Common use of Compliance with Usury Laws Clause in Contracts

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor and Secured Parties at all times to comply with the applicable Texas law governing the maximum non-usurious rate or amount of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Borrower’s Secured Liabilities does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties for the use, forbearance or detention of the Borrower’s Secured Liabilities shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the Borrower’s Secured Liabilities until payment in full so that the rate or amount of interest on account of the Borrower’s Secured Liabilities does not exceed the applicable usury ceiling. As used in this Section 22, the term “Loan Documents” shall mean all of the Loan Documents as such term is defined in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restated.

Compliance with Usury Laws. In no event shall the amount -------------------------- of interest due or payable under this Note exceed the maximum rate of interest allowed by applicable law and, in the event any such payment is inadvertently paid by the undersigned or inadvertently received by Holder, then such excess sum shall be credited as a payment of principal, unless the undersigned shall notify Holder in writing that the undersigned elects to have such excess sum returned to it forthwith. It is expressly stipulated and agreed to be the express intent of Guarantor the parties hereto that the undersigned not pay and Secured Parties at all times to comply with the applicable Texas law governing the maximum non-usurious rate Holder not receive, directly or amount of interest payable on or indirectly, in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract forany manner whatsoever, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of that which may be lawfully paid by the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the undersigned under applicable law. THE UNDERSIGNED, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunderAND HOLDER BY ACCEPTING THIS NOTE, EACH AGREE AND STIPULATE THAT THE ONLY CHARGE IMPOSED UPON THE UNDERSIGNED FOR THE USE OF MONEY IN CONNECTION WITH THIS NOTE IS AND SHALL BE THE INTEREST DESCRIBED ABOVE, AND FURTHER AGREE AND STIPULATE THAT ALL OTHER CHARGES IMPOSED BY HOLDER ON THE UNDERSIGNED IN CONNECTION WITH THIS NOTE, INCLUDING WITHOUT LIMITATION, ALL DEFAULT CHARGES, LATE CHARGES, PREPAYMENT FEES AND ATTORNEYS' FEES, ARE CHARGES MADE TO COMPENSATE HOLDER FOR UNDERWRITING OR ADMINISTRATIVE SERVICES AND COSTS OR LOSSES PERFORMED OR INCURRED, AND TO BE PERFORMED OR INCURRED, BY HOLDER IN CONNECTION WITH THIS NOTE AND SHALL UNDER NO CIRCUMSTANCES BE DEEMED TO BE CHARGES FOR THE USE OF MONEY PURSUANT TO OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 7-4-2 OR SECTION 7-4-18. The right to accelerate maturity of the Borrower’s Secured Liabilities does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties for the use, forbearance or detention of the Borrower’s Secured Liabilities shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the Borrower’s Secured Liabilities until payment in full so that the rate or amount of interest on account of the Borrower’s Secured Liabilities does not exceed the applicable usury ceiling. As used in this Section 22, the term “Loan Documents” shall mean all of the Loan Documents as such term is defined in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedALL CHARGES OTHER THAN CHARGES FOR THE USE OF MONEY SHALL BE FULLY EARNED AND NONREFUNDABLE WHEN DUE.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Borrower and Secured Parties at all times to comply with ----------------------------- Lender in the applicable Texas law governing the maximum non-usurious rate or amount execution and performance of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract forthis Agreement, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes and the other Loan Transaction Documents immediately be deemed reformed to contract in strict compliance with any and all applicable usury laws, including conflicts of law concepts, governing the amounts thereafter collectible thereunder reducedLoans. In furtherance thereof, without the necessity Lender and Borrower stipulate and agree that none of the execution of terms and provisions contained in this Agreement, the Notes or any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right other Transaction Documents shall ever be construed to accelerate maturity of the Borrower’s Secured Liabilities does not include the right create a contract to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the Borrower’s Secured Liabilities shall, to the extent highest rate permitted by applicable lawlaw (the "Highest Lawful Rate") and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such laws that are contracted for, charged or received under this Agreement, the Notes or any of the other Transaction Documents; and in the event that, notwithstanding the foregoing, under any circumstances the aggregate amounts taken, reserved, charged, received or paid on the Loans include amounts which by applicable law are deemed interest which would exceed the Highest Lawful Rate, then such excess shall be amortized, prorated, allocated deemed to be a mistake and spread throughout Lender shall credit the full term same on the principal balance of the Loans hereunder (or if all of the Borrower’s Secured Liabilities until 's Obligations shall have been paid in full, refund said excess to Borrower). In the event of demand for payment of the Notes and/or any of the other Borrower's Obligations by Lender, or in full so the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the rate Highest Lawful Rate and any excess interest, if any, provided for in this Agreement, the Notes or amount otherwise shall be canceled automatically as of interest on account the date of such acceleration or prepayment and, if theretofore paid, shall be credited against the principal balance of the Loans hereunder (or, if all of the Borrower’s Secured Liabilities does not exceed 's Obligations shall have been repaid in full, refunded to Borrower). The provisions of the applicable usury ceiling. As used in section shall control over all other provisions of this Section 22Agreement, the term “Loan Documents” shall mean all of Notes and/or the Loan other Transaction Documents as such term is defined which may be in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restated.apparent conflict herewith. [Signatures appear on page 40] [Signatures appear on the following page]

