Common use of Limitation on Interest Clause in Contracts

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit Agreements, Mortgagee shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to Mortgagor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee shall refund to Mortgagor the amount of such excess and, in such event, Mortgagee shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or the Transaction Documents, neither Investor nor any other holder of the Credit Agreements, Mortgagee Note (“Noteholder”) shall never ever be entitled to receive, collect, or apply, as interest on the LoansNote, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Noteholder ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Note is paid in full, any remaining excess shall promptly be paid to Mortgagorthe Company. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor the Company and the Noteholder shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect effects thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the Note; provided, however, that that, if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee the Noteholder shall refund to Mortgagor the Company the amount of such excess and, in such event, Mortgagee the Noteholder shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Documents, Mortgagee the Banks shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee the Banks ever receivesreceive, collects collect or applies apply as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to Mortgagorthe Borrowers. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor the Borrowers and the Banks shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; providedPROVIDED, howeverHOWEVER, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee the Banks shall refund to Mortgagor the Borrowers the amount of such excess and, in such event, Mortgagee the Banks shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust ----------------------- Mortgage or any of the Credit Agreements, Mortgagee shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to MortgagorMortgagors. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee shall refund to Mortgagor Mortgagors the amount of such excess and, in such event, Mortgagee shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansCREDIT AGREEMENT PAGE 59 66 Revolving Loan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Revolving Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsTransaction Documents, Mortgagee Stratford shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Stratford ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to Mortgagorthe Company. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor the Company and Stratford shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Stratford shall refund to Mortgagor the Company the amount of such excess and, in such event, Mortgagee Stratford shall not be subject to any penalties -66- 73 provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Documents, Mortgagee Lender shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lender ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Lender shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the each AGF Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the such AGF Note; providedPROVIDED, howeverHOWEVER, CREDIT AGREEMENT 43 that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Lender shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Lender shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust Mortgage or any of the Credit Agreements, Mortgagee shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid or discharged in full, any remaining excess shall promptly be paid to MortgagorMortgagors. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Mortgagors shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the particular Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the such Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee shall refund to Mortgagor Mortgagors the amount of such excess excess, and, in such event, Mortgagee shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee the Lenders shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lenders ever receivesreceive, collects collect or applies apply as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan be paid in full, any remaining excess shall promptly be paid to Mortgagorthe Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor the Borrower and the Lenders shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout through the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee the Lenders shall refund to Mortgagor the Borrower the amount of such excess and, in such event, Mortgagee the Lenders shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving serving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansRevolving Loan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Revolving Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor WPC, Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if thatif the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision ---------------------- contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Banks ever receivesreceive, collects collect or applies apply as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Noteapplicable Notes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid -------- ------- principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust Agreement or any of in the Credit Agreementsother Loan Papers, Mortgagee no Bank shall never be entitled to receive, collect, or apply, as interest on the Revolving Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Revolving Loan is paid in full, any remaining excess shall promptly be paid to MortgagorDebtor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Debtor, Secured Party and each Bank shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than 104 as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee the Banks shall refund to Mortgagor Debtor the amount of such excess and, in such event, Mortgagee neither Secured Party nor any Bank shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Documents, Mortgagee Lender shall never be entitled to receive, collect, or apply, as interest on the LoansLoans or any other Obligations, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lender ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Lender shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteLoans, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteLoans; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Lender shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Lender shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Documents, Mortgagee Lender shall never be entitled to receive, collect, or apply, as interest on the LoansRevolving Loan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lender ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Revolving Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrowers. