Common use of Usury Laws Clause in Contracts

Usury Laws. Regardless of any provisions contained in this Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, or apply as interest on the Note, any amount in excess of the Maximum Rate, and, in the event Payee ever receives, collects, or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (a) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.

Appears in 6 contracts

Samples: Services Agreement (Resaca Exploitation, Inc.), Services Agreement (Resaca Exploitation, Inc.), Credit Agreement (Alamosa Holdings Inc)

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Usury Laws. Regardless of any provisions contained in this Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, or apply as interest on the this Note, any amount in excess of the Maximum Rate, and, in the event Payee ever receives, collects, or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (a) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, (b) exclude voluntary prepayments and the effect thereof, and (c) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.

Appears in 4 contracts

Samples: Realbiz Media Group, Inc, Wolfe Creek Mining Inc, Green Envirotech Holdings Corp.

Usury Laws. Regardless of any provisions contained in this Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, collect or apply as interest on the Note, any amount in excess of the Maximum Ratehighest lawful rate, and, in the event Payee ever receives, collects, collects or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (ai) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, (bii) exclude voluntary prepayments and the effect effects thereof, and (ciii) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.

Appears in 2 contracts

Samples: Indenture (Associated Materials Inc), Associated Materials Inc

Usury Laws. Regardless of any provisions contained in this ---------------------- Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, collect or apply as interest on the this Note, any amount in excess of the Maximum Rate, and, in the event Payee ever receives, collects, collects or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rateMaximum Rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (ai) characterize any non-non- principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, ; (bii) exclude voluntary prepayments and the effect thereof, ; and (ciii) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Pratt Hotel Corp /De/), Assignment and Assumption Agreement (HWCC Tunica Inc)

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Usury Laws. Regardless of any provisions contained in this Note, the Payee shall never be deemed to have contracted for or be entitled to receive, collect, collect or apply as interest on the Note, any amount in excess of the Maximum Ratehighest lawful rate, and, in the event Payee ever receives, collects, collects or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of this Note, and, if the principal balance of this Note is paid in full, then any remaining excess shall forthwith be paid to Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Maker and Payee shall, to the maximum extent permitted under applicable law, (ai) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee, or premium, rather than as interest, (bii) exclude voluntary prepayments and the effect thereof, effects thereof and (ciii) spread the total amount of interest throughout the entire contemplated term of this Note so that the interest rate is uniform throughout such term.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Triton Energy Corp), Third Supplemental Indenture (Triton Energy Corp)

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