Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Cygne Designs Inc), Security Agreement (Danskin Inc), Term Loan Agreement (Transtexas Gas Corp)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (E Com Ventures Inc), Security Agreement (PDS Financial Corp), Revolving Credit and Security Agreement (E Com Ventures Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 3 contracts
Samples: Agreement (Styrochem U S Inc), Credit and Security Agreement (Radnor Holdings Corp), Security Agreement (Radnor Holdings Corp)
Maximum Charges. In no event whatsoever shall interest and other ---------------- charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 2 contracts
Samples: Security Agreement (Delta Mills Inc), Security Agreement (Delta Woodside Industries Inc /Sc/)
Maximum Charges. In no event whatsoever shall interest and other --------------- charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 2 contracts
Samples: Credit and Security Agreement (Styrochem International Inc), Revolving Credit and Security Agreement (Styrochem International LTD)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final nonappealable determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 2 contracts
Samples: Security Agreement (Eos International Inc), Security Agreement (Dreamlife Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that the Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by the Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to the Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Loan and Security Agreement (Lets Talk Cellular & Wireless Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Security Agreement (Candies Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower Borrowers as of the date paid and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by the Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to the Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Tii Industries Inc)
Maximum Charges. In no event whatsoever shall interest and other charges amounts charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that the Lender has received interest and other charges Charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by the Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to the Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Tristar Corp
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed owned by BorrowerBorrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Agreement (Styrochem U S Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Tii Industries Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Advanced Lighting Technologies Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that the Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by the Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to the Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Subordinated Credit Agreement (Town Sports International Inc)
Maximum Charges. In no event whatsoever shall interest and --------------- other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or a court determines that any Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders such Lender shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Lender Assignment Agreement (Tarrant Apparel Group)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed owned by Borrower's, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Credit and Security Agreement (Prima Group International Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower as of the date paid and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Credit and Security Agreement (Cold Metal Products Inc)
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any a court determines that Lender has received interest and other charges hereunder in excess of the highest rate permissible applicable hereto, such excess amount interest shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that Agent or any Lender has received interest and other charges hereunder in excess of the highest rate permissible hereto, such excess amount shall be first applied to any unpaid principal balance owed by Borrower, and if the then remaining excess amount is greater than the previously unpaid principal balance, the Lenders Lender shall promptly refund such excess amount to Borrower and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: American Real Estate Partners L P
Maximum Charges. In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that a court determines that Agent or any Lender has received interest and other charges hereunder in excess of the such highest rate permissible heretorate, such excess amount interest shall be first applied to any unpaid principal balance owed by BorrowerBorrowers, and if the then remaining excess amount interest is greater than the previously unpaid principal balance, the Lenders applicable recipient shall promptly refund such excess amount to Borrower Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (General Datacomm Industries Inc)
