Common use of Usury Limitation Clause in Contracts

Usury Limitation. All agreements between Borrower, the Guarantors and the Banks are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Revolving Credit Loans or any other Indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Banks for the use or the forbearance of such Indebtedness evidenced hereby exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then each Loan Document 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 Borrower and the Banks in the execution, delivery and acceptance of this Credit Agreement to contract in strict compliance with the laws of The Commonwealth of Massachusetts 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 at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Banks should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, at the election of the Borrower, either be

Usury Limitation. All agreements between Borrowerthe Loan Parties, the Guarantors and Agent and/or the Banks Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Revolving Credit Loans or any other Indebtedness indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Banks Lenders for the use or the forbearance of such Indebtedness evidenced hereby the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then each Loan Document this provision 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 Borrower the Loan Parties, the Agent, and the Banks Lenders in the execution, delivery and acceptance of this Credit Agreement and the other Lender Agreements to contract in strict compliance with the laws of The Commonwealth of Massachusetts 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 Lender Agreements at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Banks Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, at shall be applied to the election reduction of the Borrowerprincipal balance of the Lender Obligations, either beas determined by the Lenders, and not to the payment of interest. This provision shall control every other provision of all Lender Agreements.

Usury Limitation. All agreements between Borrower, the Guarantors Borrower and the Banks Lender are hereby ---------------- expressly limited so that in no contingency or event whatsoever, whether by reason of: errors of fact or law, prepayment or advancement of the proceeds of the Loan, acceleration of maturity of the Revolving Credit Loans or any other Indebtedness evidenced hereby unpaid balance of the Note, or otherwise, shall the amount paid or agreed to be paid to the Banks Lender for the use use, forbearance or retention of the forbearance of such Indebtedness evidenced hereby money to be advanced hereunder, including any fees or charges collected or made in connection with the Loan that may be treated as interest under applicable law, if any, exceed the maximum permissible legal limit (if any such limit is applicable) under applicable United States federal law or state law (to the extent not preempted by federal law. As used herein, if any), now or hereafter governing the term interest payable in connection with such agreements (the "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then each Loan Document 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 Borrower and the Banks in the execution, delivery and acceptance of this Credit Agreement to contract in strict compliance with the laws of The Commonwealth of Massachusetts from time to time in effectMaximum Amount"). If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the other Loan Documents Documents, at the time of performance of such provision shall be due, shall involve transcending the limit of such validity (if any) prescribed by law that a court of competent jurisdiction may deem applicable lawhereto, then ipso facto, the obligation to be fulfilled shall automatically be reduced to the limits limit of such validity, and if under or from any circumstances whatsoever the Banks should Lender shall ever receive as interest an amount which that would exceed the highest lawful ratemaximum legal limit (if any such limit is applicable), such amount which that would be excessive interest shall, at shall be applied to the election reduction of the unpaid principal balance due under the Note and not to the payment of interest or, if necessary, rebated to Borrower, either be. This provision shall control every other provision of all agreements between Borrower and Lender.

Usury Limitation. All agreements between Borrower, the Guarantors Borrowers and the Banks other Loan Parties and the Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Revolving Credit Loans or any other Indebtedness indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Banks Lenders for the use or the forbearance of such Indebtedness evidenced hereby the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; providedPROVIDED, howeverHOWEVER, that in the event there is a change in the law which results in a higher permissible rate of interest, then each Loan Document this provision 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 Borrower the Borrowers, the other Loan Parties and the Banks Lenders in the execution, delivery and acceptance of this Credit Agreement and the other Lender Agreements to contract in strict compliance with the laws of The the Commonwealth of Massachusetts 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 Lender Agreements at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Banks Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, at shall be applied to the election reduction of the Borrowerprincipal balance of the Lender Obligations, either beas determined by the Lenders, and not to the payment of interest. This provision shall control every other provision of all Lender Agreements.

