Common use of Rate of Interest Clause in Contracts

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, of the Texas Revised Civil Statutes apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender 66 71 may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 1.0001 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, 346 of the Texas Revised Civil Statutes Finance Code apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation 66 71 shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 1.0001 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, 346 of the Texas Revised Civil Statutes Finance Code apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, of the Texas Revised Civil Statutes apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It Amounts outstanding under this Note will bear interest at a rate per annum which is the intention of the parties hereto that each Lender shall each conform strictly at all times equal to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: (aA) the aggregate Daily LIBOR Rate plus (B) two hundred fifty (250) basis points (2.50%). Interest hereunder will be calculated based on the actual number of all consideration which constitutes days that principal is outstanding over a year of 360 days. In no event will the rate of interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances hereunder exceed the maximum amount rate allowed by law. If the Bank determines (which determination shall be final and conclusive) that, by reason of circumstances affecting the eurodollar market generally, deposits in dollars (in the applicable amounts) are not being offered to banks in the eurodollar market for the selected term, or adequate means do not exist for ascertaining the Daily LIBOR Rate, then the Bank shall give notice thereof to the Borrower. Thereafter, until the Bank notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the interest rate for all amounts outstanding under this Note shall be equal to the Base Rate (the “Alternate Rate”). In addition, if, after the date of this Note, the Bank shall determine (which determination shall be final and conclusive) that any enactment, promulgation or adoption of or any change in any applicable law, and rule or regulation, or any excess change in the interpretation or administration thereof by a governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the Bank with any guideline, request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for the Bank to make or maintain or fund loans based on the Daily LIBOR Rate, the Bank shall notify the Borrower. Upon receipt of such notice, until the Bank notifies the Borrower that the circumstances giving rise to such determination no longer apply, the interest rate on all amounts outstanding under this Note shall be credited by such Lender on the principal amount of Alternate Rate. For purposes hereof, the sums owed to such Lender (or, if all amounts owing to such Lender following terms shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, of the Texas Revised Civil Statutes apply to this Agreement or the Notes or the transactions contemplated hereby.following meanings:

Rate of Interest. It is The principal balance of this Note shall bear interest at a per annum rate equal to eight percent (8%) commencing on earlier to occur of: (i) the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious First Option Expiration Date (as to any Lender under laws applicable to it, then, defined in that eventcertain Option Purchase Agreement, notwithstanding anything dated as of even date herewith between Lender and Maker (the "Option Purchase Agreement")) and (ii) such date on which Lender has provided written notice to Maker that Lender has irrevocably elected not to exercise the contrary in First Option. Interest charged on this Agreement Note shall be computed on the basis of a three hundred sixty five or three hundred sixty six (365/366) day year for actual days elapsed. If Maker shall default in the Notes to the order payment of such Lender, it is agreed as follows: (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunderprincipal of, or under such Notes interest on, the Loan, whether at stated maturity, by acceleration or otherwise, Maker shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling demand from time to time in effectpay interest, subject to the extent permitted by law, on the defaulted amount of the Loan up to the date of actual payment of such Lender's right subsequently defaulted amount at a per annum rate equal to change such method in accordance with the lesser of twelve percent (12%) and the maximum amount permitted by applicable law. In no eventevent shall the interest rate or rates payable under this Note, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Maker and Lender intend legally to agree upon the rate or rates of interest (and the other amounts paid in connection herewith) and manner of payment stated within this Note; provided, however, shall Article 5069that anything contained herein to the contrary notwithstanding, Chapter 15if said interest rate or rates of interest (or other amounts paid in connection herewith) or the manner of payment exceeds the maximum allowable under applicable law, then, ipso facto as of the Texas Revised Civil Statutes apply date of this Note, the undersigned is and shall be liable only for the payment of such maximum as allowed by law, and payment received from Maker in excess of such legal maximum, whenever received, shall be applied to reduce the principal balance of this Agreement or Note to the Notes or the transactions contemplated herebyextent of such excess.

