Common use of Maximum Payments Clause in Contracts

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 657 contracts

Samples: Forbearance Agreement (Lilis Energy, Inc.), Note Purchase Agreement (Small World Kids Inc), Subscription Agreement (Viryanet LTD)

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Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.

Appears in 116 contracts

Samples: Secured Term Note (Thomas Equipment, Inc.), Subordination Agreement (Deja Foods Inc), Secured Term Note (Thomas Equipment, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.

Appears in 86 contracts

Samples: Securities Purchase Agreement (Modtech Holdings Inc), Securities Purchase Agreement (Standard Management Corp), Secured Term Note (Digital Recorders Inc)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.

Appears in 37 contracts

Samples: Stock Purchase Agreement (Joe's Jeans Inc.), Amendment Agreement (Repros Therapeutics Inc.), Form of Amendment Agreement (Amyris, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 26 contracts

Samples: Security Agreement (ADVANCED MEDICAL ISOTOPE Corp), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Wizard World, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by Buyer or the Borrower Insiders to the Holder Seller and thus refunded to Buyer or the BorrowerInsiders, as applicable.

Appears in 14 contracts

Samples: Stock Purchase Agreement (Armour Residential REIT, Inc.), Stock Purchase Agreement (Victory Park Capital Advisors, LLC), Stock Purchase Agreement (Armour Residential REIT, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to ---------------- establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 12 contracts

Samples: Amnis Systems Inc, Kaire Holdings Inc, Global Telemedia International Inc

Maximum Payments. Nothing contained herein shall be deemed to establish ---------------- or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 11 contracts

Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Borrowers to the Holder and thus refunded to the Borrower.Borrowers

Appears in 10 contracts

Samples: Secured Term Note (Thomas Equipment, Inc.), Secured Term Note (Thomas Equipment, Inc.), Securities Purchase Agreement (Leo Motors, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 10 contracts

Samples: Convertible Debenture (KonaRed Corp), Sheet (KonaRed Corp), Tauriga Sciences, Inc.

Maximum Payments. Nothing contained herein shall be deemed ----------------- to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 8 contracts

Samples: Family Room Entertainment Corp, Youbet Com Inc, Youbet Com Inc

Maximum Payments. Nothing contained herein shall be deemed to ----------------- establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 8 contracts

Samples: Secured Term (Elec Communications Corp), Secured Term Note (Elec Communications Corp), Sequiam Corp

Maximum Payments. Nothing contained herein shall may be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall will be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 7 contracts

Samples: Security Agreement (Cord Blood America, Inc.), Non Compete and Lockup Agreement (Sys), Securities Purchase Agreement (Lithium Exploration Group, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Buyer or Insider to the Holder Seller and thus refunded to the BorrowerBuyer or Insider, as applicable.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Centurion Credit Funding LLC), Stock Purchase Agreement (BBV Vietnam S.E.A. Acquisition Corp.), Stock Purchase Agreement (BBV Vietnam S.E.A. Acquisition Corp.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable lawLaw. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such lawLaw, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Corporation to the Holder and thus refunded to the BorrowerCorporation.

Appears in 7 contracts

Samples: Purchase Agreement (Samson Investment CO), Purchase Agreement (Samson Investment CO), Purchase Agreement (X-Change Corp)

Maximum Payments. Nothing contained herein shall be deemed to ----------------- establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.

Appears in 6 contracts

Samples: Secured Term (Texhoma Energy Inc), New Century Energy Corp., New Century Energy Corp.

Maximum Payments. Nothing contained herein shall be deemed to establish ---------------- or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.

Appears in 5 contracts

Samples: New Century Energy Corp., New Century Energy Corp., New Century Energy Corp.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Borrowers to the Holder and thus refunded to the BorrowerBorrowers.

Appears in 5 contracts

Samples: Maxim Mortgage Corp/, Maxim Mortgage Corp/, Thomas Equipment, Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 4 contracts

Samples: Smart Decision, Inc., StrikeForce Technologies Inc., Smart Decision, Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Company to the applicable Holder and thus refunded to the BorrowerCompany.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Aditxt, Inc.), Exchange Agreement (Akerna Corp.), Loan and Security Agreement (Fuelcell Energy Inc)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 4 contracts

Samples: RespireRx Pharmaceuticals Inc., RespireRx Pharmaceuticals Inc., Statera Biopharma, Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Borrowers to the Holder and thus refunded to the BorrowerBorrowers.

Appears in 4 contracts

Samples: Omni Usa Inc, Thomas Equipment, Inc., Catalyst Lighting Group Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Payor to the Holder Payee and thus refunded to the BorrowerPayor.

