Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 54 contracts
Samples: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (DigitalOcean Holdings, Inc.), Credit Agreement (Purple Innovation, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law Applicable Law (collectively, the “Chargescharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawApplicable Law, the rate of interest payable in respect of such Loan hereunder, together with all Charges charges payable in respect thereof, shall be limited to the Maximum Rate and, to Rate. To the extent lawful, the interest and Charges charges that would have been payable paid in respect of such Loan but were not payable paid as a result of the operation of this Section shall be cumulated and the interest and Charges charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.
Appears in 48 contracts
Samples: Uncommitted Revolving Credit Agreement (Power Solutions International, Inc.), Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend Corp.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”"CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 40 contracts
Samples: Credit Agreement (Communications & Power Industries Inc), Credit Agreement (Wilmar Holdings Inc), Credit Agreement (Harborside Healthcare Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law Law (collectively, the “Chargescharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Administrative Agent and the Lender holding such Loan in accordance with applicable lawLaw, the rate of interest payable in respect of such Loan hereunder, together with all Charges charges payable in respect thereof, shall be limited to the Maximum Rate and, to Rate. To the extent lawful, the interest and Charges charges that would have been payable paid in respect of such Loan but were not payable paid as a result of the operation of this Section shall be cumulated and the interest and Charges charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.
Appears in 22 contracts
Samples: Credit Agreement and Guaranty (BioXcel Therapeutics, Inc.), Credit Agreement (Fractyl Health, Inc.), Credit Agreement (Tpi Composites, Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 15 contracts
Samples: 364 Day Credit Agreement (Crane Co /De/), Term Loan Credit Agreement (Crane Co /De/), Day Credit Agreement (Crane Co /De/)
Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 11 contracts
Samples: Senior Secured (Bed Bath & Beyond Inc), Credit Agreement and Waiver (Bed Bath & Beyond Inc), Credit Agreement and Waiver (Bed Bath & Beyond Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Term Loan, together with all fees, charges and other amounts that are treated as interest on such Term Loan under applicable law Applicable Law (collectively, the “Charges”), shall be found by a court of competent jurisdiction in a final order to exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Term Loan in accordance with applicable lawApplicable Law, the rate of interest payable in respect of such Term Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Term Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Term Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 11 contracts
Samples: Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 11 contracts
Samples: Term Loan Credit Agreement (RTX Corp), Credit Agreement (Energizer Holdings, Inc.), Term Credit Agreement (Ovintiv Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 11 contracts
Samples: Credit Agreement (DPL Inc), Term Loan Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Alternate Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 10 contracts
Samples: Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Term Loan Agreement (Goodyear Tire & Rubber Co /Oh/)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law Requirements of Law (collectively, the “Charges”"CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawRequirements of Law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 9 contracts
Samples: Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP), Credit Agreement (HealthSpring, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law Applicable Law (collectively, the “Charges”), shall be found by a court of competent jurisdiction in a final order to exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawApplicable Law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 9 contracts
Samples: Subordination Agreement (American Apparel, Inc), Credit Agreement (American Apparel, Inc), Credit Agreement (American Apparel, Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 11.23 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 9 contracts
Samples: Abl Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”"CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 8 contracts
Samples: Credit Agreement (Shiloh Industries Inc), Common Agreement (At&t Latin America Corp), Credit Agreement (Jo-Ann Stores Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Alternate Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 7 contracts
Samples: Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Assignment and Assumption (Goodyear Tire & Rubber Co /Oh/), Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law Requirements of Law (collectively, the “Rate Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawRequirements of Law, the rate of interest payable in respect of such Loan hereunder, together with all Rate Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Rate Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Rate Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Rate to the date of repayment, shall have been received by such Lender.
Appears in 7 contracts
Samples: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Ping Identity Holding Corp.), Credit Agreement (Dragoneer Growth Opportunities Corp. II)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Overnight Rate to the date of repayment, shall have been received by such Lender.
Appears in 6 contracts
Samples: Credit Agreement (Coca-Cola Consolidated, Inc.), Term Loan Agreement (Coca-Cola Consolidated, Inc.), Credit Agreement (Brown Forman Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.