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Grantor, Agent, and Secured Parties at Holders and all times other parties to comply the Loan Documents to conform to and contract in strict compliance with the applicable Texas usury law governing the maximum nonfrom time-usurious rate or amount of interest payable on or to-time in connection with the Borrower’s Secured Liabilities effect. All agreements between Agent, Holders, and Grantor (or applicable United States federal law any other party liable with respect to any indebtedness under the extent that it permits Lenders Loan Documents) are hereby limited by the provisions of this SECTION which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to contract prepayment, default, demand for payment, or acceleration of the maturity of any obligation), shall the interest taken, reserved, contracted for, chargecharged, takechargeable, reserve or receive a greater amount received under this Deed of interest than under Texas law). If Trust, the applicable law is ever judicially interpreted so as to render usurious any amount called for under Credit Agreement, the Notes or any other Loan DocumentDocument or otherwise, or contracted forexceed the maximum nonusurious amount permitted by applicable law (the "Maximum Amount"). If, chargedfrom any possible construction of any document, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest would otherwise be payable in excess of the maximum non-usurious rate permitted by lawMaximum Amount, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties any such construction shall be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded subject to Guarantor), and the provisions of the Notes this SECTION and the other Loan Documents immediately such document shall ipso facto be deemed automatically reformed and the amounts thereafter collectible thereunder reducedinterest payable shall be automatically reduced to the Maximum Amount, without the necessity of the execution of any amendment or new document, so . If Agent or any Holder shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Amount, an amount otherwise called for hereunder equal to the amount which would have been excessive interest shall, without penalty, be applied to the reduction of the principal amount owing on the secured indebtedness in the inverse order of its maturity and thereundernot to the payment of interest, or refunded to Grantor or the other payor thereof if and to the extent such amount which would have been excessive exceeds such unpaid principal. The right to accelerate maturity of the Borrower’s Secured Liabilities Notes or any other secured indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Holders do not intend to charge or receive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Secured Parties for the use, forbearance or detention of the Borrower’s Secured Liabilities Holders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term (including any renewal or extension) of the Borrower’s Secured Liabilities until payment in full such indebtedness so that the rate or amount of interest on account of the Borrower’s Secured Liabilities such indebtedness does not exceed the applicable usury ceiling. As used in this Section 22, the term “Loan Documents” shall mean all of the Loan Documents as such term is defined in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restated.Maximum

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Borrower and Secured Parties at all times to comply with Lender in the applicable Texas law governing execution and performance of this Agreement, the maximum non-usurious rate or amount of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes Note and the other Loan Transaction Documents immediately be deemed reformed to contract in strict compliance with any and all applicable usury laws, including conflicts of law concepts, governing the Loans and the amounts thereafter collectible thereunder reducedother Borrower's Obligations. In furtherance thereof, without the necessity Lender and Borrower stipulate and agree that none of the execution of terms and provisions contained in this Agreement, the Note or any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right other Transaction Documents shall ever be construed to accelerate maturity of the Borrower’s Secured Liabilities does not include the right create a contract to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the Borrower’s Secured Liabilities shall, to the extent highest rate permitted by applicable lawlaw (the "Highest Lawful Rate") and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such laws that are contracted for, be amortizedcharged or received under this Agreement, prorated, allocated and spread throughout the full term Note or any of the Borrower’s Secured Liabilities until payment other Transaction Documents; and in full so that the rate event that, notwithstanding the foregoing, under any circumstances the aggregate amounts taken, reserved, charged, received or amount of interest paid on account the Loans and/or any of the other Borrower’s Secured Liabilities does not 's Obligations include amounts which by applicable law are deemed interest which would exceed the applicable usury ceilingHighest Lawful Rate, then such excess shall be deemed to be a mistake and Lender shall credit the same on the principal balance of the Loans and/or other Borrower's Obligations hereunder (or if all of Borrower's Obligations shall have been paid in full, refund said excess to Borrower). As used In the event of demand for payment of the Note and/or any of the other Borrower's Obligations by Lender, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the Highest Lawful Rate and any excess interest, if any, provided for in this Section 22Agreement, the term “Loan Documents” Note or otherwise shall mean be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited against the principal balance of the Loans and/or other Borrower's Obligations hereunder (or, if all of Borrower's Obligations shall have been repaid in full, refunded to Borrower). The provisions of the Loan section shall control over all other provisions of this Agreement, the Note and/or the other Transaction Documents as such term is defined which may be in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedapparent conflict herewith.