Common use of Certificates and determinations Clause in Contracts

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

Appears in 19 contracts

Samples: Facility Agreement (Vodafone Group Public LTD Co), Facility Agreement (Vodafone Group Public LTD Co), 5 Year Facility Agreement (Vodafone Group Public LTD Co)

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Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount payable under this Agreement or otherwise expressed to be determined by a Finance Party is, in the absence of manifest error, prima facie evidence of the matters to which it relates.

Appears in 11 contracts

Samples: Senior Secured Credit Facility (Liberty Global PLC), Facility Agreement (Liberty Global, Inc.), Amendment and Restatement Agreement (Unitedglobalcom Inc)

Certificates and determinations. Any certification certification, determination or determination notification by a Finance Party of a rate or amount under made pursuant to the terms of this Agreement iswill be, in the absence of manifest error, prima facie conclusive evidence of the matters to which it relates.

Appears in 7 contracts

Samples: Guarantee Agreement, Guarantee Agreement, Guarantee Agreement

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement any Finance Document is, in the absence of manifest error, prima facie evidence (Beweis des ersten Anscheins) of the matters to which it relates.

Appears in 6 contracts

Samples: Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data), Syndicated Multicurrency Term Loan Facility Agreement (Sap France S.A.), Credit Facility Agreement (Saturn Expansion Corp)

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

Appears in 6 contracts

Samples: Syndicated Credit Agreement, Facility Agreement (Gold Fields LTD), Credit Agreement (France Telecom /)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement isthe Finance Documents will be, in the absence of manifest error, prima facie evidence of the matters to which it relates.

Appears in 5 contracts

Samples: Credit Facility Agreement (Centex Corp), Partnership Agreement (Centex Development Co Lp), Term and Revolving Credit Facility Agreement (Kellwood Co)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement any Finance Document is, in the absence of manifest error, prima facie conclusive evidence of the matters to which it relates. Each Finance Party in making any certification or determination shall act in good faith.

Appears in 4 contracts

Samples: Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD)

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

Appears in 4 contracts

Samples: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)

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

Appears in 4 contracts

Samples: Financing Agreement, Common Terms Agreement (Ultrapetrol Bahamas LTD), Financing Agreement (Cemex Sab De Cv)

Certificates and determinations. Any certification certificate delivered or determination made by a Finance Party of a rate or Party, whether in relation to an amount payable to it under this Agreement isor the any other Senior Finance Documents or, in respect of an indemnity given by an Obligor or otherwise shall, in the absence of manifest error, prima facie be conclusive evidence of the matters to which it such certificate or determination relates.

Appears in 3 contracts

Samples: Facility Agreement (Lyon Investments B V), Facility Agreement (Derby Cycle Corp), Revolving Multicurrency Credit Facility (Derby Cycle Corp)

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

Appears in 3 contracts

Samples: Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS)

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

Appears in 3 contracts

Samples: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP), Term Loan Facility Agreement (Vantage Drilling CO)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement iswill be, in the absence of manifest error, prima facie conclusive evidence of the matters to which it relates.

Appears in 3 contracts

Samples: Credit Facilities Agreement (Viasystems Inc), Payment Undertaking (Fleetcor Technologies Inc), Term and Revolving Credit Facility Agreement (Kellwood Co)

Certificates and determinations. Any certification certificate delivered or determination made by a Finance Party of a rate or an amount under this Agreement isshall, in the absence of manifest error, prima facie be conclusive evidence of the matters to which it such certificate or determination relates.

Appears in 2 contracts

Samples: Multicurrency Revolving Credit Agreement (MFW Acquisition Corp), Multicurrency Revolving Credit Agreement (MFW Acquisition Corp)

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

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement (McDermott International Inc)

Certificates and determinations. (a) Any certification or determination by a Finance Party of a rate or amount under this Agreement any Finance Document is, in the absence of manifest error, prima facie evidence of the matters to which it relates. (b) Where any person gives a certificate on behalf of any parties to the Finance Documents pursuant to any provision thereof and such certificate proves to be incorrect, the individual shall incur no personal liability in consequence of such certificate being incorrect save where such individual acted fraudulently in giving such certificate (in which case any liability of such individual shall be determined in accordance with applicable law).

Appears in 2 contracts

Samples: Senior Facilities Agreement (Atlas Investissement), Senior Facilities Agreement (Atlas Investissement)

Certificates and determinations. (a) Any certification or determination by a Finance Party of a rate or amount under this Agreement any Finance Document is, in the absence of manifest error, prima facie evidence of the matters to which it relates. (b) Certificates granted on behalf of the Borrower shall be given without personal liability on part of the officer signing them.

Appears in 2 contracts

Samples: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.), Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)

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

Appears in 2 contracts

Samples: Bridge Facility Agreement (Nordic Telephone CO ