Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law and the Lenders shall at the Administrative Agent’s option (i) promptly refund to the Borrowers any interest received by the Lenders in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers under applicable law.
Appears in 4 contracts
Sources: Revolving Credit Agreement (Boardwalk Pipeline Partners, LP), Revolving Credit Agreement (Boardwalk Pipeline Partners, LP), Revolving Credit Agreement (Boardwalk Pipeline Partners, LP)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders shall at the Administrative Agent’s option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 3 contracts
Sources: Term Loan Credit Agreement (CVR Energy Inc), Term Loan Credit Agreement (Delek US Holdings, Inc.), Term Loan Credit Agreement (Delek US Holdings, Inc.)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement hereunder charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders shall at the Administrative Agent’s 's option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders in excess of the maximum lawful rate or (ii) shall apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 3 contracts
Sources: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)
Maximum Rate. (i) In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. .
(ii) In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Law and the Lenders Lender shall at the Administrative Agent’s its option (iA) promptly refund to the Borrowers Applicable Borrower any interest received by the Lenders Lender in excess of the maximum lawful rate or (iiB) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers under applicable lawLaw.
Appears in 2 contracts
Sources: Credit Agreement (Twin Disc Inc), Credit Agreement (Twin Disc Inc)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders shall at the Administrative Agent’s option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 2 contracts
Sources: Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders Banks have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law and the Lenders shall Banks shall, at the Administrative AgentBorrower’s option option, (i) promptly refund to the Borrowers Borrower any interest received by the Lenders Banks in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the ObligationsLoans on a pro rata basis. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender Bank receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable law.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder or under this Agreement charged or collected pursuant to any of the terms of this Agreement Notes exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have contracted for, charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders shall at the Administrative Agent’s 's option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders in excess of the maximum lawful rate or (ii) shall apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender charge, receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of the maximum non-usurious rate that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 2 contracts
Sources: Credit Agreement (Rural Metro Corp /De/), Credit Agreement (Rural Metro of Ohio Inc)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement or any Loan Document exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders shall shall, at the Administrative Agent’s option option, (i) promptly refund to the Borrowers any interest received by the Lenders in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers under applicable lawApplicable Law.
Appears in 2 contracts
Sources: Credit and Security Agreement (Interpool Inc), Credit and Security Agreement (Seacastle Inc.)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders Lender shall at the Administrative Agent’s its option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders Lender in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender shall not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 2 contracts
Sources: Credit Agreement (Allegiance Bancshares, Inc.), Credit Agreement (Allegiance Bancshares, Inc.)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders shall at the Administrative Agent’s option (i) promptly refund to the Borrowers any interest received by the Lenders in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers under applicable lawApplicable Law.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Par Pacific Holdings, Inc.), Term Loan Credit Agreement (Par Pacific Holdings, Inc.)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder or under this Agreement the Note charged or collected pursuant to the terms of this Agreement or pursuant to the Note exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have Bank has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders Bank shall at the Administrative Agent’s its option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders Bank in excess of the maximum lawful rate or (ii) shall apply such excess to the principal balance of the ObligationsLoans. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender Bank not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 2 contracts
Sources: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)
Maximum Rate. In no contingency or event whatsoever shall will the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shallwill, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall will automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders shall Lender will at the Administrative Agent’s its option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders Lender in excess of the maximum lawful rate rate, or (ii) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 1 contract
Sources: Credit Agreement (Opentable Inc)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder or under this Agreement the Note charged or collected pursuant to the terms of this Agreement or pursuant to the Note exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders Lender shall at the Administrative Agent’s option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders Lender in excess of the maximum lawful rate or (ii) shall apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers Borrower not pay or nor contract to pay, and that neither the Administrative Agent Lender not receive nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 1 contract
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder or under this Agreement charged or collected pursuant to any of the terms of this Agreement Notes exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have contracted for, charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders shall at the Administrative Agent’s 's option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders in excess of the maximum lawful rate or (ii) shall apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Disbursing Agent nor any Lender charge, receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of the maximum non-usurious rate that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 1 contract
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders Banks have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law and the Lenders shall Banks shall, at the Administrative Agent’s option Borrower's option, (i) promptly refund to the Borrowers Borrower any interest received by the Lenders Banks in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the ObligationsLoans on a pro rata basis. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender Bank receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable law. Fees .
Appears in 1 contract
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable heretohereto (the “Maximum Rate”). In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rateMaximum Rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Maximum Rate and the Lenders Lender shall at the Administrative Agent’s option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders Lender in excess of the maximum lawful rate Maximum Rate or (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers under applicable lawMaximum Rate.
Appears in 1 contract
Maximum Rate. (i) In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. .
(ii) In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Law and the Lenders Lender shall at the Administrative Agent’s its option (iA) promptly refund to the Borrowers Applicable Borrower any interest received by the Lenders Lender in excess of the maximum lawful rate or (iiB) apply such excess to the principal balance of the ObligationsObligations on a prorata basis. It is the intent hereof that the Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers under applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Twin Disc Inc)
Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any applicable law Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by applicable law Applicable Law and the Lenders Lender shall at the Administrative AgentLender’s option (i) promptly refund to the Borrowers Borrower any interest received by the Lenders Lender in excess of the maximum lawful rate or (ii) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrowers Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender shall not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrowers Borrower under applicable lawApplicable Law.
Appears in 1 contract
Sources: Credit Agreement (DCP Midstream, LP)