Calculation Errors. Each calculation by the Administrative Agent or any Lender with respect to amounts owing or to be owing by the Company pursuant to this Agreement or any Loan or Letter of Credit shall be conclusive except in the case of error. In the event the Administrative Agent determines in good faith within a reasonable time that any such error shall have occurred in connection with the determination of the applicable interest rate for any Loan or Letter of Credit which results in the Company paying either more or less than the amount which would have been due and payable but for such error, then (i) any Lender that received an overpayment shall promptly refund such overpayment to the Company and (ii) if any Lender received an underpayment, the Company shall promptly pay to such Lender the amount of such underpayment. In the event it is determined within a reasonable time that any Lender, acting through the Administrative Agent, has miscalculated any amount for which it has demanded reimbursement or compensation from the Company in respect of amounts owing by the Company other than interest which results in the Company paying more or less than the amount which would have been due and payable but for such error, such Lender or the Company, as the case may be, shall promptly refund or pay, as the case may be, to the other the full amount of such overpayment or underpayment. In the event it is determined within a reasonable time that the Company has miscalculated the Commitment Fees due under Section 4.03, which results in the Company paying more or less than the amount which would have been due and payable but for such error, (x) any Lender that received an overpayment shall promptly refund such overpayment to the Company and (y) if any Lender received an underpayment, the Company shall promptly pay to such Lender the amount of such underpayment. Any party making a request for payment pursuant to this Section 2.02(g) shall provide with such request a statement in reasonable detail showing the calculation of the amount requested.
Appears in 3 contracts
Samples: Credit Agreement (Cox Enterprises Inc Et Al), Credit Agreement (Cox Radio Inc), Five Year Credit Agreement (Cox Communications Inc /De/)
Calculation Errors. Each calculation by the Administrative Agent or any Lender Bank with respect to amounts owing or to be owing by the Company pursuant to this Agreement or any Loan or Letter of Credit shall be conclusive except in the case of error. In the event the Administrative Agent determines in good faith within a reasonable time that any such error shall have occurred in connection with the determination of the applicable interest rate for any Loan or Letter of Credit which results in the Company paying either more or less than the amount which would have been due and payable but for such error, then (i) any Lender Bank that received an overpayment or underpayment or (ii) the Company, as the case may be, shall promptly refund or pay, as the case may be, to the other any such overpayment to the Company and (ii) if any Lender received an underpayment, the Company shall promptly pay to such Lender the amount of such or underpayment. In the event it is determined within a reasonable time that any LenderBank, acting through the Administrative Agent, has miscalculated any amount for which it has demanded reimbursement or compensation from the Company in respect of amounts owing by the Company other than interest which results in the Company paying more or less than the amount which would have been due and payable but for such error, such Lender Bank or the Company, as the case may be, shall promptly refund or pay, as the case may be, to the other the full amount of such overpayment or underpayment. In the event it is determined within a reasonable time that the Company has miscalculated the Commitment Fees or the Utilization Fee due under Section 4.03, 4.01 which results in the Company paying more or less than the amount which would have been due and payable but for such error, (xy) any Lender Bank that received an overpayment or underpayment or (z) the Company, as the case may be, shall promptly refund such overpayment to or pay, as the Company and (y) if any Lender received an underpaymentcase may be, the Company shall promptly pay to such Lender the full amount of such the overpayment or underpayment. Any party making a request for payment pursuant to this Section 2.02(g) shall provide with such request a statement in reasonable detail showing the calculation of the amount requested.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Cox Communications Inc /De/), Credit Agreement (Cox Communications Inc /De/)
Calculation Errors. Each calculation by the Administrative Agent or any Lender with respect to amounts owing or to be owing by the Company pursuant to this Agreement or any Loan or Letter of Credit shall be conclusive except in the case of error. In the event the Administrative Agent determines in good faith within a reasonable time that any such error shall have occurred in connection with the determination of the applicable interest rate for any Loan or Letter of Credit which results in the Company paying either more or less than the amount which would have been due and payable but for such error, then (i) any Lender that received an overpayment shall promptly refund such overpayment to the Company and (ii) if any Lender received an underpayment, the Company shall promptly pay to such Lender the amount of such underpayment. In the event it is determined within a reasonable time that any Lender, acting through the Administrative Agent, has miscalculated any amount for which it has demanded reimbursement or compensation from the Company in respect of amounts owing by the Company other than interest which results in the Company paying more or less than the amount which would have been due and payable but for such error, such Lender or the Company, as the case may be, shall promptly refund or pay, as the case may be, to the other the full amount of such overpayment or underpayment. In the event it is determined within a reasonable time that the Company has miscalculated the Commitment Fees due under Section 4.03, which results in the Company paying more or less than the amount which would have been due and payable but for such error, (x) any Lender that received an overpayment shall promptly refund such overpayment to the Company and (y) if any Lender received an underpayment, the Company shall promptly pay to such Lender the amount of such underpayment. Any party making a request for payment pursuant to this Section 2.02(g2.01(i) shall provide with such request a statement in reasonable detail showing the calculation of the amount requested.
