Common use of Usury Laws Clause in Contracts

Usury Laws. It is the intention of the Borrowers and the holder(s) of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Companies and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall will be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Holder resulting from an Event of Default, voluntary prepayment by the Borrowers Companies or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall will be canceled automatically and, if theretofore paid, shall will at the option of the holders hereof Holder either be rebated to the Borrowers Companies or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall will be rebated to the BorrowersCompanies. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, chargeable or receivable under this Note shall will under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall will be deemed a mistake and such excess shall will be canceled automatically and, if theretofore paid, rebated to the Borrowers or Companies credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall will be rebated to the BorrowersCompanies.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest of the Accretion Portion payable under this Convertible Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Convertible Note is accelerated by reason of an election by the holder hereof Holder resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest the Accretion Portion may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest Accretion Portion in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Holder either be rebated to the Borrowers Company or credited on the principal amount Principal Amount of this Convertible Note, or if this Convertible Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest the Accretion Portion (whether designated as interestAccretion Portion, service charges, points or otherwise) contracted for, chargeable, or receivable under this Convertible Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Convertible Note remaining unpaid from time to time. If such interest the Accretion Portion does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Convertible Note, or if this Convertible Note has been repaid, then such excess shall be rebated to the BorrowersCompany.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note Debenture to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note Debenture shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note Debenture is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this NoteDebenture, or if this Note Debenture has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note Debenture shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note Debenture remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this NoteDebenture, or if this Note Debenture has been repaid, then such excess shall be rebated to the BorrowersCompany.

Usury Laws. It is the intention of the Borrowers Maker and the holder(s) of this Note each Payee to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Payee resulting from an Event of Default, voluntary prepayment by the Borrowers Maker or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Payee either be rebated to the Borrowers Maker or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersMaker. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Maker or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Maker. * * * * *

Usury Laws. It is the intention of the Borrowers Operating Partnership and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Operating Partnership or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Operating Partnership or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersOperating Partnership. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Operating Partnership or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersOperating Partnership.

Usury Laws. It is the intention of the Borrowers Issuer and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, a voluntary prepayment by the Borrowers Issuer or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Holder either be rebated to the Borrowers Issuer or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersIssuer. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Issuer or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Issuer. * * *

Usury Laws. It is the intention of the Borrowers Issuer and the holder(s) Holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated automatically or by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Issuer or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Issuer or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersIssuer. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Issuer or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersIssuer.