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Borrower and Secured Parties at all times to comply with Lender -------------------------- in the applicable Texas law governing execution and performance of this Agreement, the maximum non-usurious rate or amount of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes Note and the other Loan Transaction Documents immediately be deemed reformed to contract in strict compliance with any and all applicable usury laws, including conflicts of law concepts, governing the Loans and the amounts thereafter collectible thereunder reducedother Borrower's Obligations. In furtherance thereof, without the necessity Lender and Borrower stipulate and agree that none of the execution of terms and provisions contained in this Agreement, the Note or any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right other Transaction Documents shall ever be construed to accelerate maturity of the Borrower’s Secured Liabilities does not include the right create a contract to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the Borrower’s Secured Liabilities shall, to the extent highest rate permitted by applicable lawlaw (the "Highest Lawful Rate") and that for purposes ------------------- hereof "interest" shall include the aggregate of all charges which constitute interest under such laws that are contracted for, be amortizedcharged or received under this Agreement, prorated, allocated and spread throughout the full term Note or any of the Borrower’s Secured Liabilities until payment other Transaction Documents; and in full so that the rate event that, notwithstanding the foregoing, under any circumstances the aggregate amounts taken, reserved, charged, received or amount of interest paid on account the Loans and/or any of the other Borrower’s Secured Liabilities does not 's Obligations include amounts which by applicable law are deemed interest which would exceed the applicable usury ceilingHighest Lawful Rate, then such excess shall be deemed to be a mistake and Lender shall credit the same on the principal balance of the Loans and/or other Borrower's Obligations hereunder (or if all of Borrower's Obligations shall have been paid in full, refund said excess to Borrower). As used In the event of demand for payment of the Note and/or any of the other Borrower's Obligations by Lender, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the Highest Lawful Rate and any excess interest, if any, provided for in this Section 22Agreement, the term “Loan Documents” Note or otherwise shall mean be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited against the principal balance of the Loans and/or other Borrower's Obligations hereunder (or, if all of Borrower's Obligations shall have been repaid in full, refunded to Borrower). The provisions of the Loan section shall control over all other provisions of this Agreement, the Note and/or the other Transaction Documents as such term is defined which may be in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedapparent conflict herewith.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Mortgagor and Secured Parties at Mortgagee and all times other parties to comply the Credit Documents to conform to and contract in strict compliance with applicable usury laws from time to time in effect. All agreements between Mortgagee and Mortgagor (or any other party liable with respect to any indebtedness under the applicable Texas law governing Credit Documents) are hereby limited by the provisions of this Section 6.11 which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration of the maturity of any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Mortgage, the Note delivered in connection therewith or any other Credit Document or otherwise, exceed the maximum non-usurious rate or amount of interest payable on or in connection with permitted by applicable law (the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law“Maximum Lawful Amount”). If the applicable law is ever judicially interpreted so as to render usurious If, from any amount called for under the Notes or possible construction of any other Loan Documentdocument, or contracted for, charged, taken, reserved or received with respect to the loan evidenced interest would otherwise by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest payable in excess of the maximum non-usurious rate permitted by lawMaximum Lawful Amount, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties any such construction shall be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded subject to Guarantor), and the provisions of the Notes this Section 6.11 and the other Loan Documents immediately such document shall ipso facto be deemed automatically reformed and the amounts thereafter collectible thereunder reducedinterest payable shall be automatically reduced to the Maximum Lawful Amount, without the necessity of the execution of any amendment or new document, so . If Mortgagee shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Lawful Amount, an amount otherwise called for hereunder equal to the amount which would have been excessive interest shall, without penalty, be applied to the reduction of the principal amount owing on the Obligations in the inverse order of its maturity and thereundernot to the payment of interest, or refunded to Mortgagor or the other payor thereof if and to the extent such amount which would have been excessive exceeds such unpaid principal. The Any right to accelerate maturity of any of the Borrower’s Secured Liabilities Obligations does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Mortgagee does not intend to charge or receive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Secured Parties for the use, forbearance or detention of the Borrower’s Secured Liabilities Mortgagee shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term (including any renewal or extension) of the Borrower’s Secured Liabilities until payment in full such indebtedness so that the rate or amount of interest on account of the Borrower’s Secured Liabilities such indebtedness does not exceed the applicable usury ceiling. As used in this Section 22, the term “Loan Documents” shall mean all of the Loan Documents as such term is defined in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedMaximum Lawful Amount.