Appears in 4 contracts

Samples: Guaranty Agreement (Cosmos Holdings Inc.), Guaranty Agreement (Cosmos Holdings Inc.), Guaranty Agreement (Cosmos Holdings Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder Holders and thus refunded to the Borrower.

Appears in 3 contracts

Samples: Corgenix Medical Corp/Co, Convertible Note (Interiors Inc), Convertible Note (Interiors Inc)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder Lender and thus refunded to the Borrower.

Appears in 3 contracts

Samples: Bearing Loan Agreement (XPLOSION Inc), Monterey Capital Acquisition Corp, Guardion Health Sciences, Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus the remainder, if any, refunded to the Borrower.

Appears in 3 contracts

Samples: Tidel Technologies Inc, Tidel Technologies Inc, Tidel Technologies Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 3 contracts

Samples: Brekford International Corp., Brekford International Corp., Brekford International Corp.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Company to the Holder Purchaser and thus refunded to the BorrowerCompany.

Appears in 3 contracts

Samples: Securities Purchase Agreement (It&e International Group), Omnibus Amendment (It&e International Group), It&e International Group

Maximum Payments. Nothing contained herein shall be deemed ---------------- to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 3 contracts

Samples: Note Purchase Agreement (Youbet Com Inc), Youbet Com Inc, Youbet Com Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law, including where no maximum rate is prescribed. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such lawapplicable law including all valid applicable exceptions, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 2 contracts

Samples: Loan Agreement and Secured Promissory Note (Cellteck Inc.), Loan Agreement and Secured Promissory Note (Cellteck Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by Secure, the Borrower Target or the Insiders to the Holder Seller and thus refunded to Secure, the BorrowerTarget or the Insiders, as applicable.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Victory Park Capital Advisors, LLC), Stock Purchase Agreement (Secure America Acquisition CORP)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder Lender and thus refunded to the Borrower.. ​ ​

Appears in 2 contracts

Samples: Monterey Capital Acquisition Corp, Monterey Capital Acquisition Corp

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Company to the Holder and thus and, if there shall remain any excess after such application, such excess shall be refunded to the BorrowerCompany.

Appears in 2 contracts

Samples: Credit Agreement (dELiAs, Inc.), Security Agreement (22nd Century Group, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 2 contracts

Samples: On the Go Healthcare Inc, On the Go Healthcare Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder pursuant to this Note and thus refunded to the Borrower.

Appears in 2 contracts

Samples: Advance Nanotech, Inc., Advance Nanotech, Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus Principal Amount or shall be refunded to the Borrower.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Image Entertainment Inc), Preferred Stock Purchase Agreement (RLJ Acquisition, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to ----------------- establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.

Appears in 2 contracts

Samples: Secured Term (Trinity Learning Corp), Secured Revolving Note (Trinity Learning Corp)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges (whether an advancement under the Note, acceleration of the maturity of the unpaid balance, or otherwise) in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 2 contracts

Samples: And Security Agreement (Valcom Inc /Ca/), And Security Agreement (Valcom Inc /Ca/)

Maximum Payments. Nothing contained herein in this Note shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 2 contracts

Samples: Sentinel Emergency Response Technology, Inc., Sentinel Emergency Response Technology, Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by Buyer or the Borrower Insider to the Holder Seller and thus refunded to Buyer or the BorrowerInsider, as applicable.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Victory Park Capital Advisors, LLC), Stock Purchase Agreement (Victory Park Capital Advisors, LLC)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Attitude Drinks Inc.), Asset Purchase Agreement (Attitude Drinks Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or ---------------- require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 2 contracts

Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event even that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 2 contracts

Samples: EMTA Holdings, Inc., EMTA Holdings, Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Borrowers to the Holder and thus refunded to the BorrowerBorrowers.

Appears in 2 contracts

Samples: Earthfirst Technologies Inc, Earthfirst Technologies Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Company to the Holder and thus and, if there shall remain any excess after such application, such excess shall be refunded to the Borrower.Company

Appears in 2 contracts

Samples: Credit Agreement (dELiAs, Inc.), Securities Purchase Agreement (dELiAs, Inc.)

Maximum Payments. Nothing contained herein shall be deemed xx xxxmed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 2 contracts

Samples: DSL Net Inc, DSL Net Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum Secured Convertible Term Note 8 permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.

Appears in 1 contract

Samples: Jagged Peak, Inc.

Maximum Payments. Nothing contained herein shall xxxxx be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus the remainder, if any, refunded to the Borrower.

Appears in 1 contract

Samples: Tidel Technologies Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Parent to the Holder and thus refunded to the BorrowerParent.

Appears in 1 contract

Samples: Chad Therapeutics Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder Holders and thus refunded to the BorrowerCompanies.