Usury Laws. It is expressly stipulated and agreed to be the intention intent of Borrower and Lender at all times to comply with the applicable Texas law governing the maximum rate or amount of interest payable on the Note or the Debt evidenced by the Note and by the other Loan Documents (or, to the extent it would permit a greater rate or amount of interest on the Note or the Debt evidenced by the Note and by the other Loan Documents, applicable United States federal law) to the end that neither Borrower nor Lender shall have contracted for, and Lender shall not charge, take, reserve or receive, and Borrower shall not pay, a greater amount of interest than under Texas law or applicable United State federal law. If (i) the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note or under any of the Borrowers and other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the holder(sDebt, or (ii) Lender’s exercise of this Note any remedy hereunder or under the other Loan Documents, including the option herein contained to conform strictly to all applicable usury laws now accelerate the maturity of the Note, or hereafter any prepayment by Borrower, results in forceLender having charged, taken, reserved or received, and Borrower having paid, any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the that permitted by applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwiselaw, then earned interest may never include more than the maximum amount permitted it is Borrower’s and Lender’s express intent that (A) all amounts theretofore collected by law, computed from the date hereof until payment, and any interest Lender in excess of the maximum amount permitted of interest allowed by applicable law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount balance of this Notethe Note (or, or if this the Note has been paidor would thereby be paid in full, then refunded to Borrower), and (B) the excess shall provisions of the Note and the other Loan Documents immediately be rebated deemed reformed and the amounts thereafter payable, chargeable or collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the Borrowers. The aggregate applicable law, but so as to permit the recovery of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances the fullest amount otherwise called for hereunder and thereunder which does not exceed the maximum legal amount of interest allowed by applicable law. All sums paid or agreed to be paid to Lender for the use, forbearance and detention of the Debt evidenced by the Note and by the other Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such Debt until payment in full so that the rate upon or amount of interest on account of such Debt does not exceed the unpaid principal balance usury ceiling from time to time in effect and applicable to such Debt for so long as debt is outstanding. To the extent that Lender is relying on Chapter 303, as amended, of this Note remaining unpaid the Texas Finance Code to determine the Maximum Lawful Rate (hereafter defined) payable on such Debt, Lender will utilize the weekly rate ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge or receive a greater amount of interest than Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the Maximum Lawful Rate and the maximum amount permitted by applicable Law. Additionally, to the extent permitted by applicable law now or hereafter in effect and the Loan Documents, Lender may, at its option and from time to time, implement any other method of computing the Maximum Lawful Rate under such Chapter 303, as amended, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. If In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Debt evidenced by the Note. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest does exceed at the time of such acceleration. “Maximum Lawful Rate” shall mean the maximum legal ratelawful rate of interest which may be contracted for, charged, taken, received or reserved by Lender in accordance with the applicable laws of the State of Texas (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law), taking into account all Charges (hereafter defined) made in connection with the loan evidenced by the Note and the Loan Documents. “Charges” shall be deemed a mistake mean all fees and such excess shall be canceled automatically andcharges, if theretofore paidany, rebated contracted for, charged, received, taken or reserved by Lender in connection with the transactions relating to the Borrowers Note and the Debt evidenced by the Note or credited on by the principal Loan Documents which are treated as interest under applicable law. The term “applicable law” as used in this Section 12.20 shall mean the laws of the State of Texas or the laws of the United States, whichever allows the greater rate or amount of this Notenon-usurious interest to be contracted for, charged, taken, reserved or if this Note has been repaid, then such excess shall be rebated received with respect to the BorrowersDebt evidenced by the Note and the other Loan Documents, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. It is expressly stipulated and agreed to be the intention intent of Borrower and Lender at all times to comply with the applicable Texas law governing the maximum rate or amount of interest payable on the Note or the Debt evidenced by the Note and by the other Loan Documents (or, to the extent it would permit a greater rate or amount of interest on the Note or the Debt evidenced by the Note and by the other Loan Documents, applicable United States federal law) to the end that neither Borrower nor Lender shall have contracted for, and Lender shall not charge, take, reserve or receive, and Borrower shall not pay, a greater amount of interest than under Texas law or applicable United State federal law. If (i) the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note or under any of the Borrowers and other Loan Documents, or contracted for, charged, taken, reserved or received with respect to the holder(sDebt, or (ii) Lender's exercise of this Note any remedy hereunder or under the other Loan Documents, including the option herein contained to conform strictly to all applicable usury laws now accelerate the maturity of the Note, or hereafter any prepayment by Borrower, results in forceLender having charged, taken, reserved or received, and Borrower having paid, any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the that permitted by applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwiselaw, then earned interest may never include more than the maximum amount permitted it is Borrower's and Lender's express intent that (A) all amounts theretofore collected by law, computed from the date hereof until payment, and any interest Lender in excess of the maximum amount permitted of interest allowed by applicable law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount balance of this Notethe Note (or, or if this the Note has been paidor would thereby be paid in full, then refunded to Borrower), and (B) the excess shall provisions of the Note and the other Loan Documents immediately be rebated deemed reformed and the amounts thereafter payable, chargeable or collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the Borrowers. The aggregate applicable law, but so as to permit the recovery of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances the fullest amount otherwise called for hereunder and thereunder which does not exceed the maximum legal amount of interest allowed by applicable law. All sums paid or agreed to be paid to Lender for the use, forbearance and detention of the Debt evidenced by the Note and by the other Loan Documents shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such Debt until payment in full so that the rate upon or amount of interest on account of such Debt does not exceed the unpaid principal balance usury ceiling from time to time in effect and applicable to such Debt for so long as debt is outstanding. To the extent that Lender is relying on Chapter 303, as amended, of this Note remaining unpaid the Texas Finance Code to determine the Maximum Lawful Rate (hereafter defined) payable on such Debt, Lender will utilize the weekly rate ceiling from time to time in effect as provided in such Chapter 303, as amended. To the extent United States federal law permits Lender to contract for, charge or receive a greater amount of interest than Texas law, Lender will rely on United States federal law instead of such Chapter 303, as amended, for the purpose of determining the Maximum Lawful Rate and the maximum amount permitted by applicable Law. Additionally, to the extent permitted by applicable law now or hereafter in effect and the Loan Documents, Lender may, at its option and from time to time, implement any other method of computing the Maximum Lawful Rate under such Chapter 303, as amended, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. If In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the Debt evidenced by the Note. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest does exceed at the time of such acceleration. "MAXIMUM LAWFUL RATE" shall mean the maximum legal ratelawful rate of interest which may be contracted for, charged, taken, received or reserved by Lender in accordance with the applicable laws of the State of Texas (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, receive or reserve a greater amount of interest than under Texas law), taking into account all Charges (hereafter defined) made in connection with the loan evidenced by the Note and the Loan Documents. "CHARGES" shall be deemed a mistake mean all fees and such excess shall be canceled automatically andcharges, if theretofore paidany, rebated contracted for, charged, received, taken or reserved by Lender in connection with the transactions relating to the Borrowers Note and the Debt evidenced by the Note or credited on by the principal Loan Documents which are treated as interest under applicable law. The term "APPLICABLE LAW" as used in this Section 12.20 shall mean the laws of the State of Texas or the laws of the United States, whichever allows the greater rate or amount of this Notenon-usurious interest to be contracted for, charged, taken, reserved or if this Note has been repaid, then such excess shall be rebated received with respect to the BorrowersDebt evidenced by the Note and the other Loan Documents, as such laws now exist or may be changed or amended or come into effect in the future.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) Holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the an amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Payors and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Payors or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Payors or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersPayors. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Payors or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersPayors.

