Deemed Interest Clause Samples
Deemed Interest. Participant’s investment hereunder shall be considered a 100% AT RISK INVESTMENT, not subject to any general guarantees other than the performance of STW1 and the revenues derived from such operations funded in whole or in part by Participant’s investment. It is not intended by the parties hereto that the Revenue Sharing payments due under this Agreement be deemed to constitute "interest" on the Note or other Loan Documents. However, in the event a Court of competent jurisdiction determines that the Revenue Participation Fees due and payable hereunder are deemed to be "interest" arising with respect to the obligations evidenced by the Note and other Loan Documents, and as a direct result thereof such payments under this Agreement results in Borrower having paid interest in excess of that permitted by applicable law, then all excess amounts theretofore collected by Participant shall be credited on the principal balance owing under the Note and remaining Loan Documents (or, if all sums owing thereunder have been paid in full, refunded to STW1), and the amounts thereafter collectible under this Agreement shall immediately be deemed reduced, without the necessity of the execution of any new document so as to comply with applicable law and permit the recovery of the fullest amount otherwise called for hereunder.
Deemed Interest. Except otherwise expressly provided in this Agreement, all money due and payable hereunder, other than the Purchase Price Holdback Amount and the Meyerowitz Escrow Amount, shall bear interest at the Prime Rate plus two percent (2%) per annum from the date the obligation to pay such money first arose to the date of payment. For the purposes of this provision, the Prime Rate shall be determined on the date payment was due and monthly thereafter. Each determination of Prime Rate shall apply for the period preceding the next such determination.
Deemed Interest. It is not intended by the parties hereto that the payments due under this Agreement be deemed to constitute "interest" on the Note or other Loan
Deemed Interest. At the end of each calendar quarter until the Director’s Deferred Interest Account has been fully distributed, the Director’s Deferred Interest Account shall be credited with (i) simple interest equal to the average percentage of interest earned by the Company on its marketable securities portfolio during the preceding three (3) months, or (ii) if the Company fails to have a marketable securities portfolio, the prime rate as of the end of each calendar quarter as published in the Wall Street Journal.