Usury Limitation. All agreements between Borrower, the Guarantors Loan Parties and the Banks Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Revolving Credit Loans or any other Indebtedness indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Banks Lenders for the use or the forbearance of such Indebtedness evidenced hereby the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then each Loan Document this provision 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 Borrower the Loan Parties and the Banks Lenders in the execution, delivery and acceptance of this Credit Agreement and the other Lender Agreements to contract in strict compliance with the laws of The the Commonwealth of Massachusetts 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 Lender Agreements at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Banks Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, at shall be applied to the election reduction of the Borrower, either beprincipal balance of the Lender Obligations and not to the payment of interest. This provision shall control every other provision of all Lender Agreements.

Usury Limitation. All agreements between Borrowerthe Borrowers and any Guarantor, the Guarantors and Agent and/or the Banks Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Revolving Credit Loans or any other Indebtedness indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Banks Lenders for the use or the forbearance of such Indebtedness evidenced hereby the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then each Loan Document this provision 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 Borrower the Borrowers, the Agent, and the Banks Lenders in the execution, delivery and acceptance of this Credit Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth of Massachusetts 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 at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Banks Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, at shall be applied to the election reduction of the Borrower, either beprincipal balance of the Lender Obligations and not to the payment of interest. This provision shall control every other provision of all Loan Documents.

Usury Limitation. All agreements between Borrower, the Guarantors Borrower and the Banks Lender are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Revolving Credit Loans or any other Indebtedness indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Banks Lender for the use or the forbearance of such Indebtedness evidenced hereby the Obligations exceed the maximum permissible under applicable lawLaw. As used herein, the term "“applicable law" Law” shall mean the law Law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then each Loan Document this provision 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 the Borrower and the Banks Lender in the execution, delivery and acceptance of this Credit Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth the State of Massachusetts Connecticut 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 at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable lawLaw, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Banks Lender should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, at shall be applied to the election reduction of the Borrowerprincipal balance of the Obligations, either beas determined by the Lender, and not to the payment of interest. This provision shall control every other provision of all Loan Documents.

Usury Limitation. All agreements between Borrower, the Guarantors This Credit Agreement and the Banks other Loan Documents are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Revolving Credit Loans or any other Indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Banks Agent or any Bank for the use or the forbearance of such the Indebtedness evidenced hereby exceed the maximum permissible under applicable law. As used herein, the term "applicable law" shall mean the law in effect as of the date hereof; hereof provided, however, however that in the event there is a change in the law which results in a higher permissible rate of interest, then each the Loan Document Documents shall be governed by such new law as of its effective date. In this regard, it It is expressly agreed that it is the intent of Borrower Borrower, the Agent and the Banks in the execution, delivery and acceptance of this Credit Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth the State of Massachusetts New York from time to time in effect. If, under or from any circumstances whatsoever, fulfillment of any provision hereof or of any of the other Loan Documents at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Banks Agent or any Bank should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, at shall be applied to the election reduction of the Borrower, either beprincipal balance evidenced hereby and not to the payment of interest. This provision shall control every other provision of this Credit Agreement and the other Loan Documents.

Usury Limitation. All agreements between Borrowerthe Borrowers and any Guarantor, the Guarantors and Agent and/or the Banks Lenders are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Revolving Credit Loans or any other Indebtedness indebtedness evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Banks Lenders for the - - use or the forbearance of such Indebtedness evidenced hereby the Lender Obligations exceed the maximum permissible under applicable law. As used herein, the term "“applicable law" ” shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change Change in the law Law which results in a higher permissible rate of interest, then each Loan Document this provision 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 Borrower the Borrowers, the Agent, and the Banks Lenders in the execution, delivery and acceptance of this Credit Agreement and the other Loan Documents to contract in strict compliance with the laws of The Commonwealth of Massachusetts 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 at the time of performance of such provision shall be due, shall involve transcending the limit of such validity prescribed by applicable law, then the obligation to be fulfilled shall automatically be reduced to the limits of such validity, and if under or from any circumstances whatsoever the Banks Lenders should ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall, at shall be applied to the election reduction of the Borrower, either beprincipal balance of the Lender Obligations and not to the payment of interest. This provision shall control every other provision of all Loan Documents.