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Grantor and Secured Parties at Beneficiary and all times other parties to comply the Credit Documents to conform to and contract in strict compliance with applicable usury laws from time to time in effect. All agreements between Beneficiary and Grantor (or any other party liable with respect to any indebtedness under the applicable Texas law governing Credit Documents) are hereby limited by the provisions of this Section 6.11 which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration of the maturity of any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Deed of Trust, the Note delivered in connection therewith or any other Credit Document or otherwise, exceed the maximum non-usurious rate or amount of interest payable on or in connection with permitted by applicable law (the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law“Maximum Lawful Amount”). If the applicable law is ever judicially interpreted so as to render usurious If, from any amount called for under the Notes or possible construction of any other Loan Documentdocument, or contracted for, charged, taken, reserved or received with respect to the loan evidenced interest would otherwise by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest payable in excess of the maximum non-usurious rate permitted by lawMaximum Lawful Amount, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties any such construction shall be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded subject to Guarantor), and the provisions of the Notes this Section 6.11 and the other Loan Documents immediately such document shall ipso facto be deemed automatically reformed and the amounts thereafter collectible thereunder reducedinterest payable shall be automatically reduced to the Maximum Lawful Amount, without the necessity of the execution of any amendment or new document, so . If Beneficiary shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Lawful Amount, an amount otherwise called for hereunder equal to the amount which would have been excessive interest shall, without penalty, be applied to the reduction of the principal amount owing on the Obligations in the inverse order of its maturity and thereundernot to the payment of interest, or refunded to Grantor or the other payor thereof if and to the extent such amount which would have been excessive exceeds such unpaid principal. The Any right to accelerate maturity of any of the Borrower’s Secured Liabilities Obligations does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Beneficiary does not intend to charge or receive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Secured Parties for the use, forbearance or detention of the Borrower’s Secured Liabilities Beneficiary shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term (including any renewal or extension) of the Borrower’s Secured Liabilities until payment in full such indebtedness so that the rate or amount of interest on account of the Borrower’s Secured Liabilities such indebtedness does not exceed the applicable usury ceiling. As used in this Section 22, the term “Loan Documents” shall mean all of the Loan Documents as such term is defined in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedMaximum Lawful Amount.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Borrower and Secured Parties at all times to comply with Lender in the applicable Texas law governing execution and performance of this Agreement, the maximum non-usurious rate or amount of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes Revolving Credit Note and the other Loan Transaction Documents immediately be deemed reformed to contract in strict compliance with any and all applicable usury laws, including conflicts of law concepts, governing the amounts thereafter collectible thereunder reducedRevolving Credit Loans. In furtherance thereof, without the necessity Lender and Borrower stipulate and agree that none of the execution of terms and provisions contained in this Agreement, the Revolving Credit Note or any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right other Transaction Documents shall ever be construed to accelerate maturity of the Borrower’s Secured Liabilities does not include the right create a contract to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the Borrower’s Secured Liabilities shall, to the extent highest rate permitted by applicable lawlaw (the "Highest Lawful Rate") and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such laws that are contracted for, charged or received under this Agreement, the Revolving Credit Note or any of the other Transaction Documents; and in the event that, notwithstanding the foregoing, under any circumstances the aggregate amounts taken, reserved, charged, received or paid on the Revolving Credit Loans include amounts which by applicable law are deemed interest which would exceed the Highest Lawful Rate, then such excess shall be amortized, prorated, allocated deemed to be a mistake and spread throughout Lender shall credit the full term same on the principal balance of the Revolving Credit Loans hereunder (or if all of the Borrower’s Secured Liabilities until 's Obligations shall have been paid in full, refund said excess to Borrower). In the event of demand for payment of the Revolving Credit Note and/or any of the other Borrower's Obligations by Lender, or in full so the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the rate Highest Lawful Rate and any excess interest, if any, provided for in this Agreement, the Revolving Credit Note or amount otherwise shall be canceled automatically as of interest on account the date of such acceleration or prepayment and, if theretofore paid, shall be credited against the principal balance of the Revolving Credit Loans hereunder (or, if all of the Borrower’s Secured Liabilities does not exceed 's 42 Obligations shall have been repaid in full, refunded to Borrower). The provisions of the applicable usury ceiling. As used in section shall control over all other provisions of this Section 22Agreement, the term “Loan Documents” shall mean all of Revolving Credit Note and/or the Loan other Transaction Documents as such term is defined which may be in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedapparent conflict herewith.