Common use of USURY SAVINGS PROVISION Clause in Contracts

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligations. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borrower, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, and any amounts collected by Lenders that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations and/or refunded to Borrower so that at no time shall the interest or loan charges paid or payable in respect of the Obligations exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower and Lenders with respect to the Obligations.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Credit Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligations. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or BorrowerBorrowers, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, time and any amounts collected by Lenders that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations and/or refunded to Borrower Borrowers so that at no time shall the interest or loan charges paid or payable in respect of the Obligations exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower Borrowers and Lenders with respect to the Obligations.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Credit Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligationstherein. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations Swingline Loans shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borrower, ipso facto the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, and any amounts collected by Lenders Lender that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations Swingline Loans and/or refunded to Borrower Borrowers so that at no time shall the interest or loan charges paid or payable in respect of the Obligations Swingline Loans exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower Borrowers and Lenders the Swingline Lender with respect to the ObligationsSwingline Loans.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Credit Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligations. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borrower, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, time and any amounts collected by Lenders that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations and/or refunded to Borrower so that at no time shall the interest or loan charges paid or payable in respect of the Obligations exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower and Lenders with respect to the Obligations.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges consideration under or in connection with this Agreement Agreement, the other Loan Documents, and the Obligations, however denominated, and including (without limitation) all interest; commitment, commitment transaction, or processing fees, ; late charges and charges; loan charges, ; and other such charges shall be limited to the maximum lawful amount permitted under applicable state law or, if higher, applicable federal law (the “Maximum Lawful Amount”). Such charges hereunder consideration shall be characterized and all provisions of the Loan Documents shall be construed so as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder and any rates shall be spread over calculated based upon the full permitted term scheduled maturity of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to and not based upon any prepayment of or the right to prepay the Obligationsearly maturity by acceleration. If for any reason whatsoever, howeverreason, any interest and/or other charges paid or contracted to be paid in respect of the Obligations Term Loans shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borroweripso facto, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, and any amounts collected by Lenders that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations Term Loans and/or refunded to Borrower Borrowers so that at no time shall the interest or loan charges paid or payable in respect of the Obligations Term Loans exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower Borrowers and Lenders Lender with respect to the ObligationsTerm Loan.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges consideration under or in connection with this Agreement Agreement, the other Loan Documents, and the Obligations, however denominated, and including (without limitation) all interest; commitment, commitment transaction, or processing fees, ; late charges and charges; loan charges, ; and other such charges shall be limited to the maximum lawful amount permitted under applicable state law or, if higher, applicable federal law (the "Maximum Lawful Amount"). Such charges hereunder consideration shall be characterized and all provisions of the Loan Documents shall be construed so as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder and any rates shall be spread over calculated based upon the full permitted term scheduled maturity of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to and not based upon any prepayment of or the right to prepay the Obligationsearly maturity by acceleration. If for any reason whatsoever, howeverreason, any interest and/or other charges paid or contracted to be paid in respect of the Obligations Term Loans shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borroweripso jacto, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, and any amounts collected by Lenders that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations Term Loans and/or refunded to Borrower Borrowers so that at no time shall the interest or loan charges paid or payable in respect of the Obligations Term Loans exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower Borrowers and Lenders Lender with respect to the ObligationsTerm Loan.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Credit Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligationstherein. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations Swingline Loans shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borrower, ipso facto the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, and any amounts collected by Lenders Lender that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations Swingline Loans and/or refunded to Borrower so that at no time shall the interest or loan charges paid or payable in respect of the Obligations Swingline Loans exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower and Lenders the Swingline Lender with respect to the ObligationsSwingline Loans.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligations. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations shall exceed the Maximum Lawful Amount, then, without any specific action by the Lenders, the Agent or the Borrower, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, and any amounts collected by the Lenders that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations and/or refunded to the Borrower so that at no time shall the interest or loan charges paid or payable in respect of the Obligations exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between the Borrower and the Lenders with respect to the Obligations.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligationstherein. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations Swingline Loans shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borroweripso facto, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, and any amounts collected by Lenders Lender that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations Swingline Loans and/or refunded to Borrower so that at no time shall the interest or loan charges paid or payable in respect of the Obligations Swingline Loans exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower and Lenders Lender with respect to the ObligationsSwingline Loans.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Credit Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligations. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borrowerthe Borrowers, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, time and any amounts collected by Lenders that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations and/or refunded to Borrower the Borrowers so that at no time shall the interest or loan charges paid or payable in respect of the Obligations exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower the Borrowers and Lenders with respect to the Obligations.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Credit Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligationstherein. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations Swingline Loans shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Agent or Borrower, ipso facto the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, and any amounts collected by Lenders Lender that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations Swingline Loans and/or refunded to Borrower the Borrowers so that at no time shall the interest or loan charges paid or payable in respect of the Obligations Swingline Loans exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower the Borrowers and Lenders the Swingline Lender with respect to the ObligationsSwingline Loans.

USURY SAVINGS PROVISION. It is the intention of the parties that all charges under or in connection with this Agreement and the Obligations, however denominated, and including (without limitation) all interest, commitment fees, late charges and loan charges, shall be limited to the Maximum Lawful Amount. Such charges hereunder shall be characterized and all provisions of the Loan Credit Documents shall be construed as to uphold the validity of charges provided for therein to the fullest possible extent. Additionally, all charges hereunder shall be spread over the full permitted term of the Obligations for the purpose of determining the effective rate thereof to the fullest possible extent, without regard to prepayment of or the right to prepay the Obligations. If for any reason whatsoever, however, any charges paid or contracted to be paid in respect of the Obligations shall exceed the Maximum Lawful Amount, then, without any specific action by Lenders, Administrative Agent or Borrowerthe Borrowers, the obligation to pay such interest and/or other charges shall be reduced to the Maximum Lawful Amount in effect from time to time, time and any amounts collected by Lenders that exceed the Maximum Lawful Amount shall be applied to the reduction of the principal balance of the Obligations and/or refunded to Borrower the Borrowers so that at no time shall the interest or loan charges paid or payable in respect of the Obligations exceed the Maximum Lawful Amount. This provision shall control every other provision herein and in any and all other agreements and instruments now existing or hereafter arising between Borrower the Borrowers and Lenders with respect to the Obligations.