Common use of Certificates and determinations Clause in Contracts

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 88 contracts

Samples: Uncommitted Borrowing Base Facility Agreement (Hafnia LTD), Facility Agreement (Daqo New Energy Corp.), Term Loan Facility (Seanergy Maritime Holdings Corp.)

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Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Document this Agreement is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 25 contracts

Samples: Facility Agreement (Car Tech, LLC), Loan Facility Agreement, Facility Agreement (Xunlei LTD)

Certificates and determinations. Any certification or determination by the Lender Agent of a rate or amount under any Finance Document is, in the absence of manifest or proven error, conclusive evidence of the matters to which it relates.

Appears in 16 contracts

Samples: Debenture Deed, Debenture Deed, Debenture Deed

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any the Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 15 contracts

Samples: Facility Agreement (SK Ecoplant Co., Ltd.), Facility Agreement (SK Ecoplant Co., Ltd.), Facility Agreement

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.

Appears in 14 contracts

Samples: Amendment and Restatement Agreement (Sedibelo Platinum Mines LTD), Revolving Credit Facility Agreement (Karooooo Ltd.), Revolving Credit Facility Agreement (Lesaka Technologies Inc)

Certificates and determinations. Any certification or determination by the Lender Bank of a rate or amount under any Finance Transaction Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Master Accounts Receivable Purchase Agreement (Scotts Miracle-Gro Co), Master Accounts Receivable Purchase Agreement (Scotts Miracle-Gro Co), Master Accounts Receivable Purchase Agreement (Scotts Miracle-Gro Co)

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any the Finance Document Documents is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Loan Agreement (Kenon Holdings Ltd.), Additional Undertaking Agreement (Kenon Holdings Ltd.), Loan Agreement (Kenon Holdings Ltd.)

Certificates and determinations. Any certification or determination by the Lender a Holder of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Note Purchase Agreement, Subscription Agreement (Radius Global Infrastructure, Inc.), Subscription Agreement (Radius Global Infrastructure, Inc.)

Certificates and determinations. Any certification or determination by the Lender of a rate or amount or quantity under any Finance Document the Transaction Documents is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Facility Agreement (Gran Tierra Energy Inc.), Term Loan Facility Agreement (Gran Tierra Energy Inc.), Term Loan Facility Agreement

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Loan Agreement (Umami Sustainable Seafood Inc.), Loan Agreement (Umami Sustainable Seafood Inc.), Loan Agreement (Umami Sustainable Seafood Inc.)

Certificates and determinations. Any certification or determination by the Lender Issuing Bank of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Letter of Credit Facility Agreement (Tower Group International, Ltd.), Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD), Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD)

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Document this Deed is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Asset Security Agreement (SAVVIS, Inc.), Deed of Subordination (Net 1 Ueps Technologies Inc), Charge Over Deposits (Net 1 Ueps Technologies Inc)

Certificates and determinations. Any certification or determination by the Lender Borrower of a rate or amount under any Finance Document this Agreement is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Fixed Rate Convertible Shareholder Loan Facility, Fixed Rate Convertible Shareholder Loan Facility, Fixed Rate Convertible Shareholder Loan Facility

Certificates and determinations. Any certification or determination by the Lender Lessor of a rate or amount under any Finance Lease Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 2 contracts

Samples: Finance Lease Agreement, Operating Lease Agreement

Certificates and determinations. Any certification or determination by the Lender Bank of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 2 contracts

Samples: Letter of Credit Facility Agreement (Axis Capital Holdings LTD), Facilities Agreement (Ebookers PLC)

Certificates and determinations. Any certification or determination by the UK Lender or US Lender of a rate or amount under any Finance Document this Master Guarantee is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 2 contracts

Samples: Master Guarantee, Master Guarantee (Great American Group, Inc.)

Certificates and determinations. Any certification or determination by a Lender or the Lender Calculation Agent of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 2 contracts

Samples: Facility Agreement (WABCO Holdings Inc.), Facility Agreement (WABCO Holdings Inc.)

Certificates and determinations. Any certification or determination by the Lender a Finance Party of a rate or amount under any Finance Document and by a Issuing Bank as to the amount paid out by that Issuing Bank in respect of any Bank Guarantee is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facilities Agreement (Sirona Dental Systems, Inc.)

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Document is, in the absence of fraud or manifest error, conclusive evidence of the matters to which it relates.

Appears in 2 contracts

Samples: Term Facility Agreement (Grindrod Shipping Holdings Ltd.), Term Facility Agreement (Grindrod Shipping Holdings Ltd.)

