Agent (for itself and not on behalf of each Lender) hereby notifies the Parties that pursuant to the requirements of the Patriot Act, it is required to obtain, verify and record information that identifies the Parties, which information includes the name and address of each of the Credit Parties and other information that will allow Agent to identify the Parties in accordance with the Patriot Act.
It is expressly stipulated and agreed to be the intent of Lender and Guarantor to, at all time, conform to and contract in strict compliance with applicable usury law from time to time in effect. All agreements between Lender and Guarantor, including, without limitation, this Guaranty and other Loan Documents to which the Guarantor is a party, are hereby limited to the provision of this Section which shall override and control all such agreements, whiter now existing or hereafter arising and whether written or oral (however, reference to the term "oral" shall not oral agreements). In no way, nor in any event or contingency (including, but not limited to, prepayment, default, demand for payment or acceleration of maturity), shall the interest taken, reserved, contract for, charged, chargeable, received or collected under this Agreement or any other Loan Document to which Guarantor is a party exceed the maximum nonusurious amount permitted by applicable law (the "Maximum Amount"). If, from any possible construction of any agreement, document or instrument (including without limitation, this Agreement or any other Loan Document to which Guarantor is a party, interest would other wise be payable in excess of, or is adjudicated to be payable in excess of, the Maximum Amount, any such construction shall be subject to the provisions of this Section, and ipso facto, such agreement, document or instrument shall be reformed and the interest payable shall be reduced to the Maximum Amount, without the necessity of execution of any amendment or new document. If Lender shall ever receive anything of value that is characterized as interest under applicable law and that would apart from this provision be in excess of the Maximum Amount, an amount equal to the amount that would have been excessive interest shall, without penalty, be applied to any other amounts due and payable under any Loan Document to which Guarantor is a party, and not to the payment of interest, or promptly refunded to Guarantor or the other payor thereof if and to the extent such amounts that would have been excessive exceeds such unpaid principal amount or such other amounts. The right to accelerate any interest that has not otherwise accrued on the date of such acceleration, and Lender does not intend to take, reserve, contract for, charge, receive or collect any unearned interest in the event of acceleration. All interest paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term (including any renewal or extension) of the indebtedness to which it relates so that the amount of interest thereof does not exceed the Maximum Amount. As used in this Section, the term "applicable law" shall mean the applicable laws of the State of [STATE] or the federal laws of the United States, whichever law allow the greater interest, as such laws now exist or may be changed or amended or come into effect in the future be construed to modify or negate any provisions hereof regarding the absence or ineffectiveness of.