SEC Filings

10-12G
AMSURG CORP filed this Form 10-12G on 03/11/1997
Entire Document
 
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         under this Note shall be evidenced by such documentation as required
         by Article II of the Loan Agreement.

                 Advances under this Note shall be made pursuant to the
         procedure specified in the Loan Agreement.

                 This Note shall be repaid as required by Article II of the
         Loan Agreement.

                 This Note is subject to the terms of the Loan Agreement.

                 Notwithstanding any provision to the contrary, it is the
         intent of the Lender, the Borrower, and all parties liable on this
         Note, that neither the Lender nor any subsequent holder shall be
         entitled to receive, collect, reserve or apply, as interest, any
         amount in excess of the maximum lawful rate of interest permitted to
         be charged by applicable law or regulations, as amended or enacted
         from time to time. In the event the Note calls for an interest payment
         that exceeds the maximum lawful rate of interest then applicable, such
         interest shall not be received, collected, charged, or reserved until
         such time as that interest, together with all other interest then
         payable, falls within the then applicable maximum lawful rate of
         interest. In the event the Lender, or any subsequent holder, receives
         any such interest in excess of the then maximum lawful rate of
         interest, such amount which would be excessive interest shall be
         deemed a partial prepayment of principal and treated hereunder as
         such, or, if the principal indebtedness evidenced hereby is paid in
         full, any remaining excess funds shall immediately be paid to the
         Borrower. In determining whether or not the interest paid or payable,
         under any specific contingency, exceeds the maximum lawful rate of
         interest, the Borrower and the Lender shall, to the maximum extent
         permitted under applicable law, (a) exclude voluntary prepayments and
         the effects thereof, and (b) amortize, prorate, allocate, and spread,
         in equal parts, the total amount of interest throughout the entire
         term of the indebtedness; provided that if the indebtedness is paid in
         full prior to the end of the full contemplated term hereof, and if the
         interest received for the actual period of existence hereof exceeds
         the maximum lawful rate of interest, the holder of the Note shall
         refund to the Borrower the amount of such excess or credit the amount
         of such excess against the principal portion of the indebtedness as of
         the date it was received, and, in such event, the Lender shall not be
         subject to any penalties provided by any laws for contracting for,
         charging, reserving, collecting or receiving interest in excess of the
         maximum lawful rate of interest.

                 Principal and unpaid interest bear interest during the
         continuance of any default in payment of principal and interest as
         herein provided at the maximum lawful rate of





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