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrowers and Lender shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteRevolving Loans, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteRevolving Loans; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Lender shall refund to Mortgagor Borrowers the amount of such excess and, in such event, Mortgagee Lender shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust Mortgage or any of the Credit Agreements, Mortgagee shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to Mortgagor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee shall refund to Mortgagor the amount of such excess and, in such event, Mortgagee shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Banks ever receivesreceive, collects collect or applies apply as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect effects thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Noteapplicable Notes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision ---------------------- contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, -------- ------- that if the unpaid principal balance thereof is paid and performed in full prior ---- to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Documents, Mortgagee Lender shall never be entitled to receive, collect, or apply, as interest on the LoansRevolving Loan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lender ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Revolving Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Lender shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteRevolving Loans, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteRevolving Loans; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Lender shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Lender shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Lender shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lender ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Lender shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the applicable Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the applicable Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Lender shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Lender shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision ---------------------- contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect effects thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that -------- ------- that, if the unpaid principal balance thereof is paid and performed in full ---- prior to the end of the full contemplated term thereof, and if the interest received for the actual appropriate period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust ---------------------- Mortgage or any of the Credit Agreements, Mortgagee shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to MortgagorMortgagors. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Mortgagors shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee shall refund to Mortgagor Mortgagors the amount of such excess excess, and, in such event, Mortgagee shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust the Note or any of the Credit Agreementsother Loan Documents, Mortgagee Lender shall never not ever be entitled to receive, collect, or apply, as interest on the LoansNote, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lender ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment pre-payment of principal and treated hereunder as such; and if the Loans are Note is paid in full, any remaining excess shall promptly be paid to Mortgagorthe Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor the Borrower and the Lender shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments pre-payments and the effect effects thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee the Lender shall refund to Mortgagor the Borrower the entire amount of such excess and, in such event, Mortgagee the Lender shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision ---------------------- contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, provided -------- however, that if the unpaid principal balance thereof is paid and performed in ------- ---- full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust Mortgage or any of the Credit Agreementsother Loan Documents, Mortgagee Secured Parties shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Secured Party ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to Mortgagor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor and Secured Parties shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Secured Parties shall refund to Mortgagor the amount of such excess and, in such event, Mortgagee Secured Parties shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Documents, Mortgagee Lenders shall never be entitled to contract for, charge, receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lenders ever receivescontract for, collects charge, receive, collect or applies apply as interest any such excess, such the amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Lenders shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; providedPROVIDED, howeverHOWEVER, that THAT if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest contracted for, charged or received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Lenders shall refund to Mortgagor Borrower or any Subsidiary, as appropriate, the amount of such the excess and, in such that event, Mortgagee shall Lenders shall, to the fullest extent permitted under applicable law, not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust Mortgage or any of the Credit Agreementsother Loan Documents, Mortgagee the Lenders shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Highest Lawful RateRate (as defined in the Credit Agreement), and in the event Mortgagee any Lender ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to Mortgagor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Highest Lawful Rate, Mortgagor and the Lenders shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Highest Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Highest Lawful Rate, Mortgagee the Lenders shall refund to Mortgagor the amount of such excess and, in such event, Mortgagee the Lenders shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Highest Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansRevolving Loan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Revolving Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; providedPROVIDED, howeverHOWEVER, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansRevolving Loan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Revolving Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteRevolving Loan, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteRevolving Loan; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Documents, Mortgagee Lenders shall never be entitled to contract for, charge, receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee Lenders ever receivescontract for, collects charge, receive, collect or applies apply as interest any such excess, such the amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Lenders shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest contracted for, charged or received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Lenders shall refund to Mortgagor Borrower or any Subsidiary, as appropriate, the amount of such the excess and, in such that event, Mortgagee shall Lenders shall, to the fullest extent permitted under applicable law, not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust ---------------------- Mortgage