Appears in 6 contracts
Samples: Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or L/C Obligation, together with all fees, charges and other amounts that are treated as interest on such Loan thereon under applicable law (collectively, collectively the “Chargescharges”), shall exceed the maximum lawful rate (the “Maximum Ratemaximum rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding an interest in such Loan or L/C Obligation in accordance with applicable law, the rate of interest payable in respect of such Loan or L/C Obligation hereunder, together with all Charges of the charges payable in respect thereof, shall be limited to the Maximum Rate maximum rate and, to the extent lawful, the interest and Charges the charges that would have been payable in respect of such Loan or L/C Obligation but were not payable as a result of the operation of this Section shall be cumulated cumulated, and the interest and Charges the charges payable to such Lender in respect of other Loans or L/C Obligations or periods shall be increased (but not above the Maximum Rate maximum rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 6 contracts
Samples: Loan Agreement (RCM Technologies, Inc.), Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Franchise Group, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base applicable Overnight Rate to the date of repayment, shall have been received by such Lender.
Appears in 6 contracts
Samples: Credit Agreement (Scotts Miracle-Gro Co), Assignment and Assumption (National Fuel Gas Co), Credit Agreement (Scotts Miracle-Gro Co)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law Requirements of Law (collectively, collectively the “ChargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawRequirements of Law, the rate of interest payable in respect of such Loan hereunder, together with all Charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges Charged Amounts that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges Charged Amounts payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 6 contracts
Samples: Credit Agreement (View, Inc.), Credit Agreement (View, Inc.), Second Lien Credit Agreement (Sovos Brands, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 8.13 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together (to the extent lawful) with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 5 contracts
Samples: Credit Agreement (Central European Media Enterprises LTD), Amendment and Restatement Agreement (Central European Media Enterprises LTD), Revolving Loan Facility Credit Agreement (Central European Media Enterprises LTD)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Term Loan, together with all fees, charges and other amounts that are treated as interest on such Term Loan under applicable law Applicable Law (collectively, the “Charges”), shall be found by a court of competent jurisdiction in a final order to exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Term Loan in accordance with applicable lawApplicable Law, the rate of interest payable in respect of such Term Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Term Loan but were not payable as a result of the operation of this Section SECTION shall be cumulated and the interest and Charges payable to such Lender in respect of other Term Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 5 contracts
Samples: Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law Law (collectively, the “Chargescharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Agent and the Lender holding such Loan in accordance with applicable lawLaw, the rate of interest payable in respect of such Loan hereunder, together with all Charges charges payable in respect thereof, shall be limited to the Maximum Rate and, to Rate. To the extent lawful, the interest and Charges charges that would have been payable paid in respect of such Loan but were not payable paid as a result of the operation of this Section shall be cumulated and the interest and Charges charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.
Appears in 5 contracts
Samples: Credit Agreement and Guaranty (Allurion Technologies, Inc.), Credit Agreement and Guaranty (Allurion Technologies Holdings, Inc.), Credit Agreement and Guaranty (Xeris Biopharma Holdings, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Chargescharges”), shall exceed the maximum lawful rate (the “Maximum Ratemaximum rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunderLoan, together with all Charges of the charges payable in respect thereof, shall be limited to the Maximum Rate maximum rate and, to the extent lawful, the interest and Charges the charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated cumulated, and the interest and Charges the charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate maximum rate therefor) until such cumulated amount, together with interest thereon at the Alternate Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 5 contracts
Samples: Credit Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund), Credit Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund), Security Agreement (ClearBridge Energy MLP Fund Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 5 contracts
Samples: Credit and Guarantee Agreement (H&r Block Inc), Credit Agreement (O Reilly Automotive Inc), Credit Agreement (Haynes International Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 11.18 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 4 contracts
Samples: Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate (which, if such rate is less than zero, shall be deemed to be zero) to the date of repayment, shall have been received by such Lender.
Appears in 4 contracts
Samples: Revolving Credit Agreement (PERRIGO Co PLC), Term Loan Credit Agreement (PERRIGO Co PLC), Revolving Credit Agreement (PERRIGO Co PLC)
Interest Rate Limitation. Notwithstanding anything herein to the contrarycontrary contained herein, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law Requirements of Law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawRequirements of Law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Interbank Rate to the date of repayment, shall have been received by such Lender.
