Common use of Maximum Interest Rate Clause in Contracts

Maximum Interest Rate. No provision of this Agreement, the Note, or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender ever receives, collects or applies, as interest due and payable under the Note, any sum in excess of the Maximum Rate, the amount of the excess shall be applied as a payment and reduction of the principal of the indebtedness represented by the Note; and if the principal of the indebtedness represented by the Note has been fully paid, any remaining excess shall forthwith be paid to Borrower. In determining whether or not interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision Regardless of any provisions contained in this Agreement, the Note, Amendment or in any other Loan Document Documents, Lenders shall require never be deemed to have contracted for or be entitled to receive, collect or apply as interest on the payment Notes or permit otherwise any amount in excess of the collection maximum rate of interest permitted to be charged by applicable law, and if Lenders ever receive, collect or apply as interest any such excess, or if acceleration of the maturity of the Notes or if any prepayment by Borrower results in Borrower having paid any interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If rate, such amount which would be excessive interest in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender ever receives, collects or applies, as interest due and payable under the Note, any sum in excess of the Maximum Rate, the amount of the excess shall be applied as a payment and to the reduction of the unpaid principal balance of the indebtedness represented by the Note; and Notes for which such excess was received, collected or applied, and, if the principal balances of the indebtedness represented by the Note has been fully paidNotes are paid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not interest All sums paid or payable exceeds agreed to be paid to Lenders for the Maximum Rateuse, Borrower and Lender forbearance or detention of the indebtedness evidenced by the Notes and/or the Credit Agreement, as amended by this Amendment, shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the maximum lawful rate permitted under applicable law. In determining whether or not the interest paid or payable under any specific contingency exceeds the maximum rate of interest permitted by law, Borrower and Lenders shall, to the maximum extent permitted under applicable law, (ai) characterize any non-principal payment as an expense, fee or premium premium, rather than as interest, ; and (bii) exclude voluntary prepayments and the effects effect thereof, ; and (ciii) amortize, prorate, allocate and spread, in equal or unequal parts, compare the total amount of interest contracted for, charged or received with the total amount of interest which could be contracted for, charged or received throughout the entire contemplated term of the indebtedness represented by Notes at the Note so that interest for the entire term does not exceed the Maximum Ratemaximum lawful rate under applicable law.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No (a) Regardless of any provision of contained in this AgreementDebenture, Lender shall never be entitled to receive, collect or apply as interest on the Note, or Debenture any other Loan Document shall require the payment or permit the collection of interest amount in excess of interest calculated at the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreement, and, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event that Lender ever receives, collects or applies, applies as interest due and payable under the Note, any sum in excess of the Maximum Ratesuch excess, the amount of the excess which would be excessive interest shall be applied deemed to be a partial prepayment of principal and treated hereunder as a payment and reduction of the principal of the indebtedness represented by the Notesuch; and and, if the principal amount of the indebtedness represented by the Note has been fully paidDebenture is paid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds interest calculated at the Maximum Rate, Borrower and Lender shall, to the maximum extent permitted by under applicable law, (ai) characterize any non-non principal payment as an expense, fee or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, proratepro rate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by Debenture; provided that, if the Note so that Debenture is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the entire term does actual period of existence thereof exceeds interest calculated at the Maximum Rate, Lender shall refund to Borrower the amount of such excess or credit the amount of such excess against the principal amount of the Debenture and, in such event, Lender shall not exceed be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of interest calculated at the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender each Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision Regardless of this Agreement, the Note, or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for provisions contained in this Agreement, Agreement or in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated documents and instruments referred to be so providedherein, the provisions of this section Lenders shall govern and prevail and Borrower shall never be obligated deemed to pay the excess amount of such interest have contracted for or any other excess sum paid for the usebe entitled to receive, forbearance, collect or detention of Advances made under this Agreement. In the event Lender ever receives, collects or applies, apply as interest due and payable under on the Note, Notes any sum amount in excess of the Maximum Rate, and in the amount event Lenders ever receives, collects or applies as interest any such excess, of if an acceleration of the maturity of the Notes or if any prepayment by Borrower results in Borrower having paid any interest in excess of the Maximum Rate, such amount which would be excessive interest shall be applied as a payment and to the reduction of the unpaid principal balance of the indebtedness represented by the Note; and Notes for which such excess was received, collected or applied, and, if the principal balance of the indebtedness represented by the Note has been fully paidNotes are paid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not interest All sums paid or payable exceeds agreed to be paid to the Maximum RateLenders for the use, Borrower and Lender forbearance or detention of the indebtedness evidenced by the Notes and/or this Agreement shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rate of interest permitted by law, Borrower and the Lenders shall, to the maximum extent permitted under applicable law, (ai) characterize any non-principal payment as an expense, fee or premium premium, rather than as interest, ; and (bii) exclude voluntary prepayments and the effects effect thereof, ; and (ciii) amortize, prorate, allocate and spread, in equal or unequal parts, compare the total amount of interest contracted for, charged or received with the total amount of interest which could be contracted for, charged or received throughout the entire contemplated term of the indebtedness represented by the Note so that interest for the entire term does not exceed Notes at the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, forbearance or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note has Notes have been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, thereof and (c) amortize, prorate, allocate and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event the Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and the Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes and the LC Participations; and and, if the principal of the indebtedness represented by Notes and the Note LC Participations has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes and LC Participations so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, forbearance or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, thereof and (c) amortize, prorate, allocate and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Max- imum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest in- terest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender ever receives, collects or applies, as interest due and payable under the Note, any sum in excess of the Maximum Rate, the amount of the excess ex- cess shall be applied as a payment and reduction of the principal of the indebtedness represented repre- sented by the Note; and if the principal of the indebtedness represented by the Note has been fully paid, any remaining excess shall forthwith be paid to Borrower. In determining whether or not interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither any Borrower nor the sureties, guarantors, successors, or assigns of any Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Agent, Issuing Bank or any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to BorrowerBorrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower Borrowers and Lender Agent, Issuing Bank and Lenders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and Borrower neither the Borrowers nor the sureties, guarantors, successors, or assigns of the Borrowers shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrowerthe Borrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower the Borrowers and Lender each Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision Regardless of any provisions contained in this Agreement, the Note or in any of the other Loan Documents, Lender shall never be deemed to have contracted for or be entitled to receive, collect or apply as interest (whether termed interest in the Loan Documents or deemed to be interest by judicial determination or operation of law) on the Note, or any other Loan Document shall require the payment or permit the collection of interest amount in excess of the maximum rate of interest permitted to be charged by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreementlaw, and, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender ever receives, collects or applies, applies as interest due and payable under the Noteany such excess, any sum in excess of the Maximum Rate, the such amount of the excess which would be excessive interest shall be applied deemed to be a partial prepayment of principal and treated hereunder as a payment and reduction of the principal of the indebtedness represented by the Note; and such, and, if the principal balance of the indebtedness represented by the Note has been fully paidis paid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Ratehighest lawful rate, Borrower Borrower, and Lender shall, to the maximum extent permitted by under applicable law, (ai) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee fee, or premium premium, rather than as interest, (bii) exclude voluntary prepayments and the effects effect thereof, and (ciii) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note so that the interest for the entire term does not exceed the Maximum Raterate is uniform throughout such term.

Maximum Interest Rate. No Regardless of any provision of this Agreementcontained herein or in any document related hereto, the NotePayee shall never be entitled to receive, collect or apply as interest any other Loan Document shall require the payment or permit the collection of interest amount in excess of the maximum permitted by applicable law (the "Maximum Highest Lawful Rate"). If interest in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender Payee ever receives, collects or applies, applies as interest due and payable under the Noteany such excess, any sum in excess of the Maximum Rate, the amount of the excess it shall be applied deemed a partial prepayment of principal and treated hereunder as a payment and reduction of the principal of the indebtedness represented by the Note; and such and, if the principal of the indebtedness represented by the Note has been fully paidhereof is paid in full, any remaining excess shall forthwith be paid refunded to BorrowerMaker. In determining whether or not the interest paid or payable payable, under any specific contingency, exceeds the Maximum Highest Lawful Rate, Borrower Maker and Lender shall, to the extent permitted by applicable law, Payee shall (a) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term hereof (provided that if the indebtedness evidenced hereby is paid and performed in full prior to the end of the indebtedness represented by full contemplated term thereof, and if the Note so that interest received for the entire term does actual period of existence exceeds the Highest Lawful Rate, Payee shall apply or refund such excess as provided above, and shall not exceed be subject to any penalties provided by any laws for contracting for, charging or receiving interest in excess of the Maximum Highest Lawful Rate). “Highest Lawful Rate” means the maximum rate of interest which Payee is allowed to contract for, charge, take, reserve or receive under applicable law after taking into account, to the extent required by applicable law, any and all relevant payments or charges hereunder.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender the Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by any promissory note executed in connection with the Loan (“Note”); and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender the Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Ratemaximum rate allowed by applicable law, as it changes from time to time.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender or the Administrative Agent ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented by the Noteowing under this Agreement; and and, if the principal of the indebtedness represented by the Note owing has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower the Borrower, the Administrative Agent, and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note owing pursuant to this Agreement so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No Regardless of any provision of this Agreementcontained herein, or in any other document executed in connection herewith, the Noteholder hereof shall never be entitled to receive, collect, or apply, as interest hereon, any other Loan Document shall require the payment or permit the collection of interest amount in excess of the maximum rate of interest permitted to be charged from time to time by applicable law (the "Maximum Rate"). If interest law, and in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender the holder hereof ever receives, collects collects, or applies, as interest due and payable under the Noteinterest, any sum in excess of the Maximum Ratesuch excess, the such amount of the excess which would be excessive interest shall be applied as deemed a payment and reduction partial prepayment of the principal of the indebtedness represented by the Notehereof and treated hereunder as such; and and, if the principal of the indebtedness represented by the Note has been fully paidhereof is paid in full, any remaining excess shall forthwith be paid to BorrowerCompany. In determining whether or not the interest paid or payable payable, under any specified contingency, exceeds the Maximum Ratehighest lawful rate, Borrower Company and Lender the holder hereof shall, to the maximum extent permitted by under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term