Common use of Maximum Rate Clause in Contracts

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall at the Administrative Agent's option promptly refund to the Borrower any interest received by Lenders in excess of the maximum lawful rate or shall apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders Lender shall at the Administrative Agent's its option (i) promptly refund to the Borrower any interest received by Lenders the Lender in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender shall not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law applicable law and the Lenders shall at the Administrative Agent's ’s option (i) promptly refund to the Borrower Borrowers any interest received by the Lenders in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower Borrowers under Applicable Lawapplicable law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder charged or collected pursuant to under any of the terms of this Agreement Notes exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have contracted for, charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall at the Administrative Agent's option promptly refund to the Borrower any interest received by Lenders in excess of the maximum lawful rate or shall apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender charge, receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of the maximum non-usurious rate that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder charged or collected pursuant to the terms of this Agreement or any Loan Document exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall shall, at the Administrative Agent's option ’s option, (i) promptly refund to the Borrower Borrowers any interest received by Lenders in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower Borrowers under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders Banks have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law applicable law and the Lenders shall Banks shall, at the Administrative Agent's option Borrower’s option, (i) promptly refund to the Borrower any interest received by Lenders the Banks in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the ObligationsLoans on a pro rata basis. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender Bank receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Lawapplicable law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall at the Administrative Agent's ’s option (i) promptly refund to the Borrower any interest received by the Lenders in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall at the Administrative Agent's ’s option (i) promptly refund to the Borrower any interest received by the Lenders in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall will the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shallwill, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall will automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall Lender will at the Administrative Agent's its option (i) promptly refund to the Borrower any interest received by Lenders the Lender in excess of the maximum lawful rate rate, or shall (ii) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall at the Administrative Agent's ’s option (i) promptly refund to the Borrower Borrowers any interest received by the Lenders in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower Borrowers under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have Lender has charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders Lender shall at the Administrative Agent's Lender’s option (i) promptly refund to the Borrower any interest received by Lenders the Lender in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender shall not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall at the Administrative Agent's ’s option (i) promptly refund to the Borrower any interest received by the Lenders in excess of the maximum lawful rate Maximum Rate or (ii) shall apply such excess to the principal balance of the ObligationsObligations on a pro rata basis. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder charged or collected pursuant to under any of the terms of this Agreement Notes exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have contracted for, charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall at the Administrative Agent's option promptly refund to the Borrower any interest received by Lenders in excess of the maximum lawful rate or shall apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Disbursing Agent nor any Lender charge, receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of the maximum non-usurious rate that which may be paid by the Borrower under Applicable Law.

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders Banks have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law applicable law and the Lenders shall Banks shall, at the Administrative AgentBorrower's option option, (i) promptly refund to the Borrower any interest received by Lenders the Banks in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the ObligationsLoans on a pro rata basis. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender Bank receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Lawapplicable law. Fees .

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law applicable law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law applicable law and the Lenders shall at the Administrative Agent's ’s option (i) promptly refund to the Borrower Borrowers any interest received by the Lenders in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower Borrowers not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower Borrowers under Applicable Law.applicable law. Exhibit 10.1

Maximum Rate. In no contingency or event whatsoever shall the aggregate of all amounts deemed interest hereunder under this Agreement charged or collected pursuant to the terms of this Agreement exceed the highest rate permissible under any Applicable Law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines that the Lenders have charged or received interest hereunder in excess of the highest applicable rate, the rate in effect hereunder shall automatically be reduced to the maximum rate permitted by Applicable Law and the Lenders shall at the Administrative Agent's ’s option (i) promptly refund to the Borrower any interest received by the Lenders in excess of the maximum lawful rate or shall (ii) apply such excess to the principal balance of the Obligations. It is the intent hereof that the Borrower not pay or contract to pay, and that neither the Administrative Agent nor any Lender receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by the Borrower under Applicable Law.. SECTION 5.2