Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, Holder shall refund to the payor or, at Holder’s option, credit against the principal of Senior Credit Note such portion of said interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/
Appears in 7 contracts
Samples: Credit Agreement (Homebanc Corp), Credit Agreement (Homebanc Corp), Credit Agreement (Homebanc Corp)
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, the Holder of this note shall refund to the payor or, at the Holder’s 's option, credit against the principal of Senior Credit Note this note such portion of said that interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/.
Appears in 4 contracts
Samples: Credit Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc), Credit Agreement (Security Capital Pacific Trust)
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, Holder shall refund to the payor or, at Holder’s 's option, credit against the principal of Senior Credit Note such portion of said interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/.
Appears in 4 contracts
Samples: Credit Agreement (Sunset Financial Resources Inc), Assignment and Assumption Agreement (American Business Financial Services Inc /De/), Sale and Servicing Agreement (American Business Financial Services Inc /De/)
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, the Holder of this note shall refund to the payor or, at the Holder’s option, credit against the principal of Senior Credit Note this note such portion of said that interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/.
Appears in 3 contracts
Samples: Credit Agreement (Archstone Smith Operating Trust), Credit Agreement (Archstone Smith Trust), Credit Agreement (Archstone Smith Operating Trust)
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, Holder shall refund to the payor or, at Holder’s 's option, credit against the principal of Senior Credit Note this note such portion of said interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/.
Appears in 2 contracts
Samples: Warehouse Security Agreement (Mca Financial Corp /Mi/), Firstcity Financial Corp
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, the Holder of this note shall refund to the payor or, at the Holder’s option, credit Table of Contents against the principal of Senior Credit Note this note such portion of said that interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/.
Appears in 2 contracts
Samples: Credit Agreement (Archstone Smith Trust), Credit Agreement (Archstone Smith Operating Trust)
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, Holder shall refund to the payor or, at Holder’s option, credit against the principal of Senior Credit Note such portion of said interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/.
Appears in 2 contracts
Samples: Assignment and Assumption (Homebanc Corp), Credit Agreement (Homebanc Corp)
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, Holder shall refund to the payor or, at Holder’s 's option, credit against the principal of Senior Credit Note such portion of said interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/such
Appears in 1 contract
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, the Holder of this note shall refund to the payor or, at the Holder’s 's option, credit against the principal of Senior Credit Note this note such portion of said that interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/EXHIBIT C
Appears in 1 contract
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, Holder shall refund to the payor or, at Holder’s option, credit against the principal of Senior Credit Note such portion of said interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/1 of 4
Appears in 1 contract
Samples: Credit Agreement (E Loan Inc)
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the INITIALED FOR IDENTIFICATION /s/ Ceiling Rate, Holder shall refund to the payor or, at HolderXxxxxx’s option, credit against the principal of Senior Credit Note such portion of said interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/.
Appears in 1 contract
Samples: Credit Agreement (Homebanc Corp)
Excess Interest Will be Refunded or Credited. If, for any reason -------------------------------------------- whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, the Holder of this note shall refund to the payor or, at the Holder’s 's option, credit against the principal of Senior Credit Note this note such portion of said that interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/EXHIBIT C-1 -----------
Appears in 1 contract
Excess Interest Will be Refunded or Credited. If, for any reason whatever, the interest paid or received on this note during its full term produces a rate which exceeds the Ceiling Rate, Holder shall refund to the payor or, at Holder’s 's option, credit against the principal of Senior 101 Credit Note such portion of said interest as shall be necessary to cause the interest paid on this note to produce a rate equal to the Ceiling Rate. INITIALED FOR IDENTIFICATION: /s/.
Appears in 1 contract
