Common use of Usury Savings Clause in Contracts

Usury Savings. This Agreement and the Notes are subject to the express condition that, at no time shall interest be charged, or Borrower be required or obligated to pay interest, on the outstanding principal balance of the Loan at a rate which could subject Administrative Agent and/or the Lenders to civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the outstanding principal balance of any Note at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default Rate for such Note, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due under such Note. All sums paid or agreed to be paid to Administrative Agent for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate from time to time in effect and applicable to the Loan for as long as the Loan is outstanding.

Appears in 2 contracts

Samples: Mezzanine Loan and Security Agreement (NRI Real Token Inc.), Loan and Security Agreement (NRI Real Token Inc.)

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Usury Savings. This Agreement and the Notes Note are subject to the express condition that, that at no time shall interest Borrower or Grantor be charged, obligated or Borrower be required or obligated to pay interest, interest on the outstanding principal balance of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Administrative Agent and/or the Lenders Lender to either civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest on the outstanding principal balance of any Note at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default Rate for such NoteRate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due under such Notehereunder. All sums paid or agreed to be paid to Administrative Agent Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for as so long as the Loan is outstanding.

Appears in 2 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Usury Savings. This Agreement and the Notes are subject to the express condition that, that at no time shall interest be charged, or Borrower be obligated or required or obligated to pay interest, interest on the outstanding principal balance Principal Amount of the Loan at a rate which could subject Administrative Agent and/or the Lenders to either civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the outstanding principal balance of any Note Principal Amount due under the Notes at a rate in excess of the Maximum Legal Rate, then the Interest Applicable LIBO Rate, the Applicable Base Rate or the Default Rate for such NoteRate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due under such Notethe Notes. All sums paid or agreed to be paid to Administrative Agent Lenders for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for as so long as the Loan is outstanding.

Appears in 1 contract

Samples: Loan and Security Agreement (Morgans Hotel Group Co.)

Usury Savings. This Agreement and the Notes other Loan Documents are subject to the express condition that, that at no time shall interest be charged, or Borrower be required or obligated to pay interest, interest on the outstanding principal balance of the Loan at a rate which could subject Administrative Agent and/or the Lenders Lender to either civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Rate. If, If by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the outstanding principal balance of any Note due hereunder at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default Rate for such NoteRate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction applied toward payment of the principal of the Loan and not on account of the interest due under such Notehereunder or, if the Loan has been repaid in full, shall promptly be returned to Borrower. All sums paid or agreed to be paid to Administrative Agent Lender for the use, forbearance, use or detention forbearance of the sums due under the Loan, shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate from time to time in effect and applicable to the Loan for as so long as the Loan is outstanding.

Appears in 1 contract

Samples: Loan Agreement (Moody National REIT I, Inc.)

Usury Savings. This Agreement Agreement, the Note and the Notes other Loan Documents are subject to the express condition that, that at no time shall interest be charged, or Borrower be obligated or required or obligated to pay interest, interest and/or loan charges on the outstanding principal balance of the Loan at a rate which could subject Administrative Agent and/or the Lenders Lender to either civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest and/or loan charges on the outstanding principal balance of any Note due hereunder at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default Rate for such NoteRate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest and/or loan charges due under such Notehereunder. All sums paid or agreed to be paid to Administrative Agent Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest and/or loan charges from time to time in effect and applicable to the Loan for as so long as the Loan is outstanding.

Appears in 1 contract

Samples: Loan Agreement (Assisted 4 Living, Inc.)

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Usury Savings. This Agreement and the Notes Note are subject to the express condition that, that at no time shall interest be charged, or Borrower be obligated or required or obligated to pay interest, interest on the outstanding principal balance of the Loan at a rate which could subject Administrative Agent and/or the Lenders Lender to either civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the outstanding principal balance of any due under the Note at a rate in excess of the Maximum Legal Rate, then the Fixed Interest Rate, the Floating Interest Rate, the Static Libor Rate or the Default Rate for such NoteRate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due under such the Note. All sums paid or agreed to be paid to Administrative Agent Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for as so long as the Loan is outstanding.

Appears in 1 contract

Samples: Loan and Security Agreement (Urban Edge Properties)

Usury Savings. This Agreement and the Notes are subject Notwithstanding anything to the express condition thatcontrary set forth herein or in any other Loan Document, at no time shall interest be charged, or Borrower be obligated or required or obligated to pay interest, interest on the outstanding principal balance of the Loan at a rate which could subject Administrative Agent and/or the Lenders Lender to either civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Ratemaximum legal rate under applicable law. If, by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the outstanding principal balance of any Note due hereunder at a rate in excess of the Maximum Legal Ratemaximum legal rate under applicable law, then the Interest Effective Rate or the Default Rate for such NoteRate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate maximum legal rate under applicable law and all previous payments in excess of the Maximum Legal Rate maximum legal rate under applicable law shall be deemed to have been payments in reduction of principal and not on account of the interest due under such Notehereunder. All sums paid or agreed to be paid to Administrative Agent Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate maximum legal rate of interest from time to time in effect and applicable to the Loan for as so long as the Loan is outstanding.

Appears in 1 contract

Samples: Loan Agreement (William Lyon Homes)

Usury Savings. This Agreement and the Notes other Loan Documents are subject to the express condition that, that at no time shall interest be charged, or Borrower be required or obligated to pay interest, interest on the outstanding principal balance of the Loan at a rate which could subject Administrative Agent and/or the Lenders Lender to either civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Rate. If, If by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the outstanding principal balance of any Note due hereunder at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default Rate for such NoteRate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal (without the payment of any prepayment fee or Yield Maintenance Premium) and not on account of the interest due under such Notehereunder. All sums paid or agreed to be paid to Administrative Agent Lender for the use, forbearance, use or detention forbearance of the sums due under the Loan, shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate from time to time in effect and applicable to the Loan for as so long as the Loan is outstanding.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

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