Usury Laws. It is the intention of the Borrowers and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) Holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the an amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the Holder hereof either be rebated to the Borrowers or credited on the principal amount Principal Balance of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) Holder of this Note A to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note A shall be subject to reduction to the an amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note A is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this NoteNote A, or if this Note A has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note A shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Balance of this Note A remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this NoteNote A, or if this Note A has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) of this Note Purchaser to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note Agreement shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note the Notes is accelerated by reason of an election by the holder hereof Purchaser resulting from an Event of Default, voluntary prepayment by Default (as defined in the Borrowers Notes) or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Purchaser either be rebated to the Borrowers Borrower or credited on the principal amount of under this NoteAgreement, or if this Note Agreement has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points points, or otherwise) contracted for, chargeable, or receivable under this Note Agreement shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note Agreement remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Borrower or credited on the principal amount of this NoteAgreement, or if this Note Agreement has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) of this Note Chemdex to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Chemdex resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, otherwise then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Chemdex either be rebated refunded to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated refunded to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service chargesfees, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated refunded to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated refunded to the BorrowersCompany.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Convertible Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Convertible Note shall will be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Convertible Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall will be canceled automatically and, if theretofore paid, shall will at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Convertible Note, or if this Convertible Note has been paid, then the excess shall will be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Convertible Note shall will under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Convertible Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall will be deemed a mistake and such excess shall will be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Convertible Note, or if this Convertible Note has been repaid, then such excess shall will be rebated to the BorrowersCompany.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) of this Note Lender to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by for any reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersCompany. Reference is made to Section 25118 of the California Corporations Code, which creates an exemption from California's usury laws. It is the intention of the Company and of the holder of this Note that this Note be exempt from California's usury laws by virtue of such Section 25118, and the Company hereby represents and warrants to the holder of this Note that the criteria set forth in such Section 25118 for the exemption contained therein to be applicable are met with respect to the transaction evidenced by this Note.

