (as defined and described in Chapter 303 of the Texas Finance Code, as amended) at the applicable time in effect. Without limiting the generality of the foregoing, in the event the maturity of all or any part of the principal amount of the Secured Obligations shall be accelerated for any reason, then such principal amount so accelerated shall be credited with any interest theretofore paid thereon in advance and remaining unearned at the time of such acceleration. If, pursuant to the terms of this Deed of Trust or the Notes, any funds are applied to the payment of any part of the principal amount of the Secured Obligations prior to the maturity thereof, then (a)(a) any interest which would otherwise thereafter accrue on the principal amount so paid by such application shall be canceled, and (b) the Secured Obligations remaining unpaid after such application shall be credited with the amount of all interest, if any, theretofore collected on the principal amount so paid by such application and remaining unearned at the date of said application; and if the funds so applied shall be sufficient to pay in full all the Secured Obligations, then Beneficiary shall refund to Trustor all interest theretofore paid thereon in advance and remaining unearned at the time of such acceleration. Regardless of any other provision in this instrument, or in any of the written evidences of the Secured Obligations, Trustor shall never be required to pay any unearned interest on the Secured Obligations or any portion thereof, and shall never be required to pay interest thereon at a rate in excess of the Highest Lawful Rate construed by courts having competent jurisdiction thereof. It is the intention of the parties hereto that Lender shall Trustor and the Beneficiary to conform strictly to the usury laws applicable to it. Accordingly, if governing the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America Indenture and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawCollateral Documents, and any excess interest payable under the Indenture and the Collateral Documents executed pursuant to the Indenture shall be credited by Lender on subject to reduction to the principal amount not in excess of the Obligations to Lender (ormaximum non-usurious amount allowed under such laws, to as construed by the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in courts having jurisdiction over such matters. In the event that the maturity of the Notes Secured Obligations is accelerated by reason of any provision of the Indenture and the Collateral Documents executed pursuant or by reason of an election by the Beneficiary resulting from an Event of Default under this Agreement or otherwise, or in the event of any prepaymentDefault, then such consideration that constitutes earned interest under law applicable to Lender may never include more than the maximum amount allowed permitted by such applicable law, computed from the dates of each advance of loan proceeds under the Indenture until payment, and any interest in excess interest, if any, provided for in of the Notes, this Agreement or otherwise maximum amount permitted by law shall be cancelled canceled automatically by Lender as of the date of such acceleration of prepayment andor, if theretofore paid, at the option of the Beneficiary, shall be rebated to the Trustor, or shall be credited by Lender on the principal amount of the Secured Obligations (or, if all principal has been repaid, then the excess shall be rebated to the extent that the Trustor. If any interest is canceled, credited against principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender rebated to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method Trustor in accordance with the foregoing sentence and, if thereafter the interest payable hereunder is less than the maximum amount permitted by applicable law. Notwithstanding anything , the rate hereunder shall automatically be increased to the contrary contained herein or in any of maximum extent possible to permit repayment to the other Loan Papers, it is not Beneficiary and the intention of the Lender to accelerate the maturity Lenders as soon as possible of any interest that has not accrued at in excess of the time maximum amount permitted by law which was earlier canceled, credit against principal or rebated to the Trustor pursuant to the provisions of such acceleration or to collect unearned interest at the time of such accelerationforegoing sentence.
Appears in 1 contract
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform to comply strictly to with applicable usury laws applicable to it. Accordinglylaws, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that eventany; accordingly, notwithstanding anything any provisions to the contrary in the Notes, this Agreement or any other Loan Paper Documents, in no event shall this Agreement or other agreement entered into in connection with such Loan Document require or as security for permit the Notespayment, (i) taking, reserving, receiving, collecting or charging of any sums constituting interest under applicable laws which exceed the aggregate of all consideration which maximum amount permitted by such laws. If any such excess interest is called for, contracted for, charged, paid, taken, reserved, charged collected or received in connection with the Liabilities or in any communication by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, person to the extent that the principal amount of the Obligations shall have been Borrower or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwiseany other person, or in the event all or part of the principal of the Liabilities or interest thereon shall be prepaid or accelerated, so that under any prepaymentof such circumstances or under any other circumstance whatsoever the amount of interest contracted for, then such consideration that constitutes interest charged, taken, collected, reserved, or received on the amount of principal actually outstanding from time to time under law applicable to Lender may never include more than this Agreement shall exceed the maximum amount allowed of interest permitted by such applicable law, and excess interestusury laws, if any, provided then in any such event it is agreed as follows:
(i) the provisions of this paragraph shall govern, and control, (ii) neither the Borrower nor any other person or entity now or hereafter liable for in the Notes, this Agreement or otherwise payment of the Liabilities shall be cancelled automatically by Lender as obligated to pay the amount of such interest to the extent such interest is in excess of the date maximum amount of such acceleration of prepayment andinterest permitted by applicable usury laws, if theretofore paidany, (iii) any such excess which is or has been received notwithstanding this paragraph shall be credited by Lender on against the then unpaid principal amount of the Obligations (balance hereof or, to if the extent that the principal amount of such Obligations shall Liabilities have been or would thereby be paid in fullfull by such credit, refunded by Lender to the Borrower). To , and (iv) the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes provisions of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of this Agreement and the other Loan PapersDocuments, it is not and any communication to the intention Borrower, shall immediately be deemed reformed and such excess interest reduced, without the necessity of executing any other document, to the maximum lawful rate allowed under applicable laws as now or hereafter construed by courts having jurisdiction hereof or thereof. Without limiting the foregoing, all calculations of the Lender rate of interest contracted for, charged, taken, collected, reserved, or received in connection herewith which are made for the purpose of determining whether such rate exceeds the maximum lawful rate shall be made to accelerate the maturity extent permitted by applicable laws by amortizing, prorating, allocating and spreading during the period of any interest that has not accrued at the time full term of such acceleration or to collect unearned the Liabilities, including all prior and subsequent renewals and extensions, all interest at any time contracted for, charged, taken, collected, reserved or received. The terms of this paragraph shall be deemed to be incorporated in every Loan Document and communication relating to the time of such accelerationLiabilities.