Appears in 2 contracts
Samples: Credit Agreement (Cox Radio Inc), Credit Agreement (Cox Communications Inc /De/)
Calculation Errors. Each calculation by the Administrative Agent or any Lender Bank with respect to amounts owing or to be owing by the Company pursuant to this Agreement or any Loan or Letter of Credit shall be conclusive except in the case of error. In the event the Administrative Agent determines in good faith within a reasonable time that any such error shall have occurred in connection with the determination of the applicable interest rate for any Loan or Letter of Credit which results in the Company paying either more or less than the amount which would have been due and payable but for such error, then (i) any Lender Bank that received an overpayment or underpayment or (ii) the Company, as the case may be, shall promptly refund or pay, as the case may be, to the other any such overpayment to the Company and (ii) if any Lender received an underpayment, the Company shall promptly pay to such Lender the amount of such or underpayment. In the event it is determined within a reasonable time that any LenderBank, acting through the Administrative Agent, has miscalculated any amount for which it has demanded reimbursement or compensation from the Company in respect of amounts owing by the Company other than interest which results in the Company paying more or less than the amount which would have been due and payable but for such error, such Lender Bank or the Company, as the case may be, shall promptly refund or pay, as the case may be, to the other the full amount of such overpayment or underpayment. In the event it is determined within a reasonable time that the Company has miscalculated the Commitment Fees due under Section 4.03, 4.02 which results in the Company paying more or less than the amount which would have been due and payable but for such error, (xy) any Lender Bank that received an overpayment or underpayment or (z) the Company, as the case may be, shall promptly refund such overpayment to or pay, as the Company and (y) if any Lender received an underpaymentcase may be, the Company shall promptly pay to such Lender the full amount of such the overpayment or underpayment. Any party making a request for payment pursuant to this Section 2.02(g) shall provide with such request a statement in reasonable detail showing the calculation of the amount requested.
Appears in 1 contract
Samples: Credit Agreement (Cox Radio Inc)
Calculation Errors. Each calculation by the Administrative Agent or any Lender Bank with respect to amounts owing or to be owing by the Company pursuant to this Agreement or any Loan or Letter of Credit shall be conclusive except in the case of error. In the event the Administrative Agent determines in good faith within a reasonable time that any such error shall have occurred in connection with the determination of the applicable interest rate for any Loan or Letter of Credit which results in the Company paying either more or less than the amount which would have been due and payable but for such error, then (i) any Lender Bank that received an overpayment shall promptly refund such overpayment to the Company and (ii) if any Lender Bank received an underpayment, the Company shall promptly pay to such Lender Bank the amount of such underpayment. In the event it is determined within a reasonable time that any LenderBank, acting through the Administrative Agent, has miscalculated any amount for which it has demanded reimbursement or compensation from the Company in respect of amounts owing by the Company (other than interest interest) which results in the Company paying more or less than the amount which would have been due and payable but for such error, such Lender Bank or the Company, as the case may be, shall promptly refund or pay, as the case may be, to the other the full amount of such overpayment or underpayment. In the event it is determined within a reasonable time that the Company has miscalculated the Commitment Fees due under Section 4.03, 4.02 which results in the Company paying more or less than the amount which would have been due and payable but for such error, (x) any Lender Bank that received an overpayment shall promptly refund such overpayment to the Company and (y) if any Lender Bank received an underpayment, the Company shall promptly pay to such Lender Bank the amount of such underpayment. Any party making a request for payment pursuant to this Section 2.02(g) shall provide with such request a statement in reasonable detail showing the calculation of the amount requested.
Appears in 1 contract
Samples: Credit Agreement (Cox Radio Inc)
Calculation Errors. Each calculation by the Administrative Agent or any Lender with respect to amounts owing or to be owing by the Company pursuant to this Agreement or any Loan or Letter of Credit shall be conclusive except in the case of error. In the event the Administrative Agent determines in good faith within a reasonable time that any such error shall have occurred in connection with the determination of the applicable interest rate for any Loan or Letter of Credit which results in the Company paying either more or less than the amount which would have been due and payable but for such error, then (i) any Lender that received an overpayment shall promptly refund such overpayment to the Company and (ii) if any Lender received an underpayment, the Company shall promptly pay to such Lender the amount of such underpayment. In the event it is determined within a reasonable time that any Lender, acting through the Administrative Agent, has miscalculated any amount for which it has demanded reimbursement or compensation from the Company in respect of amounts owing by the Company other than interest which results in the Company paying more or less than the amount which would have been due and payable but for such error, such Lender or the Company, as the case may be, shall promptly refund or pay, as the case may be, to the other the full amount of such overpayment or underpayment. In the event it is determined within a reasonable time that the Company has miscalculated the Commitment Fees due under Section 4.03, which results in the Company paying more or less than the amount which would have been due and payable but for such error, (x) any Lender that received an overpayment shall promptly refund such overpayment to the Company and (y) if any Lender received an underpayment, the Company shall promptly pay to such Lender the amount of such underpayment. Any party making a request for payment pursuant to this Section 2.02(g) shall provide with such request a statement in reasonable detail showing the calculation of the amount requested.
Appears in 1 contract