Usury Laws. It is the intention of the Borrowers and the holder(s) of parties to this Note to conform strictly to comply with all applicable laws, including, without limitation, usury laws now or hereafter laws. In furtherance thereof, Xxxxxxxx and the General Partner and Xxxxxx stipulate and agree that none of the terms and provisions contained in force, and any interest payable under this Note or the other Loan Documents shall ever be subject construed to reduction create a contract to pay for the amount not use, forbearance, or detention of money, or interest, in excess of the maximum legal amount allowed of interest permitted to be charged by applicable law in effect from time to time. Neither Borrower nor any present or future guarantors, endorsers, or other persons or entities hereafter becoming liable for payment of Borrower’s obligations hereunder and under the other Loan Documents shall ever be liable for unearned interest thereon or shall ever be required to pay interest thereon in excess of the maximum amount that may be lawfully charged under applicable usury laws as now law from time to time in effect, and the provisions of this Section 11 shall control over all other provisions of the Loan Documents that may be in conflict or hereafter construed by apparent conflict herewith. Lender expressly disavows any intention to charge or collect excessive unearned interest or finance charges in the courts having jurisdiction over such mattersevent the maturity of this Note is accelerated. If (a) the maturity of this Note is accelerated for any reason, (b) this Note is prepaid and as a result any amounts held to constitute interest are determined to be in excess of the legal maximum, or (c) Lender or any other holder of the Note shall otherwise collect moneys which are determined to constitute interest which would otherwise increase the interest hereon to an amount in excess of that permitted to be charged by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwiseapplicable law, then earned all sums determined to constitute interest may never include more than in excess of such legal limit shall, without penalty, be promptly applied to reduce the then outstanding principal of this Note or, at Lender's or such holder's option, promptly returned to Borrower or the other payor thereof upon such determination. In determining whether or not the interest paid or payable, under any specific circumstance, exceeds the maximum amount permitted by under applicable law, computed from the date hereof until payment, Lender and Borrower (and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount other payors of this Note, or if this Note has been paid, then the excess ) shall be rebated to the Borrowers. The aggregate of all interest greatest extent permitted under applicable law, (whether designated a) characterize any non-principal payment as an expense, fee or premium rather than as interest, service charges(b) exclude voluntary prepayments and the effects thereof, points or otherwiseand (c) contracted foramortize, chargeableprorate, or receivable under allocate, and spread the total amount of interest throughout the entire contemplated term of this Note shall under no circumstances exceed in accordance with the amounts outstanding from time to time hereunder and the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid interest from time to time. If such interest does exceed time in effect under applicable law in order to lawfully charge the maximum legal rateamount of interest permitted under applicable law. In the event applicable law provides for an interest ceiling under Chapter 303 of the Texas Finance Code (the “Texas Finance Code”) as amended, it for that day, the ceiling shall be deemed a mistake and the “weekly ceiling” as defined in the Texas Finance Code. As used in this section the term “applicable law” means the laws of the State of Texas or the laws of the United States of America, whichever laws allow the greater interest, as such excess shall laws now exist or may be canceled automatically and, if theretofore paid, rebated to changed or amended or come into effect in the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowersfuture.

Usury Laws. It is the intention of the Borrowers and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Holder resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate amount of all interest (whether designated as interestIn-Kind Interest, Paid Interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Amount of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers and the holder(s) of this Note Holder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Holder resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, statute, rule or regulation, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law law, statute, rule or regulation shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate amount of all interest (whether designated as interestIn-Kind Interest, Paid Interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Amount of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of ---------- this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersCompany.