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Grantor, Administrative Lender, Lenders and Secured Parties at all times to comply with the applicable Texas law governing the maximum non-usurious rate or amount of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law other parties to the extent that it permits Loan Papers to conform to and contract in strict compliance with applicable usury law from time to time in effect. All agreements between Administrative Lender, Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes and Grantor (or any other Loan Document, or contracted for, charged, taken, reserved or received party liable with respect to any indebtedness under the loan evidenced Loan Papers) are hereby limited by the Notes and/or the Loan Documentsprovisions of this Section 6.11 which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, Default, demand for payment, or if the acceleration of the maturity of any obligation), shall the Borrower’s Secured Liabilities interest taken, reserved, contacted for, charged, chargeable, or if received under this Mortgage, the Notes, the Credit Agreement or any prepayment by Guarantor results other Loan Paper or otherwise, exceed the Maximum Amount (as defined in Guarantor having paid the Credit Agreement). If, from any possible construction of any document, interest would otherwise be payable in excess of the maximum non-usurious rate permitted by lawMaximum Amount, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties any such construction shall be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded subject to Guarantor), and the provisions of the Notes this Section 6.11 and the other Loan Documents immediately such document shall ipso facto be deemed automatically reformed and the amounts thereafter collectible thereunder reducedinterest payable shall be automatically reduced to the Maximum Amount, without the necessity of the execution of any amendment or new document, so . If Administrative Lender or Lenders shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Amount, an amount otherwise called for hereunder equal to the amount which would have been excessive interest shall, without penalty, be applied to the reduction of the principal amount owing on the Secured Indebtedness in the inverse order of its maturity and thereundernot to the payment of interest, or refunded to Grantor or the other payor thereof if and to the extent such amount which would have been excessive exceeds such unpaid principal. The Any right to accelerate maturity of the Borrower’s Notes or any other Secured Liabilities Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Administrative Lender and Lenders do not intend to charge or receive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Secured Parties for the use, forbearance or detention of the Borrower’s Secured Liabilities Administrative Lender and Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term (including any renewal or extension) of the Borrower’s Secured Liabilities until payment in full such indebtedness so that the rate or amount of interest on account of the Borrower’s Secured Liabilities such indebtedness does not exceed the applicable usury ceilingMaximum Amount. As used in this Section 22Section, the term “Loan Documents” "applicable law" shall mean all the laws of the Loan Documents State of Texas or the federal laws of the United States applicable to this transaction, whichever laws allow the greater interest, as such term is defined laws now exist or may be changed or amended or come into effect in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedthe future.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Borrowers and Secured Parties at all times to comply with Lender -------------------------- in the applicable Texas law governing execution and performance of this Agreement, the maximum non-usurious rate or amount of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes Revolving Credit Note and the other Loan Transaction Documents immediately be deemed reformed to contract in strict compliance with any and all applicable usury laws, including conflicts of law concepts, governing the Loans and the amounts thereafter collectible thereunder reducedother Borrowers' Obligations. In furtherance thereof, without the necessity Lender and Borrowers stipulate and agree that none of the execution of terms and provisions contained in this Agreement, the Revolving Credit Note or any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right other Transaction Documents shall ever be construed to accelerate maturity of the Borrower’s Secured Liabilities does not include the right create a contract to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the Borrower’s Secured Liabilities shall, to the extent highest rate permitted by applicable lawlaw (the "Highest Lawful Rate") and that for purposes hereof "interest" shall include the aggregate of all charges which constitute interest under such laws that are contracted for, be amortizedcharged or received under this Agreement, prorated, allocated and spread throughout the full term Revolving Credit Note or any of the Borrower’s Secured Liabilities until payment other Transaction Documents; and in full so that the rate event that, notwithstanding the foregoing, under any circumstances the aggregate amounts taken, reserved, charged, received or amount of interest paid on account the Loans and/or any of the Borrower’s Secured Liabilities does not other Borrowers' Obligations include amounts which by applicable law are deemed interest which would exceed the applicable usury ceiling. As used in this Section 22Highest Lawful Rate, then such excess shall be deemed to be a mistake and Lender shall credit the term “Loan Documents” shall mean same on the principal balance of the Loans and/or other Borrowers' Obligations hereunder (or if all of the Loan Borrowers' Obligations shall have been paid in full, refund said excess to Borrowers). In the event of demand for payment of the Revolving Credit Note and/or any of the other Borrowers' Obligations by Lender, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the Highest Lawful Rate and any excess interest, if any, provided for in this Agreement, the Revolving Credit Note or otherwise shall be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited against the principal balance of the Loans and/or other Borrowers' Obligations hereunder (or, if all of the Borrowers' Obligations shall have been repaid in full, refunded to Borrowers). The provisions of the section shall control over all other provisions of this Agreement, the Revolving Credit Note and/or the other Transaction Documents as such term is defined which may be in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedapparent conflict herewith.