Certificates and determinations. Any certification or determination by the Lender Bank in respect of a rate or amount under any Finance Facility Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: General Agreement for Banking Transactions

Certificates and determinations. Any certification or determination by the Lender Buyer of a rate or amount or quantity under any Finance Document the Transaction Documents is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Prepayment Agreement (GeoPark LTD)

Certificates and determinations. Any certification or determination by the a Lender of a rate or amount under any Finance Document isDocument, in the absence of manifest error, conclusive constitutes prima facie evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facility Agreement (Advance Nanotech, Inc.)

Certificates and determinations. (a) Any certification or determination by the a Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates. (b) On request from the Borrower each Lender shall provide the details on which any certification or determination is based in respect of any rate or amount under any Finance Document.

Appears in 1 contract

Samples: Facility Agreement (Beyond Air, Inc.)

Certificates and determinations. Any certification A certificate or determination by the Lender Loan Facility Provider or the Security Trustee of a rate or amount under any the Finance Document isDocuments shall, in the absence of manifest error, be conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Loan Facility Agreement

Certificates and determinations. Any certification or determination by the Lender or a Participant of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facility Agreement (Mobile Telesystems Ojsc)

Certificates and determinations. Any certification or determination signed by a director of the Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Loan Agreement (Insignia Solutions PLC)

Certificates and determinations. Any certification or determination by the Lender an Investor of a rate rate, amount or amount ratio under any the Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Subscription Agreement

Certificates and determinations. Any certification or determination by the Lender Receivables Purchaser of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Receivables Financing Agreement (Best Buy Co Inc)

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.. 100

Appears in 1 contract

Samples: Term Loan Facility (Navios Maritime Partners L.P.)

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Certificates and determinations. Any certification or determination by the Lender Lenders of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Far East Energy Corp)

Certificates and determinations. Any certification or determination by the Lender Bank of a rate or amount under any the Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Term Loan Agreement (Fabrinet)

Certificates and determinations. Any certification or determination by the Lender Noteholder of a rate or amount under any Finance Document isthe Transaction Documents will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Note Issuance Facility Deed

Certificates and determinations. Any certification certificate or determination by the Lender of a rate or amount under any Finance Document this Deed is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Security Deed (Mitcham Industries Inc)

Certificates and determinations. Any certification or determination made by a Creditor and/or the Lender Administrative Agent of a rate or amount under any Finance Document isin connection with the Financing Documents shall, in the absence of manifest error, conclusive be prima facie evidence of the matters to which it relates.

Appears in 1 contract

Samples: Syndicated Term Loan Contract (Cama Commercial Group, Corp.)

Certificates and determinations. Any certification or determination by the Lender Security Agent or any Receiver I of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Security Agreement

Certificates and determinations. Any certification or determination by the Lender a Creditor of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Danaos Corp)

Certificates and determinations. Any certification or determination by the Lender or the Servicer of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facility Agreement (TriLinc Global Impact Fund LLC)

Certificates and determinations. Any certification or determination by the Lender a Beneficiary of a rate or amount under any Finance Document isthe Guaranteed Documents will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facilities Agreement (Mechel OAO)

Certificates and determinations. Any certification or determination by the a Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facility Agreement (Best Buy Co Inc)

Certificates and determinations. Any certification certificate or determination by the Lender Funder of a rate or an amount payable under any Finance Document this Deed is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Corporate Guarantee

Certificates and determinations. Any certification certificate or determination by the Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Loan Agreement

Certificates and determinations. Any certification or determination by the Lender Agent and/or a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facility Agreement (Sappi LTD)

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Document in accordance with the terms of the relevant Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Pre Export Financing Agreement (Sigma Lithium Corp)

Certificates and determinations. Any certification or determination by the Lender Owner of a rate or amount under any Finance Transaction Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Bareboat Charter Amendment (Pangaea Logistics Solutions Ltd.)

Certificates and determinations. Any certification or determination by the Lender of a rate or amount under any Finance Transaction Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Senior Loan Agreement (Aegon Nv)

Certificates and determinations. Any certification or determination by the a Lender of a rate or amount under any Finance Document shall set out the basis of calculation in reasonable detail and is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facility Agreement (Huang Jianjun)

Certificates and determinations. Any certification or determination by the Lender Bank of a rate or amount under any Finance Facility Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Master Agreement for Issuance of Payment Instruments (Renaissancere Holdings LTD)

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