SEC Filings

10-12G
AMSURG CORP filed this Form 10-12G on 03/11/1997
Entire Document
 
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         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 interest permitted by
         law. In case of suit, or if this obligation is placed in an attorney's
         hands for collection, or to protect the security for its payment, the
         undersigned will pay all costs of collection and litigation, including
         a reasonable attorney's fee.

                 In the event that there occurs any breach of any promise made
         in this Note and such breach continues for longer than fifteen (15)
         days, or upon the occurrence of an Event of Default as defined in the
         Loan Agreement, then, during the continuance of any of such events, at
         the option of the holder, the entire indebtedness hereby evidenced
         shall become due, payable and collectible then or thereafter, without
         notice, as the holder may elect regardless of the date of maturity.
         The holder may waive any default before or after the same has been
         declared and restore this Note to full force and effect without
         impairing any rights hereunder, such right of waiver being a
         continuing one.

                 The makers, endorsers, guarantors and all parties to this Note
         and all who may become liable for same, jointly and severally waive
         presentment for payment, protest, notice of protest, notice of
         nonpayment of this Note, demand and all legal diligence in enforcing
         collection, and hereby expressly agree that the lawful owner or holder
         of this Note may defer or postpone collection of the whole or any part
         thereof, either principal and/or interest, or may extend or renew the
         whole or any part thereof, either principal and/or interest, or may
         accept additional collateral or security for the





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