Compliance with Usury Laws. It is expressly the intent of Grantor and Noteholder and all other parties to the Loan Documents to contract in strict compliance with applicable usury law from time to time in effect. In furtherance thereof, it is stipulated and agreed to be that none of the intent of Guarantor terms and Secured Parties at all times to comply with the applicable Texas law governing the maximum non-usurious rate or amount of interest payable on or provisions contained herein and in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan DocumentsDocuments shall ever be construed to create a contract to pay, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Borrower’s Secured Liabilities does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties for the use, forbearance or detention of money, interest in excess of the Borrower’s Secured Liabilities maximum amount of interest permitted to be charged by applicable law from time to time in effect. Neither Grantor nor any present or future guarantors, endorsers or other parties now or hereafter becoming liable for payment of the secured indebtedness shall ever be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the maximum interest that may be lawfully charged under applicable law from time to time in effect, and the provisions of this paragraph shall control over all other provisions hereof and of the Loan Documents which may be in conflict or apparent conflict with any applicable law. Noteholder expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the event the maturity of the secured indebtedness is accelerated. If (a) the maturity of the secured indebtedness is accelerated for any reason, (b) the secured indebtedness is prepaid and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or (c) Noteholder or any other holder of any or all of the secured indebtedness shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest on any or all of the secured indebtedness to an amount in excess of that permitted to be charged by applicable law then in effect, then all such sums determined to constitute interest in excess of such legal limit shall, without penalty, be promptly applied to reduce the extent then outstanding principal of the secured indebtedness or, at Noteholder's or such holder's option, promptly returned to Grantor or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific contingency, exceeds the maximum amount permitted by under applicable law, be amortizedGrantor (and any other payor thereof) and Noteholder shall to the greatest extent permitted under applicable law (a) characterize any non-principal payment as an expense, proratedfee or premium rather than as interest, allocated (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, and spread the total amount of interest throughout the full entire contemplated term of the Borrower’s Secured Liabilities until payment instruments evidencing the secured indebtedness in full so that accordance with the amounts outstanding from time to time thereunder and the maximum legal rate or of interest from time to time in effect under applicable law in order to lawfully charge the maximum amount of interest on account permitted under applicable law. In the event that applicable law provides for an interest ceiling, that ceiling shall be the weekly ceiling provided for in Chapter 303 of the Borrower’s Secured Liabilities does not exceed the applicable usury ceilingTexas Finance Code. As used in this Section 22section, the term “Loan Documents” "applicable law" shall mean all the laws of the Loan Documents State of Texas or the laws of the United States, whichever laws allow the _greater interest, as such term is defined laws now exist or may be changed or amended or come into effect in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedthe future.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Borrower, Agent and Secured Parties at all times to comply with each Lender in the applicable Texas law governing the maximum non-usurious rate or amount execution and performance of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract forthis Agreement, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes and the other Loan Transaction Documents immediately be deemed reformed to contract in strict compliance with any and all applicable usury Laws, including conflicts of law concepts, governing the Loans and the amounts thereafter collectible thereunder reducedother Borrower’s Obligations. In furtherance thereof, without the necessity Agent, each Lender and Borrower stipulate and agree that none of the execution of terms and provisions contained in this Agreement, the Notes or any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right other Transaction Documents shall ever be construed to accelerate maturity of the Borrower’s Secured Liabilities does not include the right create a contract to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the Borrower’s Secured Liabilities shall, to the extent highest rate permitted by applicable lawLaw (the “Highest Lawful Rate”) and that for purposes hereof “interest” shall include the aggregate of all charges which constitute interest under such Laws that are contracted for, be amortizedcharged or received under this Agreement, prorated, allocated and spread throughout the full term Notes or any of the other Transaction Documents; and in the event that, notwithstanding the foregoing, under any circumstances the aggregate amounts taken, reserved, charged, received or paid on the Loans and/or any of the other Borrower’s Secured Liabilities until payment in full so that the rate or amount of Obligations include amounts which by applicable Law are deemed interest on account of the Borrower’s Secured Liabilities does not which would exceed the applicable usury ceiling. As used in this Section 22Highest Lawful Rate, then such excess shall be deemed to be a mistake and Agent and each