Calculations in Respect of the Securities. The Company or its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification.
Appears in 11 contracts
Samples: Indenture (Adc Telecommunications Inc), Indenture (Komag Inc /De/), Indenture (Adc Telecommunications Inc)
Calculations in Respect of the Securities. The Company or its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification.
Appears in 7 contracts
Samples: Indenture (Cheniere Energy Inc), Indenture (Skyworks Solutions Inc), Purchase Agreement (C&d Technologies Inc)
Calculations in Respect of the Securities. The Company or and its agents (including, without limitation, the Bid Solicitation Agent) shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and and, absent such manifest error, the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification.
Appears in 5 contracts
Samples: Indenture (Arris Group Inc), Health Care Reit Inc /De/, Arris Group Inc
Calculations in Respect of the Securities. The Company or and its agents (including, without limitation, the Bid Solicitation Agent) shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and and, absent such manifest error, the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification.
Appears in 4 contracts
Samples: Indenture (Jefferies Group Capital Finance Inc.), First Supplemental Indenture (Jefferies Group Inc /De/), Indenture (Unisource Energy Corp)
Calculations in Respect of the Securities. The Company or its Obligors and their agents shall make all calculations under this the Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents Obligors shall provide a copy of such calculations to the Trustee as required hereunder, and the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification.
Appears in 3 contracts
Samples: Valeant Pharmaceuticals International, Inc., Valeant Pharmaceuticals International, Ribapharm Inc
Calculations in Respect of the Securities. The Company or its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and and, absent contrary written notice by the Company to the Trustee, the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification.
Appears in 3 contracts
Samples: Indenture (Toreador Resources Corp), Midway Games Inc, Toreador Resources Corp
Calculations in Respect of the Securities. The Company or and its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and and, absent such manifest error, the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification. The Trustee shall not be responsible for making any calculations required by the Indenture.
Appears in 3 contracts
Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Genta Inc De/
Calculations in Respect of the Securities. The Company or and its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and and, absent such manifest error, the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification.
Appears in 3 contracts
Samples: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc), Certain Registration Rights Agreement (Terremark Worldwide Inc)
Calculations in Respect of the Securities. The Company or its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification.
Appears in 3 contracts
Samples: Rambus Inc, Indenture (Rambus Inc), Rambus Inc
Calculations in Respect of the Securities. The Company or and its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee and the Conversion Agent as required hereunder, and and, absent such manifest error, the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification. The Trustee will forward such calculations to any Holder upon request of the Holder.
Appears in 2 contracts
Samples: Indenture (Charys Holding Co Inc), Indenture (Medis Technologies LTD)
Calculations in Respect of the Securities. The Company or its agents shall make all calculations under this the Indenture and the Securities in good faith, and the Trustee shall have no duties in respect of such calculations. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification.
Appears in 2 contracts
Samples: Supplemental Indenture (Airtran Holdings Inc), First Supplemental Indenture (Airtran Holdings Inc)
Calculations in Respect of the Securities. The Company or and its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and and, absent such manifest error, the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification.. [The Remainder of This Page Intentionally Left Blank; Signature Page Follows]
Appears in 1 contract
Samples: Supplemental Indenture (Five Star Quality Care Inc)
Calculations in Respect of the Securities. The Company or and its agents shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on all Holders. The Company or its agents shall provide a copy of such calculations to the Trustee as required hereunder, and and, absent such manifest error, the Trustee shall be entitled to rely on the accuracy of any such calculation without independent verification.
Appears in 1 contract
Samples: Indenture (SFBC International Inc)
