Certificate, Etc. If requested by the Borrower, in connection with any demand for payment pursuant to this Section 4.3, the Lender shall provide to the Borrower a certificate setting forth in reasonable detail the basis for such demand, the amount required to be paid by the Borrower to the Lender, the computations made by the Lender to determine such amount and satisfaction of the conditions set forth in the next sentence. Anything to the contrary herein notwithstanding, the Lender shall not have the right to demand any payment or compensation under this Section 4.3 (i) with respect to any period more than 180 days prior to the date it has made a demand pursuant to this Section 4.3, and (ii) to the extent that the Lender determines in good faith that the interest rate on the relevant Loans appropriately accounts for any increased cost or reduced rate of return. In the absence of manifest error, the certificate referred to above shall be conclusive as to the amount required to be paid.
Appears in 7 contracts
Samples: Credit Agreement (Reckson Services Industries Inc), Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Services Industries Inc)
Certificate, Etc. If requested by the Borrower, in connection with any demand for payment pursuant to this Section 4.34.03, the Lender shall provide to the Borrower a certificate setting forth in reasonable detail the basis for such demand, the amount required to be paid by the Borrower to the Lender, the computations made by the Lender to determine such amount and satisfaction of the conditions set forth in the next sentence. Anything to the contrary herein notwithstanding, the Lender shall not have the right to demand any payment or compensation under this Section 4.3 4.03 (i) with respect to any period more than 180 days prior to the date it has made a demand pursuant to this Section 4.34.03, and (ii) to the extent that the Lender determines in good faith that the interest rate on the relevant Loans appropriately accounts for any increased cost or reduced rate of return. In the absence of manifest error, the certificate referred to above shall be conclusive as to the amount required to be paid.
Appears in 2 contracts
Samples: Credit Agreement (Vornado Operating Co), Credit Agreement (Vornado Operating Inc)
Certificate, Etc. If requested by the Borrower, in connection with any demand for payment pursuant to this Section 4.3, the Lender shall provide to the Borrower a certificate 10 setting forth in reasonable detail the basis for such demand, the amount required to be paid by the Borrower to the Lender, the computations made by the Lender to determine such amount and satisfaction of the conditions set forth in the next sentence. Anything to the contrary herein notwithstanding, the Lender shall not have the right to demand any payment or compensation under this Section 4.3 (i) with respect to any period more than 180 days prior to the date it has made a demand pursuant to this Section 4.3, and (ii) to the extent that the Lender determines in good faith that the interest rate on the relevant Loans appropriately accounts for any increased cost or reduced rate of return. In the absence of manifest error, the certificate referred to above shall be conclusive as to the amount required to be paid.
Appears in 1 contract
Certificate, Etc. If requested by the Borrower, in In connection with any demand for payment pursuant to this Section 4.34.04, the a Lender shall provide to the Borrower Borrower, with a copy to the Administrative Agent, a certificate setting forth in reasonable detail the basis for such demand, the amount required to be paid by the Borrower to the such Lender, the computations made by the such Lender to determine such amount and satisfaction of the conditions set forth in the next sentence. Anything to the contrary herein notwithstanding, the no Lender shall not have the right to demand any payment or compensation under this Section 4.3 4.04 (i) with respect to any period more than 180 90 days prior to the date it has made a demand pursuant to this Section 4.3, and 4.04 or (ii) to the extent that the such Lender determines in good faith that the interest rate or margin on the relevant Loans appropriately accounts for any increased cost or reduced rate of return. In the absence of manifest error, the certificate referred to above shall be conclusive as to prima facie evidence of the amount required to be paid.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Winstar Communications Inc)