Maximum Interest Payable. The Company, each other Obligor, the Purchasers and any other holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this Agreement, the Notes, the other Loan Documents and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this Agreement, the Notes, the other Loan Documents or any instrument pertaining to or relating to this Agreement, the Notes or any other Loan Document shall ever be construed to create a contract to pay interest at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, each other Obligor, any other guarantor nor any other party liable or to become liable hereunder, under the Notes, any guaranty or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 12M shall control over all other provisions of this Agreement, any Notes, the other Loan Documents, any guaranty or any other instrument pertaining to or relating to the transactions herein contemplated. If any amount of interest taken or received by any Purchaser or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by any Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shall
Appears in 1 contract
Sources: Senior Notes Master Shelf Agreement (Transmontaigne Oil Co)
Maximum Interest Payable. The Company, each other Obligor, the Purchasers Purchaser and any other holders holder of the Notes specifically intend and agree to limit contractually the amount of interest payable under this Agreement, the Notes, the other Loan Documents Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this Agreement, the Notes, the other Loan Documents Notes or any instrument pertaining to or relating to this Agreement, Agreement or the Notes or any other Loan Document shall ever be construed to create a contract to pay interest at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, each other Obligor, any other guarantor nor any other party liable or to become liable hereunder, under the Notes, any guaranty or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 12M 11T shall control over all other provisions of this Agreement, any the Notes, the other Loan Documents, any guaranty or any other instrument pertaining to or relating to the transactions herein contemplated. If any amount of interest taken or received by any a Purchaser or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by any such Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shallsuch
Appears in 1 contract
Sources: Note Purchase and Private Shelf Agreement (Coca Cola Bottling Co Consolidated /De/)
Maximum Interest Payable. The Company, each other ObligorIssuer, the Purchasers Indenture Trustee and any other holders the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this AgreementIndenture, the Notes, the other Loan Documents Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this AgreementIndenture, the Notes, the other Loan Documents Notes or any instrument pertaining to or relating to or executed in connection with this Agreement, Indenture or the Notes or any other Loan Document shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, each other Obligor, any other guarantor Issuer nor any other party liable or to become liable hereunder, under the Notes, any guaranty Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 12M Section shall control over all other provisions of this Agreement, any NotesIndenture, the other Loan Documents, any guaranty Notes or any other instrument pertaining to or relating to the transactions herein or therein contemplated. If any amount of interest taken or received by any Purchaser the Indenture Trustee or any holder Holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by any Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shallapplicable
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Maximum Interest Payable. The Company, each other Obligor, the Purchasers Purchaser and any other holders holder of the Notes specifically intend and agree to limit contractually the amount of interest payable under this Agreement, the Notes, the other Loan Documents Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this Agreement, the Notes, the other Loan Documents Notes or any instrument pertaining to or relating to this Agreement, Agreement or the Notes or any other Loan Document shall ever be construed to create a contract to pay interest at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, each other Obligor, any other guarantor nor any other party liable or to become liable hereunder, under the Notes, any guaranty or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 12M 11T shall control over all other provisions of this Agreement, any the Notes, the other Loan Documents, any guaranty or any other instrument pertaining to or relating to the transactions herein contemplated. If any amount of interest taken or received by any a Purchaser or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by any such Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shallshall be refunded promptly by
Appears in 1 contract
Sources: Note Purchase and Private Shelf Agreement (Coca Cola Bottling Co Consolidated /De/)
Maximum Interest Payable. The Company, each other ObligorIssuer, the Purchasers Indenture Trustee and any other holders the Holders of the Notes specifically intend and agree to limit contractually the amount of interest payable under this AgreementIndenture, the Notes, the other Loan Documents Notes and all other instruments and agreements related hereto and thereto to the maximum amount of interest lawfully permitted to be charged under applicable law. Therefore, none of the terms of this AgreementIndenture, the Notes, the other Loan Documents Notes or any instrument pertaining to or relating to or executed in connection with this Agreement, Indenture or the Notes or any other Loan Document shall ever be construed to create a contract to pay interest (or amounts deemed to be interest under applicable law) at a rate in excess of the maximum rate permitted to be charged under applicable law, and neither the Company, each other Obligor, any other guarantor Issuer nor any other party liable or to become liable hereunder, under the Notes, any guaranty Notes or under any other instruments and agreements related hereto and thereto shall ever be liable for interest in excess of the amount determined at such maximum rate, and the provisions of this paragraph 12M Section shall control over all other provisions of this Agreement, any NotesIndenture, the other Loan Documents, any guaranty Notes or any other instrument pertaining to or relating to the transactions herein or therein contemplated. If any amount of interest taken or received by any Purchaser the Indenture Trustee or any holder of a Note shall be in excess of said maximum amount of interest which, under applicable law, could lawfully have been collected by any Purchaser or such holder incident to such transactions, then such excess shall be deemed to have been the result of a mathematical error by all parties hereto and shallHolder
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)