hereof; provided that if the indebtedness evidenced hereby is paid and performed in full prior to the end of the indebtedness represented by full contemplated term thereof, and if the Note so that interest received for the entire term does actual period of existence thereof exceeds the maximum lawful rate, the holder hereof shall refund to Company the amount of such excess or credit the amount of such excess against the principal hereof, and in such event, the holder hereof shall not exceed be subject to any penalties provided by any laws for contracting for, charging, or receiving interest in excess of the Maximum Ratemaximum lawful rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the its Note; and and, if the principal of the indebtedness represented by the such Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender each Bank shall, to the extent permitted by applicable law, (ai) characterize any non-principal nonprincipal payment as an expense, fee fee, or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the such Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any of the Agent or the Lenders ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender the Agent and the Lenders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, ; and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No Regardless of any provision of this Agreementcontained herein, or in any other document executed in connection herewith, the Noteholder hereof shall never be entitled to receive, collect, or apply, as interest hereon, any other Loan Document shall require the payment or permit the collection of interest amount in excess of the maximum rate of interest permitted to be charged from time to time by applicable law (the "Maximum Rate"). If interest law, and in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender the holder hereof ever receives, collects collects, or applies, as interest due and payable under the Noteinterest, any sum in excess of the Maximum Ratesuch excess, the such amount of the excess which would be excessive interest shall be applied as deemed a payment and reduction partial prepayment of the principal of the indebtedness represented by the Notehereof and treated hereunder as such; and and, if the principal of the indebtedness represented by the Note has been fully paidhereof is paid in full, any remaining excess shall forthwith be paid to BorrowerMaker. In determining whether or not the interest paid or payable payable, under any specified contingency, exceeds the Maximum Ratehighest lawful rate, Borrower Maker and Lender the holder hereof shall, to the maximum extent permitted by under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term hereof; provided that if the indebtedness evidenced hereby is paid and performed in full prior to the end of the indebtedness represented by full contemplated term thereof, and if the Note so that interest received for the entire term does actual period of existence thereof exceeds the maximum lawful rate, the holder hereof shall refund to Maker the amount of such excess or credit the amount of such excess against the principal hereof, and in such event, the holder hereof shall not exceed be subject to any penalties provided by any laws for contracting for, charging, or receiving interest in excess of the Maximum Ratemaximum lawful rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Agent, Issuing Bank or any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender Agent, Issuing Bank and Lenders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. It is the intention of Lender and Borrower to conform to and contract in strict compliance with applicable usury laws from time-to-time in effect. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail prevail, and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Individual Note; and and, if the principal of the indebtedness represented by the Individual Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (ai) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Individual Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any --------------------- other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender the Agent or any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented by the Noteindebtedness; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower the Borrower, the Agent and Lender each Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, Agreement or of the Note, or any other Loan Document Note shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in the Note or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be he applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the tile Maximum Rate, Borrower and Lender shall, shall to the extent permitted by applicable law, (ai) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Note or of any other Loan Subordinated Note Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreementfor, or shall be adjudicated to be so provided, in any other Loan Document, Subordinated Note Document or otherwise in connection with the Loan, or is adjudicated to be so providedtransactions contemplated hereby, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Holder ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the this Note; and and, if the principal of the indebtedness represented by the this Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Ratemaximum rate, the Borrower and Lender the Holders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of 7 interest throughout the entire contemplated term of the indebtedness represented evidenced by the this Note so that interest for the entire term does not exceed the Maximum Ratemaximum rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Revolving Credit Note; and and, if the principal of the indebtedness represented by the Revolving Credit Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender each Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Revolving Credit Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the such Lender's Term Note; and and, if the principal of the indebtedness represented by the such Lender's Term Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower the Borrower, the Administrative Agent and Lender the Lenders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Term Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No (a) Regardless of any provision contained in any of this Agreementthe Loan Documents, Lender shall never be entitled to receive, collect or apply as interest on the Note, or Debentures any other Loan Document shall require the payment or permit the collection of interest amount in excess of interest calculated at the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreement, and, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event that Lender ever receives, collects or applies, applies as interest due and payable under the Note, any sum in excess of the Maximum Ratesuch excess, the amount of the excess which would be excessive interest shall be applied deemed to be a partial prepayment of principal and treated hereunder as a payment and reduction of the principal of the indebtedness represented by the Notesuch; and and, if the principal amount of the indebtedness represented by the Note has been fully paidObligation is Agreement (Continued) -------------------------------------------------------------------------------- paid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds interest calculated at the Maximum Rate, Borrower and Lender shall, to the maximum extent permitted by under applicable law, (ai) characterize any non-principal nonprincipal payment as an expense, fee or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, proratepro rate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by