Appears in 1 contract
Samples: Loan Agreement (Crown Books Corp)
Usury Savings Clause. It is the intention of the parties hereto that the Agents and each Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby or by any other Loan Document would be usurious as to any Agent or any Lender under laws applicable to it (including the laws of the United States of America and the State of Texas New York or any other jurisdiction whose laws may be mandatorily applicable to such Agent or such Lender notwithstanding the other provisions hereofof this Guaranty), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement Guaranty or any other Loan Paper Document or other any agreement entered into in connection with or as security for the NotesObligations, it is agreed as follows:
(i) the aggregate of all consideration which constitutes interest under law applicable to any Agent or any Lender that is contracted for, taken, reserved, charged or received by such Agent or such Lender under the Notes, this Agreement Guaranty or any other Loan Paper Document or agreement entered into agreements or otherwise in connection with or as security for the Notes Obligations shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be canceled automatically and if theretofore paid shall be credited by such Agent or such Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender such Agent or such Lender, as applicable, to the BorrowerGuarantors); and (ii) in the event that the maturity of the Notes Obligations is accelerated by reason of an any Event of Default under this Agreement Guaranty or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest under law applicable to any Agent or any Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement Guaranty or otherwise shall be cancelled canceled automatically by Lender such Agent or such Lender, as applicable, as of the date of such acceleration of or prepayment and, if theretofore paid, shall be credited by Lender such Agent or such Lender, as applicable, on the principal amount of the Obligations (or, to the extent that the principal amount of such the Obligations shall have been or would thereby be paid in full, refunded by such Agent or such Lender to the BorrowerGuarantors). To the extent that Texas Finance Code Section 303.002 is relevant All sums paid or agreed to be paid to any Agent or any Lender for the purposes use, forbearance or detention of determining sums due hereunder shall, to the Highest Lawful Rateextent permitted by law applicable to such Agent or such Lender, be amortized, prorated, allocated and spread throughout the full term of the Loans until payment in full so that the rate or amount of interest on account of any Loans hereunder does not exceed the maximum amount allowed by such applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling law. If at any time and from time to time (i) the amount of interest payable to any Agent or any Lender on any date shall be computed at the Highest Lawful Rate applicable to such Agent or such Lender pursuant to this Section 13 and (ii) in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity respect of any subsequent interest that has not accrued computation period the amount of interest otherwise payable to such Agent or such Lender would be less than the amount of interest payable to such Agent or such Lender computed at the time Highest Lawful Rate applicable to such Agent or such Lender, then the amount of interest payable to such Agent or such Lender in respect of such acceleration or subsequent interest computation period shall continue to collect unearned interest be computed at the time Highest Lawful Rate applicable to such Agent or such Lender until the total amount of interest payable to such accelerationAgent or such Lender shall equal the total amount of interest which would have been payable to such Agent or such Lender if the total amount of interest had been computed without giving effect to this Section 13.
