Limit on Interest. Anything herein or in the Note to the contrary notwithstanding, the obligations of Mediconsult under this Credit Agreement and the Note shall be subject to the limitation that payments of interest shall not be required to the extent that receipt of any such payment by Cybear would be contrary to provisions of law applicable to Cybear (if any) that limit the maximum rate of interest that may be charged or collected by such Lender. In the event that Mediconsult makes any payment of interest, fees or other charges, however denominated, pursuant to this Credit Agreement or the Note, which payment results in the interest paid by Mediconsult to Cybear to exceed the maximum rate of interest permitted by applicable law, any excess over such maximum shall be applied in reduction of the principal balance owed to Cybear as of the date of such payment, or if such excess exceeds the amount of principal owed to Cybear as of the date of such payment, the difference shall be returned to Mediconsult.
Appears in 2 contracts
Sources: Credit Agreement (Andrx Corp /De/), Credit Agreement (Mediconsult Com Inc)