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by 80 75 applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, of the Texas Revised Civil Statutes apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose 79 75 of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, of the Texas Revised Civil Statutes apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that 60 event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: : (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 1.0001 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, 346 of the Texas Revised Civil Statutes Finance Code apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It is the intention of the parties hereto that ---------------- each Lender Bank Party shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows:contemplated (ai) the aggregate of all consideration which constitutes interest under law applicable to such Lender Bank Party that is contracted for, taken, reserved, charged or received by such Lender hereunderBank Party under any Note, this Agreement or under such Notes any of the other aforesaid Security Documents or otherwise, agreements or otherwise in connection with any Note shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be canceled automatically and if theretofore paid shall be credited by such Lender Bank Party on the principal amount of the sums owed to such Lender Obligations (or, if all amounts owing to such Lender the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by such Lender Bank Party to the applicable BorrowerCompany); or and (bii) in the event that a prepayment the maturity of any Advances owed to Note is accelerated by reason of an election of the holder thereof resulting from any Lender is requiredEvent of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest under law applicable to such Lender Bank Party may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in this Agreement or otherwise shall be cancelled canceled automatically by such Lender Bank Party as 80 76 of the date of such acceleration or prepayment and, if theretofore paid, shall be credited by such Lender Bank Party on the principal amount of such prepayment obligation the Obligations (or, if to the extent that the principal amount of such prepayment obligation the Obligations shall have been or would thereby be paid in full, refunded by such Lender Bank Party to the applicable BorrowerCompany). To All sums paid or agreed to be paid to such Bank Party for the use, forbearance or detention of sums due hereunder shall, to the extent permitted by law applicable to such Bank Party, be amortized, prorated, allocated and spread in equal parts throughout the full term of the Loans evidenced by the Notes until payment in full so that Article 5069-1.04 the rate or amount of interest on account of any Loans hereunder does not exceed the maximum amount allowed by such applicable law. If at any time and from time to time (i) the amount of interest payable to any Bank Party on any date shall be computed at the Maximum Rate applicable to such Bank Party pursuant to this Section 11.12 and (ii) in respect of any subsequent interest computation period the amount of interest otherwise payable to such Bank Party would be less than the amount of interest payable to such Bank Party computed at the Maximum Rate applicable to such Bank Party, then the amount of interest payable to such Bank Party in respect of such subsequent interest computation period shall continue to be computed at the Maximum Rate applicable to such Bank Party until the total amount of interest payable to such Bank Party shall equal the total amount of interest which would have been payable to such Bank Party if the total amount of interest had been computed without giving effect to this Section. Without limiting the intent of the parties expressed under Sections 11.11 and 11.12 hereof, to the extent, if any, that Chapter 303 of the Texas Revised Civil Statutes Finance Code is relevant to any Lender Bank Party for the purpose of determining the maximum amount of interest allowed by applicable lawMaximum Rate, such Lender Bank Party hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) weekly rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, of the Texas Revised Civil Statutes apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: : (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable Borrower); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable Borrower). To the extent that Article 5069-1.04 1.0001 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, 346 of the Texas Revised Civil Statutes Finance Code apply to this Agreement or the Notes or the transactions contemplated hereby.