Appears in 1 contract
Samples: Guaranty (Packaged Ice Inc)
Usury Savings Clause. It Notwithstanding any other provision of this Agreement, it is the intention of the parties hereto that Lender shall to conform strictly to usury laws Applicable Usury Laws, in each case to the extent they are applicable to itthis Agreement. Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the transactions Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof)Applicable Usury Laws, then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or it is agreed as security for the Notes, follows: (i) the provisions of this Section 13.17 shall govern and control; (ii) the aggregate of all consideration which interest under Applicable Usury Laws that is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawMaximum Amount, and any excess shall be credited promptly refunded to the payor by Lender on the principal recipient hereof; (iii) no Person shall be obligated to pay the amount of the Obligations to Lender (or, such interest to the extent that the principal amount it is in excess of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower)Maximum Amount; and (iiiv) in the event that the maturity effective rate of the Notes is accelerated by reason of an Event of Default any interest payable under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, IPSO FACTO reduced to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, and the applicable rate ceiling under such provisions of this Agreement immediately shall be determined deemed reformed, without the necessity of the execution of any new document or instrument, so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid, to any person pursuant to this Agreement for the use, forbearance or detention of any indebtedness arising hereunder shall, to the fullest extent permitted by the indicated (weekly) rate ceiling from time to time in effectApplicable Usury Laws, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to be amortized, pro rated, allocated and spread throughout the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity full term of any such indebtedness so that the actual rate of interest that has does not accrued exceed the Highest Lawful Rate in effect at any particular time during the time of such acceleration or to collect unearned interest at the time of such accelerationfull term thereof.
Appears in 1 contract
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform to comply strictly to with applicable usury laws applicable to it. Accordinglylaws, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that eventany; accordingly, notwithstanding anything any provisions to the contrary in the Notes, this Agreement or any other Loan Paper Documents, in no event shall this Agreement or other agreement entered into in connection with such Loan Document require or as security for permit the Notespayment, (i) taking, reserving, receiving, collecting or charging of any sums constituting interest under applicable laws which exceed the aggregate of all consideration which maximum amount permitted by such laws. If any such excess interest is called for, contracted for, charged, paid, taken, reserved, charged collected or received in connection with the Liabilities or in any communication by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, person to the extent that the principal amount of the Obligations shall have been Borrower or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwiseany other person, or in the event all or part of the principal of the Liabilities or interest thereon shall be prepaid or accelerated, so that under any prepaymentof such circumstances or under any other circumstance whatsoever the amount of interest contracted for, then charged, taken, collected,
(i) the provisions of this paragraph shall govern and control, (ii) neither the Borrower nor any other person or entity now or hereafter liable for the payment of the Liabilities shall be obligated to pay the amount of such consideration that constitutes interest under law applicable to Lender may never include more than the extent such interest is in excess of the maximum amount allowed of interest permitted by such applicable law, and excess interestusury laws, if any, provided for in the Notes, (iii) any such excess which is or has been received notwithstanding this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, paragraph shall be credited by Lender on against the then unpaid principal amount of the Obligations (balance hereof or, to if the extent that the principal amount of such Obligations shall Liabilities have been or would thereby be paid in fullfull by such credit, refunded by Lender to the Borrower). To , and (iv) the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes provisions of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of this Agreement and the other Loan PapersDocuments, it is not and any communication to the intention Borrower, shall immediately be deemed reformed and such excess interest reduced, without the necessity of executing any other document, to the maximum lawful rate allowed under applicable laws as now or hereafter construed by courts having jurisdiction hereof or thereof. Without limiting the foregoing, all calculations of the Lender rate of interest contracted for, charged, taken, collected, reserved, or received in connection herewith which are made for the purpose of determining whether such rate exceeds the maximum lawful rate shall be made to accelerate the maturity extent permitted by applicable laws by amortizing, prorating, allocating and spreading during the period of any interest that has not accrued at the time full term of such acceleration or to collect unearned the Liabilities, including all prior and subsequent renewals and extensions, all interest at any time contracted for, charged, taken, collected, reserved or received. The terms of this paragraph shall be deemed to be incorporated in every Loan Document and communication relating to the time of such accelerationLiabilities.
Appears in 1 contract
Samples: Loan and Security Agreement (Harvey Electronics Inc)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall Mortgagor and the Mortgagee to conform strictly to the usury laws applicable to it. Accordingly, if governing the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything Loan Documents pertaining to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawCurrent Assets Loans, and any excess interest payable under the Loan Documents pertaining to the Current Assets Loans shall be credited by Lender on subject to reduction to the principal amount not in excess of the Obligations to Lender (ormaximum non-usurious amount allowed under such laws, to as construed by the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in courts having jurisdiction over such matters. In the event that the maturity of the Notes Secured Obligations is accelerated by reason of any provision of the Loan Documents pertaining to the Current Assets Loans, or by reason of an election by the Mortgagee resulting from an Event of Default under this Agreement or otherwise, or in the event of any prepaymentDefault, then such consideration that constitutes earned interest under