Usury Laws. It is the intention of the Borrowers All agreements between Mortgagor and the holder(s) of this Note to conform strictly to all applicable usury laws now Mortgagee are hereby expressly limited so that in no contingency or hereafter in forceevent whatsoever, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated whether by reason of an election by acceleration of maturity of the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers indebtedness evidenced hereby or otherwise, then earned interest may never include more than shall the amount paid or agreed to be paid to Mortgagee for the use or the forbearance of the indebtedness evidenced hereby exceed the maximum amount permitted by permissible under applicable law. As used herein, computed from the term “applicable law” shall mean the law in effect as of the date hereof until paymenthereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Modification Agreement shall be governed by such new law as of its effective date. In this regard, it is expressly agreed that it is the intent of Mortgagor and any interest Mortgagee in excess the execution, delivery and acceptance of this Modification Agreement to contract in strict compliance with the laws of the maximum amount permitted by law State of New Jersey from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the Loan Documents or the security documents at the time of performance of such provision shall be canceled automatically and, if theretofore paiddue, shall at involve transcending the option limit of the holders hereof either be rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been paidsuch validity prescribed by applicable law, then the excess obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from circumstances whatsoever Mortgagee should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be rebated applied to the Borrowersreduction of the principal balance evidenced hereby and not to the payment of interest. The aggregate This provision shall control every other provision of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake agreements between Mortgagor and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersMortgagee.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) of this Note Lender to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, a voluntary prepayment by the Borrowers Borrower or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Lender either be rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers each Borrower and the holder(s) of this Note Lender to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note Agreement shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note Agreement is accelerated by reason of an election by the holder hereof Lender resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Lender either be rebated to the Borrowers or credited on the principal amount of this Notethe Loans, or if this Note has the Loans have been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note Agreement shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note the Loans remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Notethe Loans, or if this Note has the Loans have been repaid, then such excess shall be rebated to the Borrowers.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) Holder of this Warrant Conversion Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Warrant Conversion Note shall be subject to reduction to the an amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Warrant Conversion Note is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then the earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Borrower or credited on the principal amount Principal Balance of this Warrant Conversion Note, or if this Warrant Conversion Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Warrant Conversion Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance Principal Balance of this Warrant Conversion Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, at the option of the Holder hereof either be rebated to the Borrowers or credited on the principal amount Principal Balance of this Warrant Conversion Note, or if this Warrant Conversion Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Maker and the holder(s) of this Note Holder to conform strictly to all applicable the usury laws now or hereafter in forceforce in the State of Georgia, and any interest payable under this Note Note, the Mortgage, or any Related Agreement shall be subject to reduction to the amount not in excess of the maximum legal non-usurious amount allowed under the applicable usury laws of the State of Georgia as now or hereafter construed by the courts having jurisdiction over such matters. If In the event the maturity of this Note is accelerated under the terms of this Note, the Mortgage or any Related Agreement, or by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Maker, or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof dates of each advance of loan proceeds hereunder until payment, and any interest in excess of the maximum amount permitted by law shall be canceled cancelled automatically and, if theretofore paid, shall at the option of the holders hereof Holder either be rebated to the Borrowers Maker or credited on the principal amount of this Note, Note or if this Note all principal has been paidprepaid, then the excess shall be rebated to the BorrowersMaker. The aggregate of all interest (whether designated as interest, service charges, points points, or otherwise) contracted for, chargeable, or receivable under this Note Note, the Mortgage, or any Related Agreement shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If In the event such interest does exceed the maximum legal rate, it shall be deemed a mistake cancelled automatically to the extent that such interest exceeds the maximum legal rate and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this NoteNote or, or if this the Note has been repaidprepaid, then such excess shall be rebated to the BorrowersMaker.