Rate of Interest. It is the intention of the parties hereto that each Lender Bank Party shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender Bank Party under laws applicable to itit (including the laws of the United States of America and the State of New York or any other jurisdiction whose laws may be mandatorily applicable to such Bank Party notwithstanding the other provisions of this Agreement), then, in that event, notwithstanding anything to the contrary in any Note, this Agreement or in the Notes to the order of such Lenderany other Security Document or agreement entered into in connection with or as security for any Note, it is agreed as follows: : (ai) the aggregate of all consideration which constitutes interest under law applicable to such Lender Bank Party that is contracted for, taken, reserved, charged or received by such Lender hereunderBank Party under any Note, this Agreement or under such Notes any of the other aforesaid Security Documents or otherwise, agreements or otherwise in connection with any Note shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be canceled automatically and if theretofore paid shall be credited by such Lender Bank Party on the principal amount of the sums owed to such Lender Obligations (or, if all amounts owing to such Lender the extent that the principal amount of the Obligations shall have been or would thereby be paid in full, refunded by such Lender Bank Party to the applicable BorrowerCompany); or and (bii) in the event that a prepayment the maturity of any Advances owed to Note is accelerated by reason of an election of the holder thereof resulting from any Lender is requiredEvent of Default under this Agreement or otherwise, or in the event of any required or permitted prepayment, then such consideration that constitutes interest under law applicable to such Lender Bank Party may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for in this Agreement or otherwise shall be cancelled canceled automatically by such Lender Bank Party as 80 76 of the date of such acceleration or prepayment and, if theretofore paid, shall be credited by such Lender Bank Party on the principal amount of such prepayment obligation the Obligations (or, if to the extent that the principal amount of such prepayment obligation the Obligations shall have been or would thereby be paid in full, refunded by such Lender Bank Party to the applicable BorrowerCompany). To All sums paid or agreed to be paid to such Bank Party for the use, forbearance or detention of sums due hereunder shall, to the extent that Article 5069-1.04 permitted by law applicable to such Bank Party, be amortized, prorated, allocated and spread in equal parts throughout the full term of the Texas Revised Civil Statutes is relevant to Loans evidenced by the Notes until payment in full so that the rate or amount of interest on account of any Lender for the purpose of determining Loans hereunder does not exceed the maximum amount of interest allowed by such applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling . If at any time and from time to time in effect, subject (i) the amount of interest payable to any Bank Party on any date shall be computed at the Maximum Rate applicable to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, of the Texas Revised Civil Statutes apply Bank Party pursuant to this Agreement or Section 11.12 and (ii) in respect of any subsequent interest computation period the Notes or amount of interest otherwise payable to such Bank Party would be less than the transactions contemplated herebyamount of interest payable to such Bank Party computed at the Maximum Rate applicable to such Bank Party, then the amount of interest payable to such Bank Party in respect of such subsequent interest computation period shall continue to be computed at the Maximum Rate applicable to such Bank Party until the total amount of interest payable to such Bank Party shall equal the total amount of interest which would have been payable to such Bank Party if the total amount of interest had been computed without giving effect to this Section.

Rate of Interest. It is the intention of the parties hereto that each Lender shall each conform strictly to usury laws applicable to it. Accordingly, if the transactions contemplated hereby would be usurious as to any Lender under laws applicable to it, then, in that event, notwithstanding anything to the contrary in this Agreement or in the Notes to the order of such Lender, it is agreed as follows: (a) the aggregate of all consideration which constitutes interest under law applicable to such Lender that is contracted for, taken, reserved, charged or received by such Lender hereunder, or under such Notes or otherwise, shall under no circumstances exceed the maximum amount allowed by such applicable law, and any excess shall be credited by such Lender on the principal amount of the sums owed to such Lender (or, if all amounts owing to such Lender shall have been paid in full, refunded by such Lender to the applicable BorrowerCompany); or (b) in the event that a prepayment of any Advances owed to any Lender is required, then such consideration that constitutes interest under law applicable to such Lender may never include more than the maximum amount allowed by such applicable law, and excess interest, if any, provided for shall be cancelled canceled automatically by such Lender as 80 76 of the date of such prepayment and, if theretofore paid, shall be credited by such Lender on the principal amount of such prepayment obligation (or, if the principal amount of such prepayment obligation shall have been paid in full, refunded by such Lender to the applicable BorrowerCompany). To the extent that Article 5069-1.04 5069- 1.0001 of the Texas Revised Civil Statutes is relevant to any Lender for the purpose of determining the maximum amount of interest allowed by applicable law, such Lender hereby elects to determine the applicable rate ceiling under such Article by the indicated (weekly) rate ceiling from time to time in effect, subject to such Lender's right subsequently to change such method in accordance with applicable law. In no event, however, shall Article 5069, Chapter 15, 346 of the Texas Revised Civil Statutes Finance Code apply to this Agreement or the Notes or the transactions contemplated hereby.