Certificate, Etc. If requested by the Borrower, in connection with any demand for payment pursuant to this Section 4.04, a Lender shall provide to the 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 such Lender, the computations made by such Lender to determine such amount and satisfaction of the conditions set forth in the next sentence. Anything to the contrary herein notwithstanding, no Lender shall have the right to demand any payment or compensation under this Section 4.04 (i) with respect to any period more than 90 days prior to the date it has made a demand pursuant to this Section 4.04 or (ii) to the extent that 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 the amount required to be paid.
Appears in 3 contracts
Samples: Credit Agreement (Apogee Enterprises Inc), Credit Agreement (Apogee Enterprises Inc), Credit Agreement (Apogee Enterprises Inc)
Certificate, Etc. If requested by the Borrower, in connection with any demand for payment pursuant to this Section 4.044.03, a the Lender shall provide to the 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 such the Lender, the computations made by such the Lender to determine such amount and satisfaction of the conditions set forth in the next sentence. Anything to the contrary herein notwithstanding, no the Lender shall not have the right to demand any payment or compensation under this Section 4.04 4.03, (i) with respect to any period more than 90 days prior to the date it has made a demand pursuant to this Section 4.04 4.03 or (ii) to the extent that such the Lender determines in good faith that the interest rate or margin on the Loan or relevant Loans portion thereof 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