Debentures; provided that, if the Note so that Debentures is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the entire term does actual period of existence thereof exceeds interest calculated at the Maximum Rate, Lender shall refund to Borrower the amount of such excess or credit the amount of such excess against the principal amount of the Debentures and, in such event, Lender shall not exceed be subject to any penalties provided by any laws for contracting for, charging, taking, reserving or receiving interest in excess of interest calculated at the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, forbearance or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note has Notes have been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender Lenders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, thereof and (c) amortize, prorate, allocate and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes and the LC Participations; and and, if the principal of the indebtedness represented by Notes and the Note LC Participations has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes and LC Participations so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreementfor, or shall be adjudicated to be so provided, in any other Loan Document, Document or otherwise in connection with the Loan, or is adjudicated to be so providedtransactions contemplated by this Agreement, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNote held by such Bank; and and, if the principal of the indebtedness represented by the such Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither any Borrower nor the sureties, guarantors, successors, or assigns of any Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to BorrowerBorrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower Borrowers and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrowers shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and Notes and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to BorrowerBorrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower Borrowers and Lender shall, to the extent permitted by applicable law, (ai) characterize any non-principal non‑principal payment as an expense, fee fee, or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender each Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither any Borrower nor the sureties, guarantors, successors, or assigns of any Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented by the Noteindebtedness; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrowerthe Borrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, each Borrower and Lender each Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision provisions of this Agreement, the Note, Agreement or any other Loan Document Note shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for for, or shall be adjudicated to be so provided, in this Agreement, in Agreement or any other Loan Document, Note or otherwise in connection with the Loan, or is adjudicated to be so providedtransactions contemplated hereby and thereby, the provisions of this section Section shall govern and prevail and Borrower Parent shall not be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Holder ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal amount of the indebtedness represented by the Note; and if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to BorrowerParent. In determining whether or not the interest paid or payable exceeds the Maximum Ratemaximum rate, Borrower Parent and Lender the Holders shall, to the extent permitted by applicable law, (a) characterize any non-non- principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Ratemaximum rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of either Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender or the Administrative Agent ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented by the Noteowing under this Agreement; and and, if the principal of the indebtedness represented by the Note owing has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrowerthe Borrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower the Borrowers, the Administrative Agent, and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note owing pursuant to this Agreement so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender the Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNote or any other promissory note executed in connection with the Loan; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender the Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Ratemaximum rate allowed by applicable law, as it changes from time to time.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or --------------------- any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Bank ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented by the Noteindebtedness; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender each Bank shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender or the Administrative Agent ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the amount of the excess Rate shall be applied as a payment and reduction of the principal of the indebtedness represented by the Noteowing under this Agreement; and and, if the principal of the indebtedness represented by the Note owing has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower the Borrower, the Administrative Agent, and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note owing pursuant to this Agreement so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section SECTION shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section shall govern and prevail and Borrower neither the Borrowers nor the sureties, guarantors, successors, or assigns of the Borrowers shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event the Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrowerthe Borrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower the Borrowers and the Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Notes or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Notesuch Lender's Notes; and and, if the principal of the indebtedness represented by the Note such Lender's Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to the applicable Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, each Borrower and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreementfor, or shall be adjudicated to Craftmade International, Inc. Second Amended and Restated Credit Agreement 40 45 be so provided, in any other Loan Document, Document or otherwise in connection with the Loan, or is adjudicated to be so providedthis loan transaction, the provisions of this section SECTION 12.9 shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event the Agent or any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note has Notes have been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower Borrower, Agent and Lender Lenders shall, to the extent permitted by applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No Regardless of any provision of contained in this Loan Agreement, any of the Noteother Loan Documents, or any other document or instrument executed pursuant hereto or thereto, Lender shall never be entitled to receive, collect, charge or apply, as interest on the Loan Document shall require the payment or permit the collection of interest contemplated hereunder, any amount in excess of the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreementhighest lawful rate, and, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender ever receives, collects collects, charges or applies, applies as interest due and payable under the Noteinterest, any sum in excess of the Maximum Ratesuch excess, the such amount of