Lender shall credit the term “Loan Documents” shall mean all same on the principal balance of the Loan and/or other Borrower’s Obligations hereunder (or if all of Borrower’s Obligations shall have been paid in full (other than contingent or similar obligations not yet due and payable, and any of Borrower’s Obligations arising under Swap Contracts or Treasury Management Agreements and any of Borrower’s Obligations for which Credit Support has been provided), refund said excess to Borrower). In the event of demand for payment of the Notes and/or any other Borrower’s Obligations by Agent or any Lender, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the Highest Lawful Rate and any excess interest, if any, provided for in this Agreement, the Notes or otherwise shall be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited against the principal balance of the Loan and/or other Borrower’s Obligations hereunder (or, if all Borrower’s Obligations shall have been repaid in full (other than contingent or similar obligations not yet due and payable, and any of Borrower’s Obligations arising under Swap Contracts or Treasury Management Agreements and any of Borrower’s Obligations for which Credit Support has been provided), refunded to Borrower). The provisions in this section shall control over all other provisions of this Agreement, the Notes and/or the other Transaction Documents as such term is defined which may be in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedapparent conflict herewith.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Trustor and Secured Parties at Beneficiary and all times other parties to comply the Credit Documents to conform to and contract in strict compliance with applicable usury laws from time to time in effect. All agreements between Beneficiary and Trustor (or any other party liable with respect to any indebtedness under the applicable Texas law governing Credit Documents) are hereby limited by the provisions of this Section 6.11 which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration of the maturity of any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Deed of Trust, the Note delivered in connection therewith or any other Credit Document or otherwise, exceed the maximum non-usurious rate or amount of interest payable on or in connection with permitted by applicable law (the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law“Maximum Lawful Amount”). If the applicable law is ever judicially interpreted so as to render usurious If, from any amount called for under the Notes or possible construction of any other Loan Documentdocument, or contracted for, charged, taken, reserved or received with respect to the loan evidenced interest would otherwise by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest payable in excess of the maximum non-usurious rate permitted by lawMaximum Lawful Amount, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties any such construction shall be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded subject to Guarantor), and the provisions of the Notes this Section 6.11 and the other Loan Documents immediately such document shall ipso facto be deemed automatically reformed and the amounts thereafter collectible thereunder reducedinterest payable shall be automatically reduced to the Maximum Lawful Amount, without the necessity of the execution of any amendment or new document, so . If Beneficiary shall ever receive anything of value which is characterized as to comply with the interest under applicable law, but so as to permit the recovery law and which would apart from this provision be in excess of the fullest Maximum Lawful Amount, an amount otherwise called for hereunder equal to the amount which would have been excessive interest shall, without penalty, be applied to the reduction of the principal amount owing on the Obligations in the inverse order of its maturity and thereundernot to the payment of interest, or refunded to Trustor or the other payor thereof if and to the extent such amount which would have been excessive exceeds such unpaid principal. The Any right to accelerate maturity of any of the Borrower’s Secured Liabilities Obligations does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Beneficiary does not intend to charge or receive any unearned interest in the event of acceleration. All sums interest paid or agreed to be paid to Secured Parties for the use, forbearance or detention of the Borrower’s Secured Liabilities Beneficiary shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term (including any renewal or extension) of the Borrower’s Secured Liabilities until payment in full such indebtedness so that the rate or amount of interest on account of the Borrower’s Secured Liabilities such indebtedness does not exceed the applicable usury ceiling. As used in this Section 22, the term “Loan Documents” shall mean all of the Loan Documents as such term is defined in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedMaximum Lawful Amount.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Borrower and Secured Parties at all times to comply with Lender in the applicable Texas law governing execution and performance of this Agreement, the maximum non-usurious rate or amount of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law to the extent that it permits Lenders to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Notes or any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the loan evidenced by the Notes and/or the Loan Documents, or if the acceleration of the maturity of the Borrower’s Secured Liabilities or if any prepayment by Guarantor results in Guarantor having paid any interest in excess of the maximum non-usurious rate permitted by law, then it is Guarantor’s and Secured Parties’ express intent that all excess amounts theretofore collected by Secured Parties be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), and