Common use of Additional Sums Clause in Contracts

Additional Sums. The Company agrees to pay an effective, contracted for rate of interest equal to the rate of interest resulting from all interest payable as provided in this Note plus the additional rate of interest resulting from the “Additional Sums” as defined in the next sentence. All fees, charges, goods, things in action and any other sums or things of value, other than the interest resulting from the Stated Interest Rate and the Default Interest Rate, as applicable, paid or payable by the Company (collectively, the "Additional Sums") pursuant to this Note, that may be deemed to constitute interest for the purpose of any applicable laws that may limit the maximum amount of interest to be charged by a lender, shall be payable by the Company as, and shall be deemed actually to be, additional interest; and for such purposes only, the agreed upon and "contracted for rate of interest" payable under this Note shall be deemed increased by the rate of interest resulting from the imposition of the Additional Sums. The Company understands and believes that this transaction complies with all applicable laws of the State of Arizona; however, if any interest or other charges in connection with this Note are ever held by a court of competent jurisdiction to have exceeded the maximum amount of interest permitted by law, then the Company agrees that: (i) the amount of interest or charges payable pursuant under this Note shall be reduced to the maximum amount permitted by law; and (ii) any excess amount previously collected from the Company in connection with this Note that exceeded the maximum amount permitted by law shall be credited against the principal balance then outstanding hereunder.

Additional Sums. The Company agrees to pay an effective, contracted for rate of interest equal to the rate of interest resulting from all interest payable as provided in this Note plus the additional rate of interest resulting from the “Additional Sums” as defined in the next sentence. All fees, charges, goods, things in action and or any other sums or things of value, other than the interest resulting from the Stated Accreted Interest Rate and the Default Interest Rate, as applicable, paid or payable by the Company Borrower (collectively, the "Additional Sums") ), whether pursuant to this Note, that the Loan Documents or any other document or instrument in any way pertaining to this lending transaction, or otherwise with respect to this lending transaction, that, under the laws of the State of Arizona, may be deemed to constitute be interest with respect to this lending transaction, for the purpose of any applicable laws of the State of Arizona that may limit the maximum amount of interest to be charged by a lenderwith respect to this lending transaction, shall be payable by the Company Borrower as, and shall be deemed actually to be, additional interest; , and for such purposes only, the agreed upon and "contracted for rate of interest" payable under of this Note lending transaction shall be deemed to be increased by the rate of interest resulting from the imposition of the Additional Sums. The Company Borrower understands and believes that this lending transaction complies with all applicable the usury laws of the State of Arizona; however, if any interest or other charges in connection with this Note lending transaction are ever held by a court of competent jurisdiction determined to have exceeded exceed the maximum amount of interest permitted by law, then the Company Borrower agrees that: (ia) the amount of interest or charges payable pursuant under to this Note lending transaction shall be reduced to the maximum amount permitted by law; and (iib) any excess amount previously collected from the Company Borrower in connection with this Note lending transaction that exceeded the maximum amount permitted by law shall law, will be credited against the principal balance then outstanding hereunder. If the outstanding principal balance hereunder has been paid in full, the excess amount paid will be refunded to Borrower.

Additional Sums. The Company agrees to pay an effective, contracted for rate of interest equal to the rate of interest resulting from all interest payable as provided in this Note plus the additional rate of interest resulting from the “Additional Sums” as defined in the next sentence. All fees, charges, warrants, goods, things in action and or any other sums or things of value, other than the interest resulting from the Stated Interest Rate and the Default Interest Rate, as applicable, paid or payable by the Company Borrower (collectively, the "“Additional Sums") ”), whether pursuant to this Note, that the Loan Documents or any other document or instrument in any way pertaining to this lending transaction, or otherwise with respect to this lending transaction, that, under the laws of the State of Delaware and Washington, may be deemed to constitute be interest with respect to this lending transaction, for the purpose of any applicable laws of the State of Delaware and Washington that may limit the maximum amount of interest to be charged by a lenderwith respect to this lending transaction, shall be payable by the Company Xxxxxxxx as, and shall be deemed actually to be, additional interest; , and for such purposes only, the agreed upon and "“contracted for rate of interest" payable under ” of this Note lending transaction shall be deemed to be increased by the rate of interest resulting from the imposition of the Additional Sums. The Company understands Borrower and believes Lender understand and believe that this lending transaction complies with all applicable the usury laws of the State of ArizonaDelaware and Washington; however, if any interest or other charges in connection with this Note lending transaction are ever held by a court of competent jurisdiction determined to have exceeded exceed the maximum amount of interest permitted by law, then the Company Borrower agrees that: (ia) the amount of interest or charges payable pursuant under to this Note lending transaction shall be reduced to the maximum amount permitted by law; and (iib) any excess amount previously collected from the Company Borrower in connection with this Note lending transaction that exceeded the maximum amount permitted by law shall law, will be credited against the principal balance then outstanding hereunder. If the outstanding principal balance hereunder has been paid in full, the excess amount paid will be refunded to Borrower.