Appears in 4 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Security Agreement (Novelis South America Holdings LLC)
Interest Rate Limitation. (a) Notwithstanding anything herein to the contrarycontrary but subject to clause (b) hereof, if at any time the interest rate applicable to any LoanLoan or Letter of Credit, together with all fees, charges and other amounts that which are treated as interest on such Loan or Letter of Credit under applicable law Requirements of Law (collectively, collectively the “ChargesCharged Amounts”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender or Issuing Bank holding such Loan or Letter of Credit in accordance with applicable lawRequirements of Law, the rate of interest payable in respect of such Loan or Letter of Credit hereunder, together with all Charges Charged Amounts payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges Charged Amounts that would have been payable in respect of such Loan or Letter of Credit but were not payable as a result of the operation of this Section 9.19 shall be cumulated and the interest and Charges Charged Amounts payable to such Lender or Issuing Bank in respect of other Loans or Letters of Credit or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate rate set forth in Section 2.13(d) to the date of repayment, shall have been received by such LenderLender or Issuing Bank.
Appears in 4 contracts
Samples: Credit Agreement (Knowlton Development Corp Inc), Security Agreement (Knowlton Development Corp Inc), Credit Agreement (Knowlton Development Parent, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and or other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received received, or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of to such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefortherefore) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender. If Administrative Agent or any Lender shall receive interest in an amount that exceeds the Maximum Rate, the excess interest shall be applied to the principal of the Loans or, if it exceeds such unpaid principal, refunded to Borrowers.
Appears in 4 contracts
Samples: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 9.13 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Deluxe Corp), Term Loan Credit Agreement (Tupperware Brands Corp), Term Loan Credit Agreement (Tupperware Brands Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law Law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawLaw, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Overnight Rate to the date of repayment, shall have been received by such Lender.. 156
Appears in 3 contracts
Samples: Credit Agreement (Atmus Filtration Technologies Inc.), Credit Agreement (Atmus Filtration Technologies Inc.), Credit Agreement (Cummins Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Overnight Bank Funding Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Illumina, Inc.), Credit Agreement (Illumina, Inc.), Term Loan Agreement (Xenia Hotels & Resorts, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any the Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 8.13 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together (to the extent lawful) with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Central European Media Enterprises LTD), Term Loan Facility Credit Agreement (Central European Media Enterprises LTD), Term Loan Facility Credit Agreement (CME Media Enterprises B.V.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 11.22 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (JGWPT Holdings Inc.), Credit Agreement (Epiq Systems Inc), Credit Agreement (PGT, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Lydall Inc /De/), Credit Agreement (Lydall Inc /De/), Credit Agreement (Photronics Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loanextension of credit hereunder, together with all fees, charges and other amounts that which are treated as interest on such Loan extension of credit under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding that made such Loan extension of credit in accordance with applicable law, the rate of interest payable in respect of such Loan extension of credit hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan extension of credit but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans extensions of credit or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Amerisourcebergen Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such the Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such the Lender.
Appears in 3 contracts
Samples: Execution Version Export Credit Agreement (Sifco Industries Inc), Execution Copy Credit Agreement (Sifco Industries Inc), Credit Agreement (Skyline Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law Applicable Law (collectively, the “Chargescharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawApplicable Law, the rate of interest payable in respect of such Loan hereunder, together with all Charges charges payable in respect thereof, shall be limited to the Maximum Rate and, to Rate. To the extent lawful, the interest and Charges charges that would have been payable paid in respect of such Loan but were not payable paid as a result of the operation of this Section shall be cumulated and the interest and Charges charges payable to such the Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate for each day to the date of repayment, shall have been received by the Lender. Any amount collected by the Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such LenderLoan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.
Appears in 3 contracts
Samples: Credit Agreement (Offerpad Solutions Inc.), Credit Agreement (Offerpad Solutions Inc.), Credit Agreement (Supernova Partners Acquisition Company, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”"CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Prime Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Ferro Corp), Revolving Credit Agreement (Om Group Inc), Credit Agreement (Anthony & Sylvan Pools Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such the Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such the Lender.
