Common use of Certificate Conclusive and Binding Clause in Contracts

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender may certify or determine an amount or rate payable by the Borrower, a certificate by the Lender as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be).

Appears in 2 contracts

Samples: Loan Agreement (Sina Com), Loan Agreement (Sina Com)

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Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender Lenders may certify or determine an amount or rate payable by the Borrower, a certificate by the Lender Lenders as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 2 contracts

Samples: Credit Facility Agreement (Dycom Industries Inc), Credit Facility Agreement (Dycom Industries Inc)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender may certify or determine an amount or rate payable by the Borrower, a certificate by the Lender as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 2 contracts

Samples: Loan Agreement (Q&K INTERNATIONAL GROUP LTD), Subordinated Loan Agreement (Harvest Natural Resources Inc)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender may certify or determine an amount or rate payable by the BorrowerBorrowers, a certificate by the Lender as to such amount or rate shall be conclusive and binding on the Borrower Borrowers in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 1 contract

Samples: Loan Agreement (Mindray Medical International LTD)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender may certify or determine an amount or rate payable by the Borrower, a certificate by the Lender (signed by any of its officers) as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 1 contract

Samples: Loan Agreement (Fritz Companies Inc)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that a Lender or the Lender Agent may certify or determine an amount or rate payable by the Borrower, a certificate by such Lender or the Lender Agent as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 1 contract

Samples: Revolving Credit Facility (Zindart LTD)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender may certify or determine an amount or rate payable by the Borrower, a certificate by the Lender with supporting evidence as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 1 contract

Samples: Facility Agreement (Focus Media Holding LTD)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender Lenders may certify or determine an amount or rate payable by the Borrower, a certificate by the Lender Lenders as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 1 contract

Samples: Credit Facility Agreement (Dycom Industries Inc)

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Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender or Agent may certify or determine an amount or rate payable by the Borrower, a certificate by the Lender or Agent as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 1 contract

Samples: Loan Agreement (Amkor Technology Inc)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the a Lender or Agent may certify or determine an amount or rate payable by the Borrower, a certificate by the such Lender or Agent as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 1 contract

Samples: Loan Agreement (Hanwha Q CELLS Co., Ltd.)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender may certify or determine an amount or rate payable by the Borrower, a certificate debit note to be issued by the Lender as to such amount or rate shall be conclusive and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be)error.

Appears in 1 contract

Samples: Loan Agreement (Grand Toys International LTD)

Certificate Conclusive and Binding. Where any provision of this Agreement provides that the Lender may certify or determine an amount or rate payable by the Borrower, a certificate A Certificate signed by the Lender as to such certifying the total amount or rate shall due at any time under this Agreement shall, in the absence of any manifest error, be conclusive of the amount so certified as payable and binding on the Borrower in the absence of fraud or manifest error save that, if requested in writing to do so by the Borrower, the Lender shall provide evidence satisfactory to the Borrower (acting reasonably) as to the method of calculation of such amount or rate (as the case may be).

Appears in 1 contract

Samples: Cooperation Agreement (Pacific Internet LTD)

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