Appears in 1 contract

Samples: Rapid Link Inc

Maximum Payments. Nothing contained herein shall herexx xxall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Ep Medsystems Inc

Maximum Payments. Nothing contained herein shall xxxxx be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Gvi Security Solutions Inc

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Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Maker to the Holder and thus refunded to the BorrowerMaker.

Appears in 1 contract

Samples: Sti Group Inc

Maximum Payments. Nothing contained herein shall may be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall will be credited against amounts owed by the Borrower to the Holder and thus refunded to the BorrowerWriter.

Appears in 1 contract

Samples: Security Agreement (Cord Blood America, Inc.)

Maximum Payments. Nothing contained herein shall be ----------------- deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the BorrowerCompany.

Appears in 1 contract

Samples: Secured Term (Elec Communications Corp)

Maximum Payments. Nothing contained herein shall be deemed to deexxx xx establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Digital Lifestyles Group Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable lawApplicable Law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Agreement (Gold Fields LTD)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder Lender and thus refunded to the Borrower.. ​

Appears in 1 contract

Samples: Monterey Capital Acquisition Corp

Maximum Payments. Nothing contained herein shall may be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall will be credited against amounts owed by the Borrower Wrtier to the Holder and thus refunded to the BorrowerWriter.

Appears in 1 contract

Samples: Subscription Agreement (Network 1 Financial Group, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Company to the Holder and thus refunded to the Borrower.Company. SECURED REVOLVING NOTE

Appears in 1 contract

Samples: Essential Innovations Technology Corp

Maximum Payments. Nothing contained herein shall be deemed to ---------------- establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Garwood to the Holder and thus refunded to the BorrowerHolder.

Appears in 1 contract

Samples: Secured Term Note (Petrosearch Energy Corp)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment ayment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Alterrus Systems Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate mte of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Desert Hawk Gold Corp.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other Secured Revolving Note 4 charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.

Appears in 1 contract

Samples: Jagged Peak, Inc.

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the Borrower.Companies. . 06/27/2005 8

Appears in 1 contract

Samples: 360 Global Wine Co

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.

Appears in 1 contract

Samples: Conversion Services International Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Parent to the Holder and thus refunded to the Borrower.Companies. Secured Revolving Note

Appears in 1 contract

Samples: Chad Therapeutics Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that If the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Smartserv Online Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against deducted from the amounts owed by the Borrower to the Holder and thus or refunded to the Borrower.

Appears in 1 contract

Samples: Subscription Agreement (Trig Acquisition 1, Inc)

Maximum Payments. Nothing contained herein shall be deemed bx xxxxed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Digital Lifestyles Group Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Maker to the Holder and thus refunded to the BorrowerMaker.

Appears in 1 contract

Samples: CorMedix Inc.

Maximum Payments. Nothing contained continued herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder herewith exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Corporation to the Holder and thus refunded to the BorrowerCorporation.

Appears in 1 contract

Samples: Amending Agreement (Wex Pharmaceuticals Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.applicable

Appears in 1 contract

Samples: NCT Group Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower Buyer to the Holder Seller and thus refunded to the BorrowerBuyer, as applicable.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hicks Acquisition CO I Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Rnethealth Com Inc

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such law, any payments in excess of . 07/07/2005 9 such maximum rate shall be credited against amounts owed by the Borrower Companies to the Holder and thus refunded to the BorrowerCompanies.

Appears in 1 contract

Samples: 360 Global Wine Co

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder Lender and thus refunded to the Borrower.Borrower/4 ​ ​

Appears in 1 contract

Samples: Operating Agreement (Monterey Capital Acquisition Corp)

Maximum Payments. Nothing contained herein shall be deemed to ---------------- establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: BigString CORP

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.exceed

Appears in 1 contract

Samples: Cambio Inc

Maximum Payments. Nothing contained herein shall will be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall will be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Trend Mining Co

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower Partnership to the applicable Series A Preferred Holder and thus refunded to the BorrowerPartnership.

Appears in 1 contract

Samples: Securities Purchase Agreement (Emerge Energy Services LP)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.. 5.9

Appears in 1 contract

Samples: Diamond Entertainment Corp

Maximum Payments. Nothing contained herein containex xxxein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

Appears in 1 contract

Samples: Veridium Corp

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the applicable Holder pursuant to this Note and thus refunded to the Borrower.

Appears in 1 contract

Samples: Senior Secured Note (Advance Nanotech, Inc.)

Maximum Payments. Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum rate permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum rate permitted by such applicable law, any payments in excess of such maximum rate shall be credited against amounts owed by the Borrower to the Holder for Promissory Note B, executed between Borrower and thus refunded to the BorrowerHolder, dated 2014.

Appears in 1 contract

Samples: Stock Purchase Agreement

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