Usury Laws. It is the intention of the Borrowers Employee and the holder(s) of this Note Company to ---------- conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall will be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Employee or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall will be canceled automatically and, if theretofore paid, shall will at the option of the holders hereof Company either be rebated to the Borrowers Employee or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall will be rebated to the BorrowersEmployee. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall will under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall will be deemed a mistake and such excess shall will be canceled automatically and, if theretofore paid, rebated to the Borrowers Employee or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall will be rebated to the BorrowersEmployee.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Required Holders resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Company. * * *

Usury Laws. It is the intention of the Borrowers and the holder(s) of this Note parties hereto to conform strictly to comply with all applicable usury laws now or hereafter in forcelaws; accordingly, and it is agreed that notwithstanding any interest payable under this Note shall be subject to reduction provisions to the contrary in this Agreement or any other Loan Documents, in no event shall such Loan Documents require the payment or permit the collection of interest (which term, for purposes hereof, shall include any amount which, under applicable law, is deemed to be interest, whether or not such amount is characterized by the parties as interest) in excess of the maximum legal amount permitted by such laws. If any excess of interest is unintentionally contracted for, charged or received under this Agreement or under the terms of any other Loan Documents, or in the event the maturity of the indebtedness evidenced by the Notes is accelerated in whole or in part, or in the event that all or part of the principal or interest of the Notes shall be prepaid, so that the amount of interest contracted for, charged or received under this Agreement or under any of the other Loan Documents, on the amount of principal actually outstanding from time to time under this Agreement shall exceed the maximum amount of interest permitted by the applicable usury laws, then in any such event (i) the provisions of this paragraph shall govern and control, (ii) neither Borrowers nor any other person or entity now or hereafter liable for the payment thereof, shall be obligated to pay the amount of such interest to the extent that it is in excess of the maximum amount of interest permitted by such applicable usury laws, (iii) any such excess which may have been collected shall be either applied as a credit against the then unpaid principal amount thereof or refunded to Borrowers at Lender's option, and (iv) the effective rate of interest shall be automatically reduced to the maximum lawful rate of interest allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such mattersthereof. If the maturity of this Note It is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess further agreed that without limitation of the maximum amount permitted by law shall be canceled automatically andforegoing, if theretofore paid, shall at the option all calculations of the holders hereof either be rebated to the Borrowers or credited on the principal amount rate of this Note, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, charged or receivable received under this Note shall the Notes or under no circumstances exceed such other Loan Documents which are made for the purpose of determining whether such rate exceeds the maximum legal lawful rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rateinterest, it shall be deemed a mistake and such excess shall be canceled automatically andmade, if theretofore paid, rebated to the extent permitted by applicable laws, by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of the Loans evidenced thereby, all interest at any time contracted for, charged or received from Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then otherwise by Lenders in connection with such excess shall be rebated to the BorrowersLoans.

Usury Laws. It is the intention of the Borrowers Debtor/Payor and the holder(s) Holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder Holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers Debtor/Payor or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders Holder hereof either be rebated to the Borrowers Debtor/Payor or credited on the principal amount Principal Amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersDebtor/Payor. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Debtor/Payor or credited on the principal amount Principal Amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersDebtor/Payor.