law applicable to Lender may never include more than the maximum amount allowed permitted by such applicable law, computed from the dates of each advance of loan proceeds under the Credit Agreement until payment, and any interest in excess interest, if any, provided for in of the Notes, this Agreement or otherwise maximum amount permitted by law shall be cancelled canceled automatically by Lender as of the date of such acceleration of prepayment andor, if theretofore paid, at the option of the Mortgagee, shall be rebated to the Mortgagor, or shall be credited by Lender on the principal amount of the Secured Obligations (or, if all principal has been repaid, then the excess shall be rebated to the extent that the Mortgagor. If any interest is canceled, credited against principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender rebated to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method Mortgagor in accordance with the foregoing sentence and, if thereafter the interest payable hereunder is less than the maximum amount permitted by applicable law. Notwithstanding anything , the rate I-1-B-27 88 hereunder shall automatically be increased to the contrary contained herein or in any of maximum extent possible to permit repayment to the other Loan Papers, it is not Mortgagee and the intention of the Lender to accelerate the maturity Lenders as soon as possible of any interest that has not accrued at in excess of the time maximum amount permitted by law which was earlier canceled, credited against principal or rebated to the Mortgagor pursuant to the provisions of such acceleration or to collect unearned interest at the time of such accelerationforegoing sentence.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement (Sterling Chemical Inc)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or Notwithstanding any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in this Note, or in any other documents securing payment hereof or otherwise relating hereto, in no event shall this Note require the Notespayment or permit the collection of interest, as defined under the applicable usury laws, in excess of the maximum amount permitted by such laws. If any such excess interest is contracted for, charged, taken, reserved or received under this Agreement Note or under the terms of any other documents securing payment hereof or otherwise relating hereto, or in the event applicable law shall be judicially interpreted so as to render usurious any amount called for under this Note or under the terms of any other documents relating hereto, or in the event the maturity of the indebtedness evidenced by the Note is accelerated in whole or in part, or in the event that all or part of the principal or interest of the Note shall be prepaid, so that under any such circumstances the amount of interest contracted for, charged, taken, reserved or received under this Note or any other Loan Paper documents securing payment hereof or other agreement entered into otherwise relating hereto, on the amount of principal actually outstanding from time to time under the Note shall exceed the maximum amount of interest permitted by applicable usury laws, then in connection with or as security for any such event: (a) the Notesprovisions of this paragraph shall govern and control, (ib) to the aggregate extent permissible under applicable laws, the excess amount of all consideration interest which is contracted formay have been charged, taken, reserved, charged received or collected shall be applied (i) as a credit against the then unpaid principal amount on the Note or (ii) refunded to the person paying the same, at the holder’s option, (c) the effective rate of interest shall be automatically reduced to the maximum lawful rate reserved or received from the party obligated thereon under applicable laws as now or hereafter construed by Lender under the Notescourts having jurisdiction thereof and (d) the provisions of this Note shall be deemed reformed and the amounts thereafter collectible hereunder reduced, this Agreement or without the necessity of executing any other Loan Paper or agreement entered into in connection new document, so as to comply with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess but also so as to permit the recovery of the fullest amount otherwise called for hereunder. 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 Note which are made for the purpose of determining whether such rate exceeds the maximum lawful rate of interest, shall be credited by Lender on the principal amount of the Obligations to Lender (ormade, to the extent permitted by applicable usury laws, by amortizing, prorating, allocating and spreading during the period of the full term of the Note, all interest at any time contracted for, charged, taken, reserved or received from the party obligated thereon or otherwise by the holder or holders thereof in connection with the Note so that the principal rate or amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date on account of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on indebtedness does not exceed the principal amount of the Obligations (or, to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate usury ceiling from time to time in effect, subject effect and applicable to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.debt
Appears in 1 contract
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 303.201, as supplemented by Article 5069-ID.002 of the Texas Revised Civil Statutes (Texas Credit Title) is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s 's right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.
Appears in 1 contract
Usury Savings Clause. It is the intention of the parties hereto that Lender shall to strictly comply with and conform strictly to all applicable law, including usury laws applicable to itlaws. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws notwithstanding any provision of the United States Note, as modified hereby, any of America and the State of Texas or Security Instruments, any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof)document, theninstrument or agreement evidencing, in that event, notwithstanding anything to the contrary in the Notes, this Agreement securing or any other Loan Paper or other agreement entered into in connection with the Note, as modified hereby, or the loan transaction evidenced thereby, it is expressly stipulated and agreed as security for follows:
(a) in no event shall the NotesBorrower or any other liable party be required to pay interest in excess of the maximum non-usurious contract rate of interest (determined from time to time if the applicable maximum rate is a floating rate) that the Lender may charge the Borrower under applicable law and in regard to which the Borrower would be prevented successfully from raising the claim or defense of usury (the "Maximum Rate"), (i) nor under any circumstances shall the aggregate of all consideration which is contracted for, constitutes interest under applicable law and taken, reserved, charged charged, received, contracted for, chargeable or received by Lender receivable under the NotesNote, this Agreement or as modified hereby, any of the Security Instruments, any other Loan Paper document, instrument or agreement evidencing, securing or entered into in connection with the Note, as modified hereby, or as security for the Notes shall under no circumstances loan transaction evidenced thereby, exceed the maximum amount of interest allowed by such applicable law, and any excess interest shall be deemed a mistake and canceled automatically or, if theretofore paid, shall, at the option of the holder of the Note, as modified hereby, either be refunded to the Borrower or credited by Lender on the principal amount Note, as modified hereby, or any other obligation of the Obligations to Lender (or, Borrower or any other liable party to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower)holder hereof; and and