the excess which would be excessive interest shall be applied deemed a partial prepayment of principal and treated hereunder as a payment and reduction of the principal of the indebtedness represented by the Notesuch; and and, if the principal debt of the indebtedness represented by the Note has been fully paidLoan is paid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Ratehighest lawful rate, Borrower and Lender shall, to the maximum extent permitted by under applicable law, (ai) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, prorate, allocate allocate, and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note Loan so that the interest for rate is uniform throughout the entire term does of the Loan; provided, that if the Loan is paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the actual period of existence thereof exceeds the highest lawful rate, Lender shall refund to Borrower or credit against the principal debt of the Loan the amount of such excess and, in such event, Lender shall not exceed be subject to any penalties provided by any laws for contracting for, charging, taking, reserving, or receiving interest in excess of the Maximum Ratehighest lawful rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (ai) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No Regardless of any provision contained in any of this Agreementthe Loan Documents, the Noteneither Agent nor any Lender shall never be entitled to receive, collect, or apply as interest on the Notes any other Loan Document shall require the payment or permit the collection of interest amount in excess of interest calculated at the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreement, and, in the event that any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest Agent or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Note, any sum in excess of the Maximum Ratesuch excess, the amount of the excess which would be excessive interest shall be applied deemed to be a partial prepayment of principal, and treated hereunder as a payment and reduction of the principal of the indebtedness represented by the Notesuch; and and, if the principal amount of the indebtedness represented by the Note has been fully paidObligation is paid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds interest calculated at the Maximum Rate, Borrower and Lender Lenders shall, to the maximum extent permitted by under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee fee, or premium premium, rather than as interest, ; (b) exclude voluntary prepayments and the effects thereof, ; and (c) amortize, prorate, allocate allocate, and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by Note; provided that, if the Note so that Notes are paid and performed in full prior to the end of the full contemplated term thereof, and if the interest received for the entire term does actual period of existence thereof exceeds interest calculated at the Maximum Rate, Agent and Lenders shall refund to Borrower the amount of such excess, or credit the amount of such excess against the principal amount of the Notes, and, in such event, Agent and Lenders shall not exceed be subject to any penalties provided by any laws for contracting for, charging, taking, reserving, or receiving interest in excess of interest calculated at the Maximum Rate.

Maximum Interest Rate. No Regardless of any provision of this Agreementcontained herein, or in any other document executed in connection herewith, the Noteholder hereof shall never be entitled to receive, collect or apply, as interest hereon, any other Loan Document shall require the payment or permit the collection of interest amount in excess of the maximum rate of interest permitted to be charged from time to time by applicable law (the "Maximum Rate"). If interest law, and in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender the holder hereof ever receives, collects or applies, as interest due and payable under the Noteinterest, any sum in excess of the Maximum Ratesuch excess, the such amount of the excess which would be excessive interest shall be applied as deemed a payment and reduction partial prepayment of the principal of the indebtedness represented by the Notehereof and treated hereunder as such; and and, if the principal of the indebtedness represented by the Note has been fully paidhereof is paid in full, any remaining excess shall forthwith be paid to BorrowerMaker. In determining whether or not the interest paid or payable payable, under any specified contingency, exceeds the Maximum Ratehighest lawful rate, Borrower Maker and Lender the holder hereof shall, to the maximum extent permitted by under applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term hereof; provided that if the indebtedness evidenced hereby is paid and performed in full prior to the end of the indebtedness represented by full contemplated term thereof, and if the Note so that interest received for the entire term does actual period of existence thereof exceeds the maximum lawful rate, the holder hereof shall refund to Maker the amount of such excess or credit the amount of such excess against the principal hereof, and in such event, the holder hereof shall not exceed be subject to any penalties provided by any laws for contracting for, charging, or receiving interest in excess of the Maximum Ratemaximum lawful rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither any Borrower nor the sureties, guarantors, successors, or assigns of any Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Agent, Issuing Bank or any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to BorrowerBorrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower Borrowers and Lender Agent, Issuing Bank and Lenders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the -55- effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal nonprincipal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.. Section 11.10

Maximum Interest Rate. No provision Notwithstanding anything contained in this Mortgage or in any of this Agreementthe Loan Documents to the contrary, Mortgagee shall never be deemed to have contracted for or be entitled to receive, collect or apply as interest on the NoteSecured Indebtedness, or any other Loan Document shall require the payment or permit the collection of interest amount in excess of the maximum amount permitted by applicable law (and calculated at the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreementhighest lawful nonusurious rate, and, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender Mortgagee ever receives, collects or applies, applies as interest due and payable under the Note, any sum amount in excess of the Maximum Rateamount permitted and calculated at the highest lawful nonusurious rate, the such amount of the excess which would be excessive interest shall be applied as a payment and to the reduction of the unpaid principal balance of the indebtedness represented by the Note; and Secured Indebtedness, and, if the principal balance of the indebtedness represented by the Note has been fully paidSecured Indebtedness is paid in full, any remaining excess shall forthwith be paid to BorrowerMortgagor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rateamount of interest permitted and calculated at the highest lawful nonusurious rate, Borrower Mortgagor and Lender Mortgagee shall, to the maximum extent permitted by under applicable law, (ai) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee fee, or premium premium, rather than as interest, (bii) exclude voluntary prepayments and the effects effect thereof, and (ciii) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note so that interest for the entire term does not exceed the Maximum RateSecured Indebtedness.