Appears in 3 contracts
Samples: Credit Agreement (FIGS, Inc.), Credit Agreement (SJW Group), Credit Agreement (Franklin Covey Co)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are which may be treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate of interest (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Maximum Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Golden Grain Energy), Credit Agreement (Great Plains Ethanol LLC), Credit Agreement (Western Plains Energy LLC)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 9.17 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Clear Secure, Inc.), Credit Agreement (Clear Secure, Inc.), Credit Agreement (Mimecast LTD)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate or result in any Lender receiving interest at a criminal rate (as such term is construed under the Criminal Code (Canada)) (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Alta Equipment Group Inc.), Lien Credit Agreement (Alta Equipment Group Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate Basic Interest and the Default Interest rates applicable to any the Loan, together with all fees, charges and other amounts that which are treated as interest on such the Loan under applicable law Applicable Law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such a portion of the Loan in accordance with applicable lawApplicable Law, the rate of interest Basic Interest and Default Interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 8.08 shall be cumulated and the interest and Charges payable to such the Lender in respect of other Loans loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate annual interest rate of fourteen percent (14%) to the date of repayment, shall have been received by such the Lender.
Appears in 2 contracts
Samples: Collateral Agent Agreement (Sco Group Inc), Collateral Agent Agreement (Sco Group Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law Law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable lawLaw, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Overnight Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Phinia Inc.), Credit Agreement (Phinia Inc.)
Interest Rate Limitation. Notwithstanding anything herein or in any other Loan Document to the contrary, if at any time the interest amount or rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful amount or rate (the “Maximum Rate”” or “Maximum Amount,” as applicable) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the amount or rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate Amount or Rate, as applicable and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate Amount or Rate, as applicable therefor) until such cumulated amount, together with interest thereon at the Base Rate (to the date of repayment, extent lawful) shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Plains Gp Holdings Lp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base FRBNY Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Nextgen Healthcare, Inc.), Credit Agreement (Scotts Miracle-Gro Co)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (MPLX Lp), Revolving Credit Agreement (Marathon Petroleum Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanLoan or reimbursement obligation, together with all fees, charges and other amounts that are treated as interest on such Loan or reimbursement obligation under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan or reimbursement obligation in accordance with applicable law, the rate of interest payable in respect of such Loan or reimbursement obligation hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan or reimbursement obligation but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans Loans, reimbursement obligations or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, amount shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Dynamic Materials Corp), Credit Agreement (Fei Co)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Applicable Rate of Interest to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Loan Agreement (Dentsply International Inc /De/), Loan Agreement (Dentsply International Inc /De/)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Chargescharges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges charges payable in respect thereof, shall be limited to the Maximum Rate and, to Rate. To the extent lawful, the interest and Charges charges that would have been payable paid in respect of such Loan but were not payable paid as a result of the operation of this Section 9.28 shall be cumulated and the interest and Charges charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the amount collectible at the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Rate for each day to the date of repayment, shall have been received by such Lender. Any amount collected by such Lender that exceeds the maximum amount collectible at the Maximum Rate shall be applied to the reduction of the principal balance of such Loan or refunded to the Borrower so that at no time shall the interest and charges paid or payable in respect of such Loan exceed the maximum amount collectible at the Maximum Rate.
Appears in 2 contracts
Samples: Credit Agreement (LyondellBasell Industries N.V.), Guaranty Agreement (LyondellBasell Industries N.V.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”"CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Prime Rate to the date of repayment, shall have been received by such Lender. [The balance of this page is intentionally blank.]