(iib) in the event that the maturity of the Notes Note, as modified hereby, is accelerated by for any reason of an Event of Default under this Agreement or otherwisebefore the due date thereof, or in the event of any prepaymentprepayment hereof, then such consideration that constitutes interest under applicable law applicable to Lender may never include or exceed more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the NotesNote, this Agreement as modified hereby, or otherwise shall be cancelled canceled automatically by Lender as of the date of such acceleration of prepayment or prepayment, and, if theretofore paid, shall shall, at the option of the holder of the Note, as modified hereby, either be refunded to the Borrower or credited by Lender on the principal amount Note, as modified hereby, or any other obligation of the Obligations (orBorrower or any other liable party to the holder hereof. In determining whether or not interest paid or payable exceeds the Maximum Rate, Lender and Borrower shall, to the extent that permitted by applicable law, (a) characterize any non-principal payment as an expense, fee, or premium rather than as interest, (b) exclude voluntary prepayments and the principal effects thereof, and (c) amortize, prorate, allocate, and spread in equal or unequal parts the total amount of such Obligations shall have been or would thereby be paid in fullinterest throughout the contemplated term of the indebtedness evidenced by the Note, refunded by Lender to the Borrower). To the extent as modified hereby, so that Texas Finance Code Section 303.002 is relevant to Lender interest for the purposes of determining entire term does not exceed the Highest Lawful Maximum Rate, . The term "applicable law" shall mean the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate weekly ceiling from time to time in effect, subject to Lender’s right subsequently to change as provided for in Chapter 303.002 of the Texas Finance Code, as amended, and also includes such method other laws of the State of Texas and the United States, as such laws now exist or may be amended or changed in accordance with the future, or any new law enacted which is applicable law. Notwithstanding anything to the contrary contained herein Note, as modified hereby, or in any similar loans, whichever allows the greater rate of the other Loan Papersinterest, provided however, it is not the intention expressly agreed that Chapter 346 of the Lender Texas Finance Code, as amended (which regulates certain revolving credit accounts), shall not apply to accelerate this Note, as modified hereby, and the maturity of any interest that has loan transaction contemplated thereby. The term "other liable party" includes, but is not accrued at limited to, the time of such acceleration or to collect unearned interest at the time of such accelerationBorrower and each Guarantor.
Appears in 1 contract
Samples: Note Modification Agreement (Blue Dolphin Energy Co)
Usury Savings Clause. It Notwithstanding any other provision of this Agreement, it is the intention of the parties hereto that Lender shall to conform strictly to usury laws Applicable Usury Laws, in each case to the extent they are applicable to itthis Agreement. Accordingly, if any payment made pursuant to this Agreement results in any Person having paid any interest in excess of the transactions Maximum Amount, or if any transaction contemplated hereby would otherwise be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof)Applicable Usury Laws, then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or it is agreed as security for the Notes, follows: (i) the provisions of this Section 13.20 shall govern and control; (ii) the aggregate of all consideration which interest under Applicable Usury Laws that is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable lawMaximum Amount, and any excess shall be credited promptly refunded to the payor by Lender on the principal recipient hereof; (iii) no Person shall be obligated to pay the amount of the Obligations to Lender (or, such interest to the extent that the principal amount it is in excess of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower)Maximum Amount; and (iiiv) in the event that the maturity effective rate of the Notes is accelerated by reason of an Event of Default any interest payable under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, ipso facto reduced to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, as hereinafter defined, and the applicable rate ceiling under such provisions of this Agreement immediately shall be determined deemed reformed, without the necessity of the execution of any new document or instrument, so as to comply with all Applicable Usury Laws. All sums paid, or agreed to be paid, to any person pursuant to this Agreement for the use, forbearance or detention of any indebtedness arising hereunder shall, to the fullest extent permitted by the indicated (weekly) rate ceiling from time to time in effectApplicable Usury Laws, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to be amortized, pro rated, allocated and spread throughout the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity full term of any interest such indebtedness so that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.actual
Appears in 1 contract
Samples: Limited Partnership Agreement (Occidental Petroleum Corp /De/)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas Colorado or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the NotesNote, this Agreement or any other Loan Paper Document or other agreement entered into in connection with or as security for the NotesNote, it is agreed as follows:
(i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the NotesNote, this Agreement or any other Loan Paper Document or agreement entered into in connection with or as security for the Notes Note shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations Obligation to Lender (or, to the extent that the principal amount of the Obligations Obligation shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and and
(ii) in the event that if the maturity of the Notes Note is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the NotesNote, this Agreement or otherwise shall be cancelled canceled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations Obligation (or, to the extent that the principal amount of such Obligations Obligation shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.