Maximum Interest Rate. No provision Regardless of this Agreement, the Note, or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for provisions contained in this Agreement, Agreement or in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated documents and instruments referred to be so providedherein, the provisions of this section Banks shall govern and prevail and Borrower shall never be obligated deemed to pay the excess amount of such interest have contracted for or any other excess sum paid for the usebe entitled to receive, forbearance, collect or detention of Advances made under this Agreement. In the event Lender ever receives, collects or applies, apply as interest due and payable under on the Note, Notes any sum amount in excess of the Maximum Rate, and in the amount event any Bank ever receives, collects or applies as interest any such excess, or if an acceleration of the maturities of any Notes or if any prepayment by the Borrower result in the Borrower having paid any interest in excess of the Maximum Rate, such amount which would be excessive interest shall be applied as a payment and to the reduction of the unpaid principal balance of the indebtedness represented by the Note; and Notes for which such excess was received, collected or applied, and, if the principal balance of the indebtedness represented by the such Note has been fully paidis paid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not interest All sums paid or payable exceeds agreed to be paid to the Maximum RateBanks for the use, Borrower and Lender forbearance or detention of the indebtedness evidenced by the Notes and/or this Agreement shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rate of interest permitted by law, the Borrower and the Banks shall, to the maximum extent permitted under applicable law, (ai) characterize any non-non- principal payment as an expense, fee or premium premium, rather than as interest, ; and (bii) exclude voluntary prepayments and the effects effect thereof, ; and (ciii) amortize, prorate, allocate and spread, in equal or unequal parts, compare the total amount of interest contracted for, charged or received with the total amount of interest which could be contracted for, charged or received throughout the entire contemplated term of the indebtedness represented by the Note so that interest for the entire term does not exceed at the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and Borrower neither Debtor nor the sureties, guarantors, successors or assigns of Debtor shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, forbearance or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Secured Party ever receives, collects or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the its Note; and and, if the principal of the indebtedness represented by the its Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to BorrowerDebtor. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower Debtor and Lender Secured Party shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, thereof and (c) amortize, prorate, allocate and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate (as defined herein). “Maximum Rate” means the maximum rate of nonusurious interest permitted from day to day by applicable law, including Chapter 303 of the Texas Finance Code (the “Code”) (and as the same may be incorporated by reference in other Texas statutes). To the extent that Chapter 303 of the Code is relevant to Secured Party for the purposes of determining the Maximum Rate, Secured Party may elect to determine such applicable legal rate pursuant to the “weekly ceiling,” from time to time in effect, as referred to and defined in Chapter 303 of the Code; subject, however, to the limitations on such applicable ceiling referred to and defined in the Code, and further subject to any right Secured Party may have subsequently, under applicable law, to change the method of determining the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented by the Noteindebtedness; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision Regardless of this Agreement, the Note, or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for provisions contained in this Agreement, Agreement or in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated documents and instruments referred to be so providedherein, the provisions of this section Lenders shall govern and prevail and Borrower shall never be obligated deemed to pay the excess amount of such interest have contracted for or any other excess sum paid for the usebe entitled to receive, forbearance, collect or detention of Advances made under this Agreement. In the event Lender ever receives, collects or applies, apply as interest due and payable under on the Note, Notes any sum amount in excess of the Maximum Rate, and in the amount event any Lender ever receives, collects or applies as interest any such excess, or if an acceleration of the maturities of any Notes or if any prepayment by the Borrowers results in the Borrowers having paid any interest in excess of the Maximum Rate, such amount which would be excessive interest shall be applied as a payment and to the reduction of the unpaid principal balance of the indebtedness represented by the Note; and Notes for which such excess was received, collected or applied, and, if the principal balance of the indebtedness represented by the such Note has been fully paidis paid in full, any remaining excess shall forthwith be paid to Borrowerthe Borrowers. In determining whether or not interest All sums paid or payable exceeds agreed to be paid to the Maximum RateLenders for the use, Borrower and Lender forbearance or detention of the indebtedness evidenced by the Notes and/or this Agreement shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the Maximum Rate. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rate of interest permitted by law, the Borrowers and the Lenders shall, to the maximum extent permitted under applicable law, (ai) characterize any non-non- principal payment as an expense, fee or premium premium, rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note so that interest for the entire term does not exceed the Maximum Rate.; and