Appears in 2 contracts
Samples: Credit Agreement (Royal Appliance Manufacturing Co), Credit Agreement (Value City Department Stores Inc /Oh)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.. Section 10.16
Appears in 2 contracts
Samples: Credit Agreement (Energizer Holdings, Inc.), Credit Agreement (Energizer Holdings, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Ch Energy Group Inc), Credit Agreement (Gibraltar Industries, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Revolving Credit Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan loan in accordance with applicable law, the rate of interest payable in respect of such Loan loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Nu Horizons Electronics Corp), Control Agreement (Nu Horizons Electronics Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanUnpaid Drawings, together with all fees, charges and other amounts that which are treated as interest on such Loan amount or pursuant to any Letter of Credit under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender issuing or holding participation in such Loan Letter of Credit in accordance with applicable law, the rate of interest payable in respect of such Loan Letter of Credit hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan Letter of Credit but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans Letters of Credit or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Facility Agreement (Validus Holdings LTD), Credit Facility Agreement (Validus Holdings LTD)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate NYFRB to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Cabot Corp), Credit Agreement (nVent Electric PLC)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate Applicable Margin to the date of repayment, shall have been received by such the Lender.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Peabody Energy Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base applicable Overnight Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (P10, Inc.), Credit Agreement (P10, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and or other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received received, or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of to such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 9.12 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefortherefore) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by Lender. If Lender shall receive interest in an amount that exceeds the Maximum Rate, the excess interest shall be applied to the principal of the Loans or, if it exceeds such Lenderunpaid principal, refunded to Borrowers.
Appears in 2 contracts
Samples: Credit Agreement (Alico, Inc.), Credit Agreement (Alico Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, Rate; provided that the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall 10.19 shall, to the extent lawful, be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repaymentrepayment at the rate or rates applicable to such Loan, shall have been received by such Lender.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.), 364 Day Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”"CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, and if lawful, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.. (Signatures Follow on Next Page)
Appears in 2 contracts
Samples: Security Agreement (Jato Communications Corp), Security Agreement (Jato Communications Corp)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.. 106
Appears in 2 contracts
Samples: Credit Agreement (Escalade Inc), Credit Agreement (Escalade Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, Rate; provided that the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall 12.19 shall, to the extent lawful, be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repaymentrepayment at the rate or rates applicable to such Loan, shall have been received by such Lender.
Appears in 2 contracts
Samples: Five Year Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.), Year Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”"CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Prime Rate to the date of repayment, shall have been received by such Lender. [The balance of this page is intentionally blank; the next pages are signature pages.]
Appears in 2 contracts
Samples: Credit Agreement (Om Group Inc), Credit Agreement (Om Group Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.. Section 11.24
Appears in 2 contracts
Samples: Credit Agreement (GTT Communications, Inc.), Priming Facility Credit Agreement (GTT Communications, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and or other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received received, or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of to such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefortherefore) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender. If Administrative Agent or any Lender shall receive interest in an amount that exceeds the Maximum Rate, the excess interest shall be applied to the principal of the Loans or, if it exceeds such unpaid principal, refunded to the Borrower.
Appears in 2 contracts
Samples: Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.), Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at a rate reasonably determined by the Base Rate Agent to be a market rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Prime Rate to the date of repayment, shall have been received by such Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (Oaktree Strategic Income II, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not 160 above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Overnight Bank Funding Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Samples: Credit Agreement (Big Lots Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Rate to the date of repayment, shall have been received by such Lender. [Remainder of this page intentionally left blank.]
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that 117 would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”"CHARGES"), shall exceed the maximum lawful rate (the “Maximum Rate”"MAXIMUM RATE") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Revolving Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base applicable Overnight Rate to the date of repayment, shall have been received by such Lender. SECTION 9.16.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are which may be treated as interest on such Loan under applicable law (collectively, the “"Charges”"), shall exceed the maximum lawful rate of interest (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such the Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Rate to the date of repayment, shall have been received by such the Lender.
Appears in 1 contract
Samples: Credit Agreement (Patriot Transportation Holding Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges charges, and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received received, or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall will be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall will be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall will be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall will have been received by such Lender.