or any of the Credit Agreements, Mortgagee shall never be entitled to receive, collect, or apply, as interest on the Loans, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to Mortgagor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor shall, to the extent permitted under applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee shall refund to Mortgagor the amount of such excess excess, and, in such event, Mortgagee shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision ---------------------- contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful RateRate applicable to each Bank, respectively, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Noteapplicable Notes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid -------- ------- principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or the Transaction Documents, neither Petrohawk nor any other holder of the Credit Agreements, Mortgagee Note (”Noteholder”) shall never ever be entitled to receive, collect, or apply, as interest on the LoansNote, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Noteholder ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Note is paid in full, any remaining excess shall promptly be paid to Mortgagorthe Company. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor the Company and the Noteholder shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect effects thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the Note; provided, however, that that, if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee the Noteholder shall refund to Mortgagor the Company the amount of such excess and, in such event, Mortgagee the Noteholder shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any Any provision to the contrary contained in this Deed Agreement or in any of Trust the other Operative Documents notwithstanding, it is expressly provided that in no case or event shall the aggregate of (i) all interest payable by the Lessee and (ii) the aggregate of any other amounts accrued or paid pursuant to this Agreement or any of the Credit Agreementsother Operative Documents, Mortgagee which under applicable laws are or may be deemed to constitute interest, ever exceed the maximum rate of interest which could lawfully be contracted for, charged or received. In this connection, it is expressly stipulated and agreed that it is the intent of the Lessee and the Lessor to contract in strict compliance with the applicable usury laws of the State of New York and of the United States (whichever permit the higher rate of interest) from time to time in effect. In furtherance thereof, none of the terms of this Agreement or any of the other Operative Documents shall never ever be entitled construed to receive, collect, or applycreate a contract to pay, as consideration for the use, forbearance or detention of money, interest on the Loans, any amount at a rate in excess of the Maximum Lawful Ratemaximum contract interest rate permitted to be contracted for, charged or received by the applicable laws of the United States or the State of New York (whichever permit the higher rate of interest). The Lessee and the other parties now or hereafter becoming liable for payment of any indebtedness under this Agreement or any other Operative Documents shall never be liable for interest in excess of the maximum rate that may be lawfully contracted for or charged under the laws of the State of New York and of the United States (whichever permit the higher rate of interest). If under any circumstances the aggregate amounts paid include amounts which by law are deemed interest which would exceed the maximum amount of interest which could lawfully have been contracted for, charged or received, the parties stipulate that such amounts will be deemed to have been paid as a result of an error on the part of the parties, and in the event Mortgagee ever receivesparty receiving such excess payment shall promptly, collects upon discovery of such error or applies as interest upon notice thereof from the party making such payment, refund the amount of such excess or at the option of the Lessor, credit such excess against any such excessunpaid principal balance owing. To the maximum extent permitted by applicable law, such amount which would be deemed excessive interest shall be deemed a partial prepayment all amounts contracted for, charged or received for the use, forbearance, or detention of principal and treated hereunder as such; and if the Loans are paid in full, any remaining excess shall promptly be paid to Mortgagor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor money shall, to the extent permitted under by applicable law, (a) characterize any non-principal payment as an expensebe amortized, fee or premium rather than as interestprorated, (b) exclude voluntary prepayments allocated and the effect thereof, and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest spread throughout the entire contemplated full term of the Note, so that the interest rate is the Maximum Lawful Rate throughout the entire term Lease. The provisions of this Section 8.12 shall control all of the Note; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee shall refund to Mortgagor the amount of such excess and, in such event, Mortgagee shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful RateOperative Documents.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansRevolving Loan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Revolving Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrower and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteRevolving Loans, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteRevolving Loans; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrower the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws Laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.

Limitation on Interest. Regardless of any provision contained in this Deed of Trust or any of the Credit AgreementsLoan Papers, Mortgagee Banks shall never be entitled to receive, collect, or apply, as interest on the LoansLoan, any amount in excess of the Maximum Lawful Rate, and in the event Mortgagee any Bank ever receives, collects or applies as interest any such excess, such amount which would be deemed excessive interest shall be deemed a partial prepayment of principal and treated hereunder as such; and if the Loans are Loan is paid in full, any remaining excess shall promptly be paid to MortgagorBorrowers. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Lawful Rate, Mortgagor Borrowers and Banks shall, to the extent permitted under applicable lawLaw, (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effect thereof, effects thereof and (c) amortize, prorate, allocate and spread, in equal parts, the total amount of the interest throughout the entire contemplated term of the NoteNotes, so that the interest rate is the Maximum Lawful Rate throughout the entire term of the NoteNotes; provided, however, that if the unpaid principal balance thereof is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the Maximum Lawful Rate, Mortgagee Banks shall refund to Mortgagor Borrowers the amount of such excess and, in such event, Mortgagee Banks shall not be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of the Maximum Lawful Rate.