Usury Laws. It is the intention of the Borrowers and the holder(s) of this Note parties hereto to conform strictly to all comply with applicable usury laws now or hereafter in forcelaws; accordingly, and it is agreed that notwithstanding any interest payable under this Note shall be subject to reduction provisions to the amount not contrary in excess this Restated Credit Agreement or in any of the maximum legal amount allowed documents evidencing or securing payment hereof or otherwise relating hereto, in no event shall this Restated Credit Agreement or such instruments or documents require or permit the payment, charging, taking, reserving or receiving of any sums constituting interest, as defined under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Defaultlaws, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically andsuch laws. If any such excess of interest is contracted for, if theretofore paid, shall at charged, taken, reserved or received under this Restated Credit Agreement or under the option terms of any of the holders documents evidencing or securing payment hereof either be rebated or otherwise relating hereto, or in any communication by Bank or any other person to Borrower or any other party liable for the Borrowers or credited on payment of the principal amount of this Noteindebtedness evidenced hereby, or if this Note has been paidthe maturity of the indebtedness is accelerated in whole or in part, then or in the excess event that all or part of the principal or interest shall be rebated to prepaid, so that under any of such circumstances or under any other circumstances whatsoever, the Borrowers. The aggregate amount of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeablepaid, charged, taken, reserved or receivable received under this Note Restated Credit Agreement or under any of the documents securing payment hereof or otherwise relating hereto, on the amount of principal actually outstanding from time to time shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance amount of interest permitted by applicable usury laws, then in any such event (a)_the provisions of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rateSection shall govern and control, it shall be deemed a mistake and (b)_any such excess shall be canceled automatically andto the extent of such excess, if theretofore and shall not be collected or collectible, (c)_any such excess which is or has been received shall be credited against the then unpaid principal balance hereof or refunded to Borrower, at the Bank's option, and (d)_the effective rate of interest shall be automatically reduced to the maximum lawful rate allowed under applicable laws as construed by courts having jurisdiction thereof. It is further agreed that, without limitation of the foregoing, all calculations of the rate of interest contracted for, paid, rebated charged, taken, reserved or received under this Restated Credit Agreement or under such other documents or instruments that are made for the purpose of determining whether such rate exceeds the maximum lawful rate of interest, shall be made, to the Borrowers extent permitted by applicable usury laws, by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of the indebtedness, all interest at any time contracted for, paid, charged, taken, reserved or credited on received from the principal amount Borrower or otherwise by the holder or holders hereof. The terms of this NoteSection shall be deemed to be incorporated in every loan document, security instrument, debt instrument and communication relating to this Restated Credit Agreement and the loan evidenced hereby. The term "applicable usury laws" shall mean such laws of the State of Texas or the laws of the United States, whichever laws allow the higher rate of interest, as such laws now exist; provided, however, that if this Note has been repaidsuch laws shall hereafter allow higher rates of interest, then such excess the applicable usury laws shall be rebated the laws allowing the higher rates, to be effective as of the Borrowerseffective date of such laws.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Required Holders resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled cancelled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Company. * * * * * * [signature page follows]

Usury Laws. It This Note is intended to be performed in accordance with, and only to the intention of the Borrowers and the holder(s) of this Note to conform strictly to extent permitted by, all applicable usury laws. If any provision hereof or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby and shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the Holder hereof to at all times comply with the usury and other applicable laws now or hereafter in force, and any governing the interest payable under on the indebtedness evidenced by this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such mattersNote. If the maturity of applicable law is ever revised, repealed or judicially interpreted so as to render usurious any amount called for under this Note is accelerated Note, or contracted for, charged, taken, reserved or received with respect to the indebtedness evidenced by reason of an election by the holder hereof resulting from an Event of Defaultthis Note, voluntary or if any prepayment by the Borrowers or otherwise, then earned interest may never include more than Company results in the maximum amount permitted by law, computed from the date hereof until payment, and Company having paid any interest in excess of the maximum amount that permitted by law shall be canceled automatically andlaw, if theretofore paid, shall at then it is the option express intent of the holders hereof either Company and the Holder that all excess amounts theretofore collected by the Holder be rebated to the Borrowers or credited on the principal amount balance of this Notethe Note (or, or if this the Note has been paid in full, refunded to the Company), and the provisions of this Note immediately be deemed reformed and the amounts thereafter collectable hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the then applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, then or agreed to be paid, by the excess shall be rebated Company for the use, forbearance, detention, taking, charging, receiving or reserving of the indebtedness of the Company to the Borrowers. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable Holder under this Note shall under no circumstances shall, to the maximum extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid usury ceiling from time to time. If time in effect and applicable to such interest does exceed the maximum legal rate, it shall be deemed a mistake and indebtedness for so long as such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowersindebtedness is outstanding.