the provisions of the Notes Note and the other Loan Transaction Documents immediately be deemed reformed to contract in strict compliance with any and all applicable usury Laws, including conflicts of law concepts, governing the Loans and the amounts thereafter collectible thereunder reducedother Borrower’s Obligations. In furtherance thereof, without the necessity Lender and Borrower stipulate and agree that none of the execution of terms and provisions contained in this Agreement, the Note or any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right other Transaction Documents shall ever be construed to accelerate maturity of the Borrower’s Secured Liabilities does not include the right create a contract to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties pay, as consideration for the use, forbearance or detention of money, interest at a rate in excess of the Borrower’s Secured Liabilities shall, to the extent highest rate permitted by applicable lawLaw (the “Highest Lawful Rate”) and that for purposes hereof “interest” shall include the aggregate of all charges which constitute interest under such Laws that are contracted for, be amortizedcharged or received under this Agreement, prorated, allocated and spread throughout the full term Note or any of the other Transaction Documents; and in the event that, notwithstanding the foregoing, under any circumstances the aggregate amounts taken, reserved, charged, received or paid on the Loans and/or any of the other Borrower’s Secured Liabilities until payment in full so that Obligations include amounts which by applicable Law are deemed interest which would exceed the rate or amount of interest Highest Lawful Rate, then such excess shall be deemed to be a mistake and Lender shall credit the same on account the principal balance of the Loans and/or other Borrower’s Secured Liabilities does not exceed Obligations hereunder (or if all of Borrower’s Obligations shall have been paid in full, refund said excess to Borrower). In the applicable usury ceiling. As used event of demand for payment of the Note and/or any of the other Borrower’s Obligations by Lender, or in the event of any required or permitted prepayment, then such consideration that constitutes interest may never include more than the Highest Lawful Rate and any excess interest, if any, provided for in this Section 22Agreement, the term “Loan Documents” Note or otherwise shall mean be canceled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited against the principal balance of the Loans and/or other Borrower’s Obligations hereunder (or, if all of Borrower’s Obligations shall have been repaid in full, refunded to Borrower). The provisions of the Loan section shall control over all other provisions of this Agreement, the Note and/or the other Transaction Documents as such term is defined which may be in Section 1(b) hereof, together with this Agreement as may from time to time be amended, supplemented, renewed or restatedapparent conflict herewith.

Compliance with Usury Laws. It is expressly stipulated and agreed to be the intent of Guarantor Maker and Secured Parties Payee at all times to comply with the applicable Texas state law governing the maximum non-usurious rate or amount of interest payable on or in connection with the Borrower’s Secured Liabilities (or applicable United States federal law (to the extent that it permits Lenders Payee to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under Texas state law)) and that this paragraph shall control every other covenant and agreement in this Note and the other Loan Documents. If the applicable law (state or federal) is ever judicially interpreted so as to render usurious any amount called for under this Note or under any of the Notes or any other Loan DocumentDocuments, or contracted for, charged, taken, reserved reserved, or received with respect to the loan evidenced by the Notes and/or the Loan DocumentsDebt, or if the acceleration Payee's exercise of the maturity of option to accelerate the Borrower’s Secured Liabilities Maturity Date, or if any prepayment by Guarantor Maker results in Guarantor Maker having paid any interest in excess of the maximum non-usurious rate that permitted by applicable law, then it is Guarantor’s and Secured Parties’ Payee's express intent that all excess amounts theretofore collected by Secured Parties Payee shall be credited on the principal balance of the Borrower’s Secured Liabilities (or, if the Borrower’s Secured Liabilities has been or would thereby be paid in full, refunded to Guarantor), this Note and all other Debt and the provisions of the Notes this Note and the other Loan Documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documentdocuments, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and or thereunder. The right to accelerate maturity of the Borrower’s Secured Liabilities does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Secured Parties Payee for the use, forbearance forbearance, or detention of the Borrower’s Secured Liabilities Debt shall, to the extent permitted by applicable law, be amortized, prorated, allocated allocated, and spread throughout the full stated term of the Borrower’s Secured Liabilities Debt until payment in full so that the rate or amount of interest on account of the Borrower’s Secured Liabilities Debt does not exceed the applicable usury ceiling. As used in this Section 22, the term “Loan Documents” shall mean all of the Loan Documents as such term is defined in Section 1(b) hereof, together with this Agreement as may maximum lawful rate from time to time be amendedin effect and applicable to the Debt for so long as the Debt is outstanding. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, supplemented, renewed it is not the intention of Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or restatedto collect unearned interest at the time of such acceleration.