Common use of Usury Savings Clause in Contracts

Usury Savings. This Agreement and the Note are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the 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, Borrower is at any time required or obligated to pay interest on the principal balance due under the Note at a rate in excess of the Maximum Legal Rate, then the Default 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 under the Note. 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (Reckson Operating Partnership Lp), Loan and Security Agreement (Reckson Associates Realty Corp)

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Usury Savings. This Agreement and the Note other Loan Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the principal balance of the Loan 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, If by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the principal balance Outstanding Principal Balance due under the Note hereunder at a rate in excess of the Maximum Legal Rate, then the Default 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 under the Notehereunder. 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, 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.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (New York REIT, Inc.), Loan Agreement (New York REIT, Inc.)

Usury Savings. This Agreement and the Note The Loan Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the principal balance of the Loan Principal Indebtedness 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, Borrower is at any time required or obligated to pay interest on the principal balance due under the Note at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default Rate 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 under the Notehereunder. 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.

Appears in 1 contract

Samples: Loan Agreement (Stratus Properties Inc)

Usury Savings. This Agreement and the Note other Loan Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the 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. Ifmaximum legal rate, If by the terms of this Agreement or the other Loan Documents, Borrower is Borrowers are at any time required or obligated to pay interest on the principal balance due under the Note hereunder at a rate in excess of the Maximum Legal maximum legal rate, the Interest Rate or the Default Rate, then as the Default Rate case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate maximum legal rate and all previous payments in excess of the Maximum Legal Rate maximum legal rate shall be deemed to have been payments in reduction of principal and not on account of the interest due under the Note. hereunder, All sums paid or agreed to be paid to Lender for the use, forbearance, use or detention forbearance of the sums due under the Loan, shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full fill so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest maximum legal rate from time to time in effect and applicable to the Loan for so long as the Loan is outstanding. 1. Commitment Letter 2. Loan Agreement. 3. Promissory Note for $2,100,000

Appears in 1 contract

Samples: Loan Agreement (Panache Beverage, Inc.)

Usury Savings. This Agreement and the Note other Loan Documents are subject to the express condition that at no time shall Borrower Borrowers be obligated or required to pay interest on the principal balance of the Loan Outstanding Principal Balance at a rate which could subject Agent or any 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, Borrower is Borrowers are at any time required or obligated to pay interest on the principal balance due under the Note Outstanding Principal Balance at a rate in excess of the Maximum Legal Rate, then the Default 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 under the Notehereunder. All sums paid or agreed to be paid to Agent or any 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, 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.

Appears in 1 contract

Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)

Usury Savings. This Agreement and the Note other Loan Documents are subject to the express condition that at no time shall Borrower be required or obligated or required to pay interest on the principal balance of the Loan 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, If by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the principal balance due under the Note Outstanding Principal Balance at a rate in excess of the Maximum Legal Rate, then the Default 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 under the Notehereunder. 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, 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.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

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

Appears in 1 contract

Samples: Loan Agreement (Panache Beverage, Inc.)

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Usury Savings. This Agreement Agreement, the Note and the Note other Loan Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the principal balance of the Loan at a rate which could subject Lender to either civil or criminal liability as a result of being is in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the principal balance due under the Note hereunder at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default Rate 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 under the Notehereunder. 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.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

Usury Savings. This Agreement and the Note The Loan Documents are subject to the express condition that at no time shall Borrower Borrowers be obligated or required to pay interest on the 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, Borrower is Borrowers are at any time required or obligated to pay interest on the principal balance due under the Note hereunder at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default Rate 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 under the Notehereunder. 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.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Usury Savings. This Agreement and the Note other Loan Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the 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, Borrower is at any time required or obligated to pay interest on the principal balance due under the Note hereunder at a rate in excess of the Maximum Legal Rate, then the Default Interest Rate shall be deemed to be immediately reduced to the Maximum Legal Rate 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 under the Notehereunder. 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 lawLegal Requirements, 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.

Appears in 1 contract

Samples: Loan Agreement (Lazydays Holdings, Inc.)

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