Common use of Maximum Lawful Rate Clause in Contracts

Maximum Lawful Rate. This Agreement and the Revolving Notes are hereby limited by this Subsection 2.20(D). In no contingency, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilities, such excess shall be refunded to Borrower.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Transaction Documents are hereby limited by this Subsection 2.20(D)Section 3.10. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Lenders exceed the maximum amount permissible under such applicable lawLaw. If, from any circumstance whatsoever, interest and fees would otherwise be payable to the Agent or any Lender the Lenders in excess of the maximum amount permissible under applicable lawLaw, the interest and fees shall at any time be reduced to the maximum amount permitted under applicable lawLaw. If from any circumstance, the Agent or any Lender the Lenders shall have received anything of value deemed interest by applicable law Law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Loans, in such manner as may be determined by the Agent, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Loans, such excess shall be refunded to Borrowerthe Loan Parties.

Maximum Lawful Rate. This Agreement Agreement, the Notes, the Warrants and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.7. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under such applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Company.

Maximum Lawful Rate. This Agreement and the Revolving Notes are hereby limited by this Subsection 2.20(D2.21(D). In no contingency, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilities, such excess shall be refunded to the applicable Borrower.

Maximum Lawful Rate. This Agreement Agreement, the Note and the Revolving Notes other Transaction Documents are hereby limited by this Subsection 2.20(D)Section 3.7. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Purchaser exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender the Purchaser in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender the Purchaser shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Note, in such manner as may be determined by the Purchaser, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Note, such excess shall be refunded to the Borrower; provided, however, that in such event the Conversion Price (as defined in the Note) of the Note shall be adjusted to preserve the economic effects of the transactions contemplated by this Agreement.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Note Documents are hereby limited by this Subsection 2.20(D)Section 3.07. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Noteholders exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Noteholders in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Noteholders shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Noteholders, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Company.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other ------------------- Purchase Documents (other than the Warrant) are hereby limited by this Subsection 2.20(D)Section 3.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Purchasers under the Notes and other Purchase Documents (other than the Warrant) exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender the Purchasers in excess of the maximum amount permissible under such applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchaser shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by the Agent, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Loan Parties.

Maximum Lawful Rate. This Agreement Agreement, the Senior Term Notes and the Revolving Notes other Transaction Documents are hereby limited by this Subsection 2.20(D)Section 3.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Purchasers exceed the maximum amount permissible under applicable lawLaw. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender the Purchasers in excess of the maximum amount permissible under applicable lawLaw, the interest and fees shall be reduced to the maximum amount permitted under applicable lawsuch Law. If from any circumstance, Agent or any Lender the Purchasers shall have received anything of value deemed interest by applicable law Law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Senior Term Notes, in such manner as may be determined by Agent, and not to the payment of fees or interest, or if such excessive excess interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Senior Term Notes, such excess shall be refunded to Borrowerthe Loan Parties.

Maximum Lawful Rate. This Agreement Agreement, the Subordinated Notes and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Subordinated Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive excess interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Subordinated Notes, such excess shall be refunded to Borrowerthe Loan Parties.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Note Documents are hereby limited by this Subsection 2.20(D)Section 2.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Purchasers exceed the maximum amount permissible under applicable lawRequirements of Law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender the Purchasers in excess of the maximum amount permissible under applicable lawsuch Requirements of Law, the interest and fees shall be reduced to the maximum amount permitted under applicable lawRequirements of Law. If from any circumstance, Agent or any Lender the Purchasers shall have received anything of value deemed interest by applicable law Requirements of Law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Issuers.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrower.the Company. Note and Equity Purchase Agreement 42

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under such applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to BorrowerCompany.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes Other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.3. In no contingency, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Purchaser exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender the Purchaser in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender the Purchaser shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by the Purchaser, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Company.

Maximum Lawful Rate. This Agreement Agreement, the Notes, and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.7. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under such applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Company.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.10. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive excess interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Loan Parties.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.7. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under such applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Company.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under such applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Loan Parties.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Purchase Documents (other than the Warrant) are hereby limited by this Subsection 2.20(D)Section 3.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Purchasers under the Notes and other Purchase Documents (other than the Warrant) exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender the Purchasers in excess of the maximum amount permissible under such applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchaser shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by the Agent, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Loan Parties.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Purchase Documents are hereby limited by this Subsection 2.20(D)Section 3.10. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive excess interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Loan Parties.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Loan Documents are hereby limited by this Subsection 2.20(D)Section 2.7. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Lenders exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Lenders in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Lenders shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Lenders, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to BorrowerBorrowers.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Transaction Documents are hereby limited by this Subsection 2.20(D)Section 3.11. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender Purchasers exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender Purchasers in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, Agent or any Lender Purchasers shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Notes, in such manner as may be determined by Purchasers, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Notes, such excess shall be refunded to Borrowerthe Company.

Maximum Lawful Rate. This Agreement Agreement, the Notes and the Revolving Notes other Transaction Documents are hereby limited by this Subsection 2.20(D)Section 3.7. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Lenders exceed the maximum amount permissible under such applicable law. If, from any circumstance whatsoever, interest and fees would otherwise be payable to the Agent or any Lender the Lenders in excess of the maximum amount permissible under applicable law, the interest and fees shall be reduced to the maximum amount permitted under applicable law. If from any circumstance, the Agent or any Lender the Lenders shall have received anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Loans, in such manner as may be determined by the Agent, and not to the payment of fees or interest, or if such excessive interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Loans, such excess shall be refunded to the Borrower.

Maximum Lawful Rate. This Agreement Agreement, the Senior Term Notes and the Revolving Notes other Transaction Documents are hereby limited by this Subsection 2.20(D)Section 3.8. In no contingencyevent, whether by reason of acceleration of the maturity of the amounts due hereunder or otherwise, shall interest and fees contracted for, charged, received, paid or agreed to be paid to Agent or any Lender the Purchasers exceed the maximum amount permissible under applicable lawLaw. If, from any circumstance whatsoever, interest and fees would otherwise be payable to Agent or any Lender the Purchasers in excess of the maximum amount permissible under applicable lawLaw, the interest and fees shall be reduced to the maximum amount permitted under applicable lawsuch Law. If from any circumstance, Agent or any Lender the Purchasers shall have received anything of value deemed interest by applicable law Law in excess of the maximum lawful amount, an amount equal to any excess of interest shall be applied to the reduction of the principal amount of the Liabilities Senior Term Notes, in such manner as may be determined by the Purchasers, and not to the payment of fees or interest, or if such excessive excess interest exceeds the unpaid balance of the principal amount of Liabilitiesthe Senior Term Notes, such excess shall be refunded to Borrowerthe Loan Parties.