Appears in 1 contract
Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including comply with the laws of the United States of America and the State of Texas or Texas; accordingly, it is agreed that notwithstanding any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in this Agreement, the NotesNotes or in any of the documents or otherwise relating hereto, in no event shall the holders of the Notes or obligations be entitled to contract for, receive, collect or apply, as interest on said Notes and Obliga- tions, any amount in excess of the maximum amount permitted by such laws of the State of Texas, nor shall this Agreement or such instruments or documents require the payment or permit the collection of interest, as defined under the laws of the State of Texas, in excess of the maximum amount permitted by such law. If any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate such excess of all consideration which interest is contracted for, taken, reserved, charged or received by Lender received, under the Notesthis Agreement, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed or otherwise or the maximum amount allowed indebtedness evidenced by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement in whole or otherwisein part, or in the event that all or part of the principal or interest of the Notes shall be prepaid, so that under any prepaymentof such circumstances the amount of interest contracted for, then such consideration that constitutes interest charged or received under law applicable this Agreement, the Notes, or under any of the instruments otherwise relating hereto, on the amount of principal actually outstanding from time to Lender may never include more than time under the Notes shall exceed the maximum amount allowed of interest permitted by the laws of the State of Texas, then in any such applicable lawevent (a) the provisions of this Section shall govern and control, and excess interest, if any, provided (b) neither Borrower nor any other person or entity now or hereafter liable for in the Notes, this Agreement or otherwise payment of the Notes shall be cancelled automatically by Lender as of obligated to pay the date amount of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations (or, interest to the extent that it is in excess of the maximum amount of interest permitted to be contracted for by, charged to or received from the party obligated thereon under the laws of the State of Texas, (c) any such excess which may have been collected shall be either applied as a credit against the then unpaid principal amount of such Obligations shall have been on the Notes or would thereby be paid in full, refunded by Lender to the Borrower)person paying the same, at the holder's option, and (d) the effective rate of interest shall be automatically reduced to the maximum lawful rate of interest permitted to be contracted for by, charged to or received from the party obligated thereon under the laws of the State of Texas as now or hereafter construed by the courts having jurisdiction thereof. To It is further agreed that without limitation of the foregoing, all calculations of the rate of interest contracted for, charged or received under this Agreement, the Notes, or under such other documents which are made for the purpose of determining whether such rate exceeds the maximum lawful rate of interest, shall be made to the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined permitted by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any laws of the other Loan PapersState of Texas, it is not by amortizing, prorating, allocating and spreading in equal parts during the intention period of the Lender to accelerate full stated term of the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned Notes, all interest at any time contracted for, charged or received from the time of such accelerationundersigned or otherwise by the holder or holders thereof in connection with the Notes.
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Usury Savings Clause. It is In no event shall any provision of this instrument, the intention of Current Assets Notes, or any other instrument evidencing or securing the parties hereto Secured Obligations ever obligate Trustor to pay or allow Beneficiary to collect interest on the Current Assets Notes or any other Secured Obligations secured hereby at a rate greater than the maximum non-usurious rate permitted by applicable law (herein referred to as the "Highest Lawful Rate"), or obligate Trustor to pay any amounts that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as held or deemed to Lender constitute interest under laws applicable law which, when added to it (including the interest payable on the Current Assets Notes, would be held to constitute the payment by Trustor of interest at a rate greater than the Highest Lawful Rate; and this provision shall control over any provision to the contrary. To the extent the Highest Lawful Rate is determined by reference to the laws of the United States of America and the State of Texas, same shall be determined by reference to the indicated rate ceiling (as defined and described in Chapter 303 of the Texas Finance Code, as amended) at the applicable time in effect. Without limiting the generality of the foregoing, in the event the maturity of all or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the Notes, (i) the aggregate part of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations to Lender (or, to the extent that the principal amount of the Secured Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of for any prepaymentreason, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum principal amount allowed by such applicable law, and excess interest, if any, provided for in the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, so accelerated shall be credited by Lender on the principal amount of the Obligations (or, to the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect theretofore paid thereon in advance and remaining unearned interest at the time of such acceleration. If, pursuant to the terms of this Deed of Trust or the Current Assets Notes, any funds are applied to the payment of any part of the principal amount of the Secured Obligations prior to the maturity thereof, then (a) any interest which would otherwise thereafter accrue on the principal amount so paid by such application shall be canceled, and (b) the Secured Obligations remaining unpaid after such application shall be credited with the amount of all interest, if any, theretofore collected on the principal amount so paid by such application and remaining unearned at the date of said application; and if the funds so applied shall be sufficient to pay in full all the Secured Obligations, then Beneficiary shall refund to Trustor all interest theretofore paid thereon in advance and remaining unearned at the time of such acceleration. Regardless of any other provision in this instrument, or in any of the written evidences of the Secured Obligations, Trustor shall never be required to pay any unearned interest on the Secured Obligations or any portion thereof, and shall never be required to pay interest thereon at a rate in excess of the Highest Lawful Rate construed by courts having competent jurisdiction thereof.
