Common use of Usury Savings Provisions Clause in Contracts

Usury Savings Provisions. In the event Holder receives any sums under this Note which constitute interest in an amount in excess of that permitted by any applicable law, then, all such sums constituting interest in excess of that permitted to be paid under applicable law shall, at Xxxxxx’s option, either be credited to the payment of principal owing hereunder or returned to Maker. The provisions of this Section 12 control the other provisions of this Note and any other agreement between Maker and Holder.

Appears in 3 contracts

Samples: Secured Promissory Note (Acura Pharmaceuticals, Inc), Secured Promissory Note (Acura Pharmaceuticals, Inc), Secured Promissory Note (Acura Pharmaceuticals, Inc)

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Usury Savings Provisions. In the event Holder receives any sums under this Note which constitute interest in an amount in excess of that permitted by any applicable law, then, all such sums constituting interest in excess of that permitted to be paid under applicable law shall, at Xxxxxx’s Holder's option, either be credited to the payment of principal owing hereunder or returned to Maker. The provisions of this Section 12 control the other provisions of this Note and any other agreement between Maker and HolderCompany.

Appears in 1 contract

Samples: Revolving Subordinated Promissory Note (Fidelity National Information Solutions Inc)

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Usury Savings Provisions. In the event Holder receives any sums under this Note which constitute interest in an amount in excess of that permitted by any applicable law, then, all such sums constituting interest in excess of that permitted to be paid under applicable law shall, at XxxxxxHolder’s option, either be credited to the payment of principal owing hereunder or returned to Maker. The provisions of this Section 12 control the other provisions of this Note and any other agreement between Maker and HolderCompany.

Appears in 1 contract

Samples: Loan and Security Agreement (Odetics Inc)

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