Maximum Interest Rate. No provision provisions of this Agreement, the Note, Agreement or any other Loan Document Note shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for for, or shall be adjudicated to be so provided, in this Agreement, in Agreement or any other Loan Document, Note or otherwise in connection with the Loan, or is adjudicated to be so providedtransactions contemplated hereby and thereby, the provisions of this section Section shall govern and prevail and Borrower Parent shall not be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any Holder ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal amount of the indebtedness represented by the Note; and if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to BorrowerParent. In determining whether or not the interest paid or payable exceeds the Maximum Ratemaximum rate, Borrower Parent and Lender the Holders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Ratemaximum rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither any Borrower nor the sureties, guarantors, successors, or assigns of any Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to BorrowerBorrowers. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower Borrowers and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender ever receives, collects or applies, as interest due and payable under the Note, any sum in excess of the Maximum Rate, the amount of the excess shall be applied as a payment and reduction of the principal of the indebtedness represented by the Note; and if the principal of the indebtedness represented by the Note has been fully paid, any remaining excess shall forthwith be paid to Borrower. In determining whether or not interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-non- principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, Agreement or of the Note, or any other Loan Document Note shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in the Note or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (ai) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision Regardless of any provisions contained in this Agreement, the Term Note or in any of the other Sabre Documents, Sabre shall never be deemed to have contracted for or be entitled to receive, collect or apply as interest (whether termed interest in the Sabre Documents or deemed to be interest by judicial determination or operation of law) on the Term Note, or any other Loan Document shall require the payment or permit the collection of interest amount in excess of the maximum rate of interest permitted to be charged by applicable law (the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreementlaw, and, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender Sabre ever receives, collects or applies, applies as interest due and payable under the Noteany such excess, any sum in excess of the Maximum Rate, the such amount of the excess which would be excessive interest shall be applied deemed to be a partial prepayment of principal and treated hereunder as a payment and reduction of the principal of the indebtedness represented by the Note; and such, and, if the principal balance of the indebtedness represented by the Term Note has been fully paidis paid in full, any remaining excess shall forthwith be paid to BorrowerCompany. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Ratehighest lawful rate, Borrower Company, and Lender Sabre shall, to the maximum extent permitted by under applicable law, (ai) characterize any non-principal payment (other than payments which are expressly designated as 7 interest payments hereunder) as an expense, fee fee, or premium premium, rather than as interest, (bii) exclude voluntary prepayments and the effects effect thereof, and (ciii) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Term Note so that the interest for the entire term does not exceed the Maximum Raterate is uniform throughout such term.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection wit this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining deter- mining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender the Lenders ever receivesreceive, collects collect, or applies, apply as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the NoteNotes; and and, if the principal of the indebtedness represented by the Note Notes has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender the Lenders shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender any of the Agent, the Issuing Bank or the Banks ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Revolving Credit Notes, the Term Loan Notes or the Swing Line Note, as applicable; and and, if the principal of the indebtedness represented by Revolving Credit Notes, the Term Loan Notes and the Swing Line Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, the Borrower and Lender the Agent, the Issuing Bank and the Banks shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, ; and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Revolving Credit Notes, the Term Loan Notes and the Swing Line Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of --------------------- any other Loan Document Documents shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any other Loan Documents or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, guarantors, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. , In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No Anything to the contrary contained herein notwithstanding, no provision of this Agreement, the Note, or any other Loan Document Note shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law ("the "Maximum RateMAXIMUM RATE"). If interest in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, Note or otherwise in connection with the Loanloan transaction represented by this Note, or is adjudicated to be so provided, the provisions of this section paragraph shall govern and prevail prevail, and no Borrower or any guarantor shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances advances made under this the Loan Agreement. In the event Lender ever receives, collects or applies, as interest due and payable under the this Note, any sum in excess of the Maximum Rate, the amount of the excess shall be applied as a payment and reduction of the principal of the indebtedness represented by the this Note; and if the principal of the indebtedness represented by the this Note has been fully paid, any remaining excess shall forthwith be paid to BorrowerBorrowers. In determining whether or not interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness represented by the this Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the Note, Agreement or of any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum amount permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in any Loan Document or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither the Borrower nor the sureties, guarantors, successors, or assigns of the Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event any Lender or the Administrative Agent ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented by the Noteowing under this Agreement; and and, if the principal of the indebtedness represented by the Note owing has been fully paidpaid in full, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower the Borrower, the Administrative Agent, and each Lender shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee fee, or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note owing pursuant to this Agreement so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision of this Agreement, the any Note, or any other Loan Document shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum RateTHE MAXIMUM RATE"). If interest in excess of the Maximum Rate is provided for in this Agreement, any Note, in any other Loan Document, or otherwise in connection with the LoanCredit