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Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform to -------------------- comply strictly to with applicable usury laws applicable to it. Accordinglylaws, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that eventany; accordingly, notwithstanding anything any provisions to the contrary in the Notes, this Agreement or any other Loan Paper or other agreement entered into Documents, in connection with or as security for the Notes, (i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the Notes, no event shall this Agreement or such Loan Document
(a) the provisions of this paragraph shall govern and control, (b) neither the Borrower nor any other Loan Paper Person or agreement entered into in connection with entity now or as security hereafter liable for the Notes payment of the Liabilities shall under no circumstances exceed be obligated to pay the amount of such interest to the extent such interest is in excess of the maximum amount allowed of interest permitted by applicable usury laws, if any, (c) any such applicable law, and any excess which is or has been received notwithstanding this paragraph shall be credited by Lender on against the then unpaid principal amount of the Obligations to Lender (balance hereof or, to if the extent that the principal amount of the Obligations shall Liabilities have been or would thereby be paid in fullfull by such credit, refunded by Lender to the Borrower); , and (iid) in the event that the maturity provisions of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in and the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable lawother Loan Documents, and excess interest, if any, provided for in any communication to the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paidBorrower, shall immediately be credited by Lender on deemed reformed and such excess interest reduced, without the principal amount necessity of the Obligations (orexecuting any other document, to the extent that maximum lawful rate allowed under applicable laws as now or hereafter construed by courts having jurisdiction hereof or thereof. Without limiting the principal amount foregoing, all calculations of the rate of interest contracted for, charged, taken, collected, reserved, or received in connection herewith which are made for the purpose of determining whether such Obligations rate exceeds the maximum lawful rate shall have been or would thereby be paid in full, refunded by Lender made to the Borrower)extent permitted by applicable laws by amortizing, prorating, allocating and spreading during the period of the full term of the Liabilities, including all prior and subsequent renewals and extensions, all interest at any time contracted for, charged, taken, collected, reserved or received. To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes The terms of determining the Highest Lawful Rate, the applicable rate ceiling under such provisions this paragraph shall be determined by the indicated (weekly) rate ceiling from time deemed to time be incorporated in effect, subject to Lender’s right subsequently to change such method in accordance with applicable law. Notwithstanding anything every Loan Document and communication relating to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationLiabilities.
Appears in 1 contract
Samples: Loan and Security Agreement (National Home Centers Inc)
Usury Savings Clause. It is the intention of the parties hereto that Lender shall to conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby or the Loans would be usurious as to the Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to the Lender notwithstanding the other provisions hereofof this Agreement, the Note or any other Credit Document), then, in that event, notwithstanding anything to the contrary in this Agreement, the Notes, this Agreement Note or any other Loan Paper or other agreement entered into in connection with or Credit Document, it is agreed as security for the Notes, follows: (i) the aggregate of all consideration which constitutes interest under laws applicable to the Lender that is contracted for, taken, reserved, charged or received by the Lender under this Agreement, the Notes, this Agreement Note or any other Loan Paper Credit Document or agreement entered into in connection with or as security for the Notes otherwise shall under no circumstances exceed the maximum amount allowed by such applicable lawHighest Lawful Rate, and any excess shall be credited by the Lender on the principal amount of the Obligations to Lender Note (or, to the extent that if the principal amount of the Obligations Note shall have been or would thereby be paid in full, refunded by the Lender to the Borrower); and (ii) in the event that the maturity of the Notes Note is accelerated by reason of an election of the holder or holders thereof resulting from any Event of Default under this Agreement hereunder or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest under law laws applicable to the Lender may never include more than the maximum amount allowed by such applicable lawHighest Lawful Rate, and excess interest, if any, provided for in this Agreement, the Notes, this Agreement Note any other Credit Document or otherwise shall be cancelled automatically canceled by the Lender as of the date of such acceleration of or prepayment and, if theretofore paid, shall be credited by the Lender on the principal amount of the Obligations Note (or, to the extent that or if the principal amount of such Obligations the Note shall have been or would thereby be paid in full, refunded by the Lender to the Borrower). To ; and (iii) if at any time the extent interest provided under this Agreement, the Note or any other Credit Document, together with any other fees payable pursuant to this Agreement, the Note or any other Credit Document and deemed interest under applicable law, exceeds the amount that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining would have accrued at the Highest Lawful Rate, the amount of interest and any such fees to accrue to the Lender hereunder and thereunder shall be limited to the amount which would have accrued at the Highest Lawful Rate, but any subsequent reductions shall not reduce the interest to accrue to the Lender hereunder and thereunder below the Highest Lawful Rate until the total amount of interest accrued pursuant hereto and thereto and such fees deemed to be interest equals the amount of interest which would have accrued to the Lender if a varying rate per annum equal to the interest hereunder had at all times been in effect plus the amount of fees which would have been received but for the effect hereof; and in each case, to the extent permitted by applicable law, the Lender shall not be subject to any of the penalties provided by law for contracting for, taking, reserving, charging or receiving interest in excess of the Highest Lawful Rate. The Lender hereby elects to determine the applicable rate ceiling under such provisions shall be determined Chapter lD of Article 5069 of the Texas Credit Title Act, Title 79, Texas Revised Civil Statutes by the indicated (weekly) weekly rate ceiling from time to time in effect, subject to the Lender’s 's right subsequently to change such method in accordance with applicable law. Notwithstanding anything The provisions of Chapter 346 of Tex. Finance Code Xxx. (Xxxxxx 1998), regulating certain revolving credit accounts shall not apply to this Agreement or the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationNote.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Elgin Technologies Inc)
