Common use of Maximum Lawful Interest Clause in Contracts

Maximum Lawful Interest. It is not the intention of the Administrative Agent, the Lenders or the Borrower to violate the laws of any applicable jurisdiction relating to usury or other restrictions on the maximum lawful interest rate. The Credit Agreement Documents and all other agreements between the Borrower and the Administrative Agent and/or the Lenders, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no event shall the interest paid or agreed to be paid to the Lenders for use, forbearance or detention of money loaned, or for the payment or performance of any covenant or obligation contained herein or in any other Credit Agreement Document exceed the maximum amount permissible under applicable law. If from any circumstances the Lenders shall ever receive anything of value deemed interest under applicable law which would exceed interest at the Highest Lawful Rate, such excessive interest shall be applied to the reduction of the principal amount owing hereunder, and not to the payment of interest, or if such excessive interest exceeds any unpaid balance of principal, such excess shall be refunded to the Borrower. All sums paid or agreed to be paid to the Lenders for the use, forbearance or detention of the Loan evidenced by a Note shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the affected note until payment in full, so that the rate of interest on account of such Note is uniform throughout the term thereof.

Appears in 2 contracts

Sources: Credit Agreement (Starboard Resources, Inc.), Credit Agreement (Starboard Resources, Inc.)

Maximum Lawful Interest. It is not the intention of the Administrative Agent, the Lenders Bank or the Borrower to violate the laws of any applicable jurisdiction relating to usury or other restrictions on the maximum lawful interest rate. The Credit Agreement Loan Documents and all other agreements between the Borrower and the Administrative Agent and/or the LendersBank, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no event shall the interest paid or agreed to be paid to the Lenders Bank for use, forbearance or detention of money loaned, or for the payment or performance of any covenant or obligation contained herein or in any other Credit Agreement Loan Document exceed the maximum amount permissible under applicable law. If from any circumstances the Lenders Bank shall ever receive anything of value deemed interest under applicable law which would exceed interest at the Highest Lawful Ratehighest lawful rate, such excessive interest shall be applied to the reduction of the principal amount owing hereunder, and not to the payment of interest, or if such excessive interest exceeds any unpaid balance of principal, such excess shall be refunded to the Borrower. All sums paid or agreed to be paid to the Lenders Bank for the use, forbearance or detention of the Loan evidenced by a the Note shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the affected note until payment in full, so that the rate of interest on account of such Note is uniform throughout the term thereof. This Section 2.3 shall control every other provision of the Loan Documents and all other agreements between the Bank and the Borrower contemplated hereby.

Appears in 2 contracts

Sources: Loan Agreement (Windsor Energy Resources, Inc.), Loan Agreement (Windsor Energy Resources, Inc.)

Maximum Lawful Interest. It is not the intention of the Administrative Agent, the Lenders Bank or the Borrower to violate the laws of any applicable jurisdiction relating to usury or other restrictions on the maximum lawful interest rate. The Credit Agreement Loan Documents and all other agreements between the Borrower and the Administrative Agent and/or the LendersBank, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no event shall the interest paid or agreed to be paid to the Lenders Bank for use, forbearance or detention of money loaned, or for the payment or performance of any covenant or obligation contained herein or in any other Credit Agreement Loan Document exceed the maximum amount permissible under applicable law. If from any circumstances the Lenders Bank shall ever receive anything of value deemed interest under applicable law which would exceed interest at the Highest Lawful Ratehighest lawful rate, such excessive interest shall be applied to the reduction of the principal amount owing hereunder, and not to the payment of interest, or if such excessive interest exceeds any unpaid balance of principal, such excess shall be refunded to the Borrower. All sums paid or agreed to be paid to the Lenders Bank for the use, forbearance or detention of the Loan evidenced by a the Note shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the affected note Note until payment in full, so that the rate of interest on account of such Note is uniform throughout the term thereof. This Section 2.3 shall control every other provision of the Loan Documents and all other agreements between the Bank and the Borrower contemplated hereby.

Appears in 1 contract

Sources: Loan Agreement (Hiland Holdings GP, LP)