Facility, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and neither the Borrower nor any Guarantor shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender any Bank ever receives, collects or applies, as interest due and payable under the any Note, any sum in excess of the Maximum Rate, the amount of the excess shall be applied as a payment and reduction of the principal of the indebtedness Indebtedness represented by the that Note; and if the principal of the indebtedness Indebtedness represented by the that Note has been fully paid, any remaining excess shall forthwith be paid to the Borrower. In determining whether or not interest paid or payable exceeds the Maximum Rate, the Borrower and Lender the Banks shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness Indebtedness represented by the Note Notes so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision Regardless of any provisions contained in this Agreement, the Note, Agreement or in any other Loan Documents, the Bank shall never be deemed to have contracted for or be entitled to receive, collect or apply as interest (whether termed interest in the Loan Documents or deemed to be interest by judicial determination or operation of law) on any Loan, any amount in excess of the maximum rate of interest permitted to be charged by applicable law, and if any provision of any Loan Document shall be interpreted to require the payment or permit the collection of interest in excess of the maximum permitted rate allowed by applicable law (law, then such provision shall automatically be deemed amended to provide that the "Maximum Rate")amount of interest payable shall be reduced so that the rate of interest is equal to the maximum rate allowed by law. If interest in excess of the Maximum Rate is provided for in this Agreement, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender Bank ever receives, collects or applies, applies as interest due and payable under the Note, any sum amount in excess of the Maximum Ratemaximum amount permitted by law, the amount of the such excess shall be applied deemed to be a partial prepayment of principal and treated hereunder as a payment and reduction of the principal of the indebtedness represented by the Note; and such, and, if the principal balance of the indebtedness represented by the Note applicable obligation has been fully paidor is thereby paid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Ratehighest lawful rate, Borrower and Lender Bank shall, to the maximum extent permitted by under applicable law, (ai) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee fee, or premium premium, rather than as interest, (bii) exclude voluntary prepayments and the effects effect thereof, and (ciii) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note applicable obligation so that the interest for the entire term does not exceed the Maximum Raterate is uniform throughout such term.

Maximum Interest Rate. No provision of this Agreement, Agreement or of the Note, or any other Loan Document Note shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law (the "Maximum Rate")law. If any excess of interest in excess of the Maximum Rate such respect is hereby provided for in this Agreement, in any other Loan Documentfor, or otherwise in connection with the Loan, or is shall be adjudicated to be so provided, in the Note or otherwise in connection with this loan transaction, the provisions of this section Section shall govern and prevail and neither Borrower nor the sureties, successors, or assigns of Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreementsums loaned pursuant hereto. In the event Lender ever receives, collects collects, or applies, applies as interest due and payable under the Noteany such sum, any sum such amount which would be in excess of the Maximum Rate, the maximum amount of the excess permitted by applicable law shall be applied as a payment and reduction of the principal of the indebtedness represented evidenced by the Note; and and, if the principal of the indebtedness represented by the Note has been fully paidpaid in full, any remaining excess shall forthwith be paid to Borrower. In determining whether or not the interest paid or payable exceeds the Maximum Rate, Borrower and Lender shall, to the extent permitted by applicable law, (ai) characterize any non-non principal payment as an expense, fee fee, or premium rather than as interest, (bii) exclude voluntary prepayments and the effects thereof, and (ciii) amortize, prorate, allocate allocate, and spread, spread in equal or unequal parts, parts the total amount of interest throughout the entire contemplated term of the indebtedness represented evidenced by the Note so that interest for the entire term does not exceed the Maximum Rate.

Maximum Interest Rate. No provision Notwithstanding anything contained in this Deed of this AgreementTrust or in any of the Loan Documents to the contrary, Beneficiary shall never be deemed to have contracted for or be entitled to receive, collect or apply as interest on the NoteSecured Indebtedness, or any other Loan Document shall require the payment or permit the collection of interest amount in excess of the maximum amount permitted by applicable law (and calculated at the "Maximum Rate"). If interest in excess of the Maximum Rate is provided for in this Agreementhighest lawful rate, and, in any other Loan Document, or otherwise in connection with the Loan, or is adjudicated to be so provided, the provisions of this section shall govern and prevail and Borrower shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of Advances made under this Agreement. In the event Lender Beneficiary ever receives, collects or applies, applies as interest due and payable under the Note, any sum amount in excess of the Maximum Rateamount permitted and calculated at the highest lawful rate, the such amount of the excess which would be excessive interest shall be applied as a payment and to the reduction of the unpaid principal balance of the indebtedness represented by the Note; and Secured Indebtedness, and, if the principal balance of the indebtedness represented by the Note has been fully paidSecured Indebtedness is paid in full, any remaining excess shall forthwith be paid to BorrowerGrantor. In determining whether or not the interest paid or payable under any specific contingency exceeds the Maximum Rateamount of interest permitted and calculated at the highest lawful rate, Borrower Grantor and Lender Beneficiary shall, to the maximum extent permitted by under applicable law, (aA) characterize any non-principal payment (other than payments which are expressly designated as interest payments hereunder) as an expense, fee fee, or premium premium, rather than as interest, (bB) exclude voluntary prepayments and the effects effect thereof, and (cC) amortize, prorate, allocate and spread, in equal or unequal parts, spread the total amount of interest throughout the entire contemplated term of the indebtedness represented by the Note so that interest for the entire term does not exceed the Maximum RateSecured Indebtedness.