Common use of Usury Savings Clause in Contracts

Usury Savings. This Agreement, the Note and the other Loan Documents are subject to the express condition that at no time shall any Borrower be obligated or required to pay interest on the Outstanding Principal Balance at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, any Borrower is at any time required or obligated to pay interest on the Outstanding Principal Balance at a rate in excess of the Maximum Legal Rate, the Applicable Interest Rate shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement, the Note and the other Loan Documents are subject to the express condition that at no time shall any Borrower be obligated or required to pay interest on the Outstanding Principal Balance principal balance of the Loan at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, any Borrower is at any time required or obligated to pay interest on the Outstanding Principal Balance principal balance of any Component at a rate in excess of the Maximum Legal Rate, the Applicable Interest Rate or the Default Rate, as the case may be, of such Component shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the such Maximum Legal Rate shall be deemed to have been payments in reduction of principal of such Component and not on account of the interest due hereunderhereunder and no Spread Maintenance Premium shall be owing on any such reduction of principal and the provisions of Section 2.4.4 (other than those of Section 2.4.4(f)) shall apply to any such reduction of principal. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement, Agreement and the Note and the other Loan Documents are subject to the express condition that at no time shall any Borrower be obligated or required to pay interest on the Outstanding Principal Balance principal balance of the Loan at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, any Borrower is at any time required or obligated to pay interest on the Outstanding Principal Balance principal balance due hereunder at a rate in excess of the Maximum Legal Rate or the Default Rate, as the Applicable Interest Rate case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This It is agreed that this Agreement, the Note and Note, the other Loan Documents are subject to the express condition that at no time shall and all other agreements and communications between any Borrower and Lender are hereby and shall automatically be obligated limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or required to pay interest on the Outstanding Principal Balance at a rate which could subject received by Lender to either civil or criminal liability as a result of being in excess of shall never exceed the Maximum Legal Rate. If, by (b) in calculating whether any interest exceeds the terms Maximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of this Agreement all principal indebtedness of Borrowers to Lender, and (c) if through any contingency or the other Loan Documents, any Borrower event Lender receives or is at any time required or obligated deemed to pay receive interest on the Outstanding Principal Balance at a rate in excess of the Maximum Legal Rate, the Applicable Interest Rate shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in any such excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account applied (without prepayment penalty or premium or any Yield Maintenance Premium) toward payment of the interest due hereunderDebt and Other Obligations of a monetary nature until the Debt and such Other Obligations are paid in full, and within two (2) Business Days of such payment in full, shall be returned to Borrowers. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement, the Note and the other Loan Documents are subject to the express condition that at no time shall any Borrower be obligated or required to pay interest on the Outstanding Principal Balance at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, any Borrower is at any time required or obligated to pay interest on the Outstanding Principal Balance Loan at a rate in excess of the Maximum Legal Rate, the Applicable Interest Rate or the Default Rate, as the case may be, of the Loan shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the such Maximum Legal Rate shall be deemed to have been payments in reduction of principal of the Loan and not on account of the interest due hereunderhereunder and no Yield Maintenance Premium shall be owing on any such reduction of principal and the provisions of Section 2.4.4 (other than those of Section 2.4.4(e)) shall apply to any such reduction of principal. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This It is agreed that this Agreement, the Note and Note, the other Loan Documents and all other agreements and communications between Borrower and Lender are subject to hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the express condition that at no time interest contracted for, charged or received by Lender shall never exceed the Maximum Legal Rate or amount, (b) in calculating whether any Borrower be obligated or required to pay interest on the Outstanding Principal Balance at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of exceeds the Maximum Legal Rate. If, by all such interest shall be amortized, prorated, allocated and spread over the terms full amount and term of this Agreement all principal indebtedness of Borrower to Lender, and (c) if through any contingency or the other Loan Documents, any Borrower event Lender receives or is at any time required or obligated deemed to pay receive interest on the Outstanding Principal Balance at a rate in excess of the Maximum Legal Rate, the Applicable Interest Rate shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in any such excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account applied (without prepayment penalty or premium or any Yield Maintenance Premium) toward payment of the interest due hereunderDebt and Other Obligations of a monetary nature until the Debt and such Other Obligations are paid in full, and within two (2) Business Days of such payment in full shall be returned to Borrower. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement, the Note and the other Loan Documents are subject to the express condition that at no time shall any Borrower be obligated or required to pay interest on the Outstanding Principal Balance at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, any Borrower is at any time required or obligated to pay interest on the any Component Outstanding Principal Balance of any Component at a rate in excess of the Maximum Legal Rate, the Applicable Interest Rate or the Default Rate, as the case may be, of such Component shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the such Maximum Legal Rate shall be deemed to have been payments in reduction of principal of such Component and not on account of the interest due hereunderhereunder and no Spread Maintenance Premium shall be owing on any such reduction of principal and the provisions of Section 2.4.4 (other than those of Section 2.4.4(f)) shall apply to any such reduction of principal. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement, the Note and the other The Loan Documents are subject to the express condition that at no time shall any Borrower Borrowers be obligated or required to pay interest on the Outstanding Principal Balance principal balance of the Loan at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, If by the terms of this Agreement or the other Loan Documents, any Borrower is Borrowers are at any time required or obligated to pay interest on the Outstanding Principal Balance principal balance due hereunder at a rate in excess of the Maximum Legal Rate, the Applicable LIBOR Interest Rate, the Base Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable lawany Legal Requirements, be amortized, prorated, allocated, allocated and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This It is agreed that this Agreement, the Note and Note, the other Loan Documents and all other agreements and communications between Borrower and Lender are subject to hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the express condition that at no time interest contracted for, charged or received by Lender shall never exceed the Maximum Legal Rate or amount, (b) in calculating whether any Borrower be obligated or required to pay interest on the Outstanding Principal Balance at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of exceeds the Maximum Legal Rate. If, by all such interest shall be amortized, prorated, allocated and spread over the terms full amount and term of this Agreement all principal indebtedness of Borrower to Lender, and (c) if through any contingency or the other Loan Documents, any Borrower event Lender receives or is at any time required or obligated deemed to pay receive interest on the Outstanding Principal Balance at a rate in excess of the Maximum Legal Rate, the Applicable Interest Rate shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in any such excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account applied (without prepayment penalty or premium or any Yield Maintenance Premium) toward payment of the interest due hereunderDebt and Other Obligations of a monetary nature until the Debt and such Other Obligations are paid in full, and within two (2) Business Days of such payment in full, shall be returned to Borrower. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.