Usury Savings Clause. It is expressly stipulated and agreed to be the intention intent of the parties hereto Borrowers, the Administrative Agent and all Lenders at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits a Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall conform strictly to usury laws control every other covenant and agreement in this Amendment and the other Loan Documents. If applicable to it. Accordingly, if the transactions contemplated hereby would state or federal law should at any time be usurious judicially interpreted so as to Lender render usurious any amount called for under laws applicable to it (including the laws of Notes or under the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the Notes, this Credit Agreement or any of the other Loan Paper Documents, or other agreement entered into in connection with or as security for the Notes, (i) the aggregate of all consideration which is contracted for, charged, taken, reserved, charged or received with respect to the Loan, or if the Administrative Agent’s exercise of the option to accelerate the Maturity Date, or if any prepayment by Lender under the Notes, this Agreement or Borrowers results in the Borrowers having paid any other Loan Paper or agreement entered into interest in connection with or as security for the Notes shall under no circumstances exceed the maximum amount allowed excess of that permitted by such applicable law, then it is the Administrative Agent’s and any each Lender’s express intent that all excess amounts theretofore collected by the Administrative Agent and each Lender shall be credited by Lender on the principal amount balance of the Obligations Notes and all other indebtedness and the provisions of the Credit Agreement, the Notes and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to Lender (orcomply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to the Lenders for the use, forbearance, or detention of the Loan shall, to the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded permitted by Lender to the Borrower); and (ii) in the event that the maturity of the Notes is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, be amortized, prorated, allocated, and excess interest, if any, provided for in spread throughout the Notes, this Agreement or otherwise shall be cancelled automatically by Lender as full stated term of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on Loan until payment in full so that the principal rate or amount of interest on account of the Obligations (or, to Loan does not exceed the extent that the principal amount of such Obligations shall have been or would thereby be paid in full, refunded by Lender to the Borrower). To the extent that Texas Finance Code Section 303.002 is relevant to Lender for the purposes of determining the Highest Lawful Rate, the applicable maximum lawful rate ceiling under such provisions shall be determined by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s right subsequently to change such method in accordance with effect and applicable law. Notwithstanding anything to the contrary contained herein or in any of Loan for so long as the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such accelerationoutstanding.
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Usury Savings Clause. It is the intention of the parties hereto that Lender shall conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to Lender under laws applicable to it (including the laws of the United States of America and the State of Texas or any other jurisdiction whose laws may be mandatorily applicable to Lender notwithstanding the other provisions hereof), then, in that event, notwithstanding anything to the contrary in the NotesNote, this Agreement or any other Loan Paper or other agreement entered into in connection with or as security for the NotesNote, it is agreed as follows:
(i) the aggregate of all consideration which is contracted for, taken, reserved, charged or received by Lender under the NotesNote, this Agreement or any other Loan Paper or agreement entered into in connection with or as security for the Notes Note shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by Lender on the principal amount of the Obligations Obligation to Lender (or, to the extent that the principal amount of the Obligations Obligation shall have been or would thereby be paid in full, refunded by Lender to the BorrowerBorrowers); and (ii) in the event that the maturity of the Notes Note is accelerated by reason of an Event of Default under this Agreement or otherwise, or in the event of any prepayment, then such consideration that constitutes interest under law applicable to Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in the NotesNote, this Agreement or otherwise shall be cancelled canceled automatically by Lender as of the date of such acceleration of prepayment and, if theretofore paid, shall be credited by Lender on the principal amount of the Obligations Obligation (or, to the extent that the principal amount of such Obligations Obligation shall have been or would thereby be paid in full, refunded by Lender to the BorrowerBorrowers). To the extent that Article 5069-1.04 of the Texas Finance Code Section 303.002 Revised Civil Statutes is relevant to Lender for the purposes purpose of determining the Highest Lawful Rate, Lender hereby elects to determine the applicable rate ceiling under such provisions shall be determined Article by the indicated (weekly) rate ceiling from time to time in effect, subject to Lender’s 's right subsequently to change such method in accordance with applicable law. Notwithstanding anything to the contrary contained herein or in any of the other Loan Papers, it is not the intention of the Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration.
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