Maximum Interest Payable. The Company, each Purchaser and any other holder of the Notes specifically intend and agree to limit contractually the amount of interest payable under this Agreement, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this Agreement, the Notes or any instrument pertaining to or relating to this Agreement or the Notes shall ever be construed to create a contract to pay interest at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, any guarantor nor any other party liable or to become liable hereunder, under the Notes, any guaranty or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 11T shall control over all other provisions of this Agreement, the Notes, any guaranty or any other instrument pertaining to or relating to the transactions herein contemplated. If any amount of interest taken or received by a Purchaser or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by such Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall be refunded promptly by
Appears in 1 contract
Sources: Note Purchase and Private Shelf Agreement (Coca Cola Bottling Co Consolidated /De/)
Maximum Interest Payable. The CompanyIssuer, each Purchaser the Indenture Trustee and any other holder the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this AgreementIndenture, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this AgreementIndenture, the Notes or any instrument pertaining to or relating to or executed in connection with this Agreement Indenture or the Notes shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, any guarantor Issuer nor any other party liable or to become liable hereunder, under the Notes, any guaranty Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 11T Section shall control over all other provisions of this AgreementIndenture, the Notes, any guaranty Notes or any other instrument pertaining to or relating to the transactions herein or therein contemplated. If any amount of interest taken or received by a Purchaser the Indenture Trustee or any holder Holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by such Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall be refunded promptly byapplicable
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Maximum Interest Payable. The CompanyIssuer, each Purchaser the Indenture Trustee and any other holder the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this AgreementIndenture, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this AgreementIndenture, the Notes or any instrument pertaining to or relating to or executed in connection with this Agreement Indenture or the Notes shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, any guarantor Issuer nor any other party liable or to become liable hereunder, under the Notes, any guaranty Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 11T Section shall control over all other provisions of this Agreement, the Notes, any guaranty or any other instrument pertaining to or relating to the transactions herein contemplated. If any amount of interest taken or received by a Purchaser or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by such Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall be refunded promptly byIndenture,
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Maximum Interest Payable. The CompanyIssuer, each Purchaser the Indenture Trustee and any other holder the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this AgreementIndenture, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this AgreementIndenture, the Notes or any instrument pertaining to or relating to or executed in connection with this Agreement Indenture or the Notes shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, any guarantor Issuer nor any other party liable or to become liable hereunder, under the Notes, any guaranty Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 11T Section shall control over all other provisions of this AgreementIndenture, the Notes, any guaranty Notes or any other instrument pertaining to or relating to the transactions herein contemplated. If any amount of interest taken or received by a Purchaser or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by such Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall be refunded promptly bytherein
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Maximum Interest Payable. The Company, each Purchaser and any other holder of the Notes specifically intend and agree to limit contractually the amount of interest payable under this Agreement, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this Agreement, the Notes or any instrument pertaining to or relating to this Agreement or the Notes shall ever be construed to create a contract to pay interest at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, any guarantor nor any other party liable or to become liable hereunder, under the Notes, any guaranty or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 11T shall control over all other provisions of this Agreement, the Notes, any guaranty or any other instrument pertaining to or relating to the transactions herein contemplated. If any amount of interest taken or received by a Purchaser or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by such Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall be refunded promptly bysuch
Appears in 1 contract
Sources: Note Purchase and Private Shelf Agreement (Coca Cola Bottling Co Consolidated /De/)
Maximum Interest Payable. The CompanyIssuer, each Purchaser the Indenture Trustee and any other holder the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this AgreementIndenture, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this AgreementIndenture, the Notes or any instrument pertaining to or relating to or executed in connection with this Agreement Indenture or the Notes shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, any guarantor Issuer nor any other party liable or to become liable hereunder, under the Notes, any guaranty Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 11T Section shall control over all other provisions of this AgreementIndenture, the Notes, any guaranty Notes or any other instrument pertaining to or relating to the transactions herein or therein contemplated. If any amount of interest taken or received by a Purchaser the Indenture Trustee or any holder Holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by such Purchaser the Indenture Trustee or such holder Holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall be refunded promptly bya
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Maximum Interest Payable. The CompanyIssuer, each Purchaser the Indenture Trustee and any other holder the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this AgreementIndenture, the Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this AgreementIndenture, the Notes or any instrument pertaining to or relating to or executed in connection with this Agreement Indenture or the Notes shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, any guarantor Issuer nor any other party liable or to become liable hereunder, under the Notes, any guaranty Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 11T Section shall control over all other provisions of this AgreementIndenture, the Notes, any guaranty Notes or any other instrument pertaining to or relating to the transactions herein or therein contemplated. If any amount of interest taken or received by a Purchaser the Indenture Trustee or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by such Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall be refunded promptly byHolder
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)