Usury Laws. It is the intention of the Borrowers Borrower and the holder(s) of this Note ---------- Noteholder to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Noteholder resulting from an Event of Default, voluntary prepayment by the Borrowers Borrower or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders hereof Noteholder either be rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersBorrower. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Borrower or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the BorrowersBorrower.

Usury Laws. It is the intention of the Borrowers Company and the holder(s) holder of this Note to conform strictly to all applicable usury laws now or hereafter in force, and any interest payable under this Note shall be subject to reduction to the amount not in excess of the maximum legal amount allowed under the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof Required Holders resulting from an Event of Default, voluntary prepayment by the Borrowers Company or otherwise, then earned interest may never include more than the maximum amount permitted by law, computed from the date hereof until payment, and any interest in excess of the maximum amount permitted by law shall be canceled automatically and, if theretofore paid, shall at the option of the holders holder hereof either be rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been paid, then the excess shall be rebated to the BorrowersCompany. The aggregate of all interest (whether designated as interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers Company or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.Company. * * * * * * [signature page follows]

Usury Laws. It is the intention intent of the Borrowers Mortgagor and the holder(s) Mortgagee to comply at all times with applicable usury laws. If at any time such laws would render usurious any amounts called for under the Notes or any of this Note the Security Documents, then it is the Mortgagor's and the Mortgagee's express intention that such excess amount be immediately credited on the principal balance of the Notes (or, if the Notes have been fully paid, refunded by the Mortgagee to conform strictly the Mortgagor and the Mortgagor shall accept such refund), and the provisions hereof and thereof be immediately deemed to all be reformed to comply with the then applicable laws, without the necessity of the execution of any further documents, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. Any such crediting or refund shall not cure or waive any default by the Mortgagor under the Notes or under the Security Documents. If, at any time following any such reduction in the interest rate payable by the Mortgagor, there remains unpaid any principal amounts under the Notes and the maximum interest rate permitted by applicable law is increased or eliminated, then the interest rate payable hereunder shall be readjusted, to the extent permitted by applicable law, so that the total dollar amount of interest payable hereunder shall be equal to the dollar amount of interest which would have been paid by the Mortgagor without giving effect to the applicable usury laws now theretofore in effect. The Mortgagor agrees, however, that in determining whether or hereafter in force, and not any interest payable under this Note shall be subject to reduction to the amount not in excess Notes or any of the maximum legal amount allowed under Security Documents exceeds the applicable usury laws as now or hereafter construed by the courts having jurisdiction over such matters. If the maturity of this Note is accelerated by reason of an election by the holder hereof resulting from an Event of Default, voluntary prepayment by the Borrowers or otherwise, then earned interest may never include more than the maximum amount highest rate permitted by law, computed from any non-principal payment (except payments specifically stated in the date hereof until paymentNotes or in any Security Document to be "interest"), including, without limitation, prepayment fees and any interest in excess of late charges, shall be deemed, to the maximum amount extent permitted by law shall law, to be canceled automatically andan expense, if theretofore paidfee, shall at the option of the holders hereof either be rebated to the Borrowers or credited on the principal amount of this Notepremium, or if this Note has been paid, then the excess shall be rebated to the Borrowers. The aggregate of all interest (whether designated as penalty rather than interest, service charges, points or otherwise) contracted for, chargeable, or receivable under this Note shall under no circumstances exceed the maximum legal rate upon the unpaid principal balance of this Note remaining unpaid from time to time. If such interest does exceed the maximum legal rate, it shall be deemed a mistake and such excess shall be canceled automatically and, if theretofore paid, rebated to the Borrowers or credited on the principal amount of this Note, or if this Note has been repaid, then such excess shall be rebated to the Borrowers.