Appears in 1 contract
Samples: Credit Agreement (Allbirds, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all feesFees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, the “Charges”)law, shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the applicable Lender holding such Loan or participation in accordance with applicable law, the rate of interest payable in respect of such Loan or participation hereunder, together with all Charges Fees, charges and other amounts payable in respect thereof, shall be limited to the Maximum Rate such maximum lawful rate and, to the extent lawful, the interest and Charges Fees, charges and other amounts that would have been payable in respect of such Loan the Loans but were not payable as a result of the operation of this Section 9.08 shall be cumulated and the interest and Charges amounts payable to such Lender in respect of other Loans or participations or periods shall be increased (but not above the Maximum Rate maximum lawful rate therefor) until such cumulated amount, together with interest thereon at the Base Alternate Interest Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Samples: Credit Agreement (Predex)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.. 117
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanUnpaid Drawings, together with all fees, charges and other amounts that which are treated as interest on such Loan amount or pursuant to any Letter of Credit under applicable law (collectively, collectively the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the Lender issuing or holding participation in such Loan Letter of Credit in accordance with applicable law, the rate of interest payable in respect of such Loan Letter of Credit hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan Letter of Credit but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans Letters of Credit or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate (or, in the case of amounts denominated on Optional Currency, the rate from time to time determined by the UK Administrative Agent to represents its cost of overnight funds in such Optional Currency) to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Samples: Credit Agreement (Systemax Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the 127 interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Samples: Credit Agreement (Eastern Co)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.. SECTION 9.18
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the 109 maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Samples: Purchase Option Agreement (Preferred Apartment Communities Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and or other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received received, or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of to such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefortherefore) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender. If Administrative Agent or any Lender shall receive interest in an amount that exceeds the Maximum Rate, the excess interest shall be applied to the principal of the Loans or, if it exceeds such unpaid principal, refunded to Borrower.
Appears in 1 contract
Samples: Credit Agreement (Wayne Farms, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any LoanUnpaid Drawings, together with all fees, charges and other amounts that which are treated as interest on such Loan amount or pursuant to any Letter of Credit under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender issuing or holding participation in such Loan Letter of Credit in accordance with applicable law, the rate of interest payable in respect of such Loan Letter of Credit hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan Letter of Credit but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans Letters of Credit or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender. SECTION 10.14.
Appears in 1 contract
Samples: Agreement (Validus Holdings LTD)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lenderrepayment at the NYFRB Rate. SECTION 8.15.
Appears in 1 contract
Samples: Credit Agreement (Masco Corp /De/)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 9.14 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, charged or otherwise received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such the Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until the Lender shall have received such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.payment. 000-0000-0000/6/AMERICAS
Appears in 1 contract
Samples: Loan Agreement (CBIZ, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “ChargesCharges ”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, collectively the “Chargescharges”), shall exceed the maximum lawful rate (the “Maximum Ratemaximum rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges of the charges payable in respect thereof, shall be limited to the Maximum Rate maximum rate and, to the extent lawful, the interest and Charges the charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated cumulated, and the interest and Charges the charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate maximum rate therefor) until such cumulated amount, together with interest thereon at the Base Rate such maximum rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 9.13 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base FRBNY Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Samples: Credit Agreement (Welbilt, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “"Charges”"), shall exceed the maximum lawful rate (the “"Maximum Rate”") that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Prime Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Samples: Credit Agreement (Om Group Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such the Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such the Lender.
Appears in 1 contract
Samples: Credit Agreement (Amber Road, Inc.)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such the Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base NYFRB Rate to the date of repayment, shall have been received by such the Lender.. SECTION 8.18
Appears in 1 contract
Samples: Credit Agreement (Harmonic Inc)
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base Rate to the date of repayment, shall have been received by such Lender.. Notwithstanding the forgoing, if the Yen Revolving Lender shall have received interest and/or Charges in an amount that exceeds the Maximum Rate, the excess interest and Charges shall be
Appears in 1 contract
Samples: Credit Agreement (Charles River Laboratories International Inc)
Interest Rate Limitation. (a) Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, and to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon hereon at the Base Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Interest Rate Limitation. Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts that which are treated as interest on such Loan under applicable law (collectively, collectively the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) that which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section 9.09 shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Base lesser of the Applicable Rate and the Maximum Rate to the date of repayment, shall have been received by such Lender.
Appears in 1 contract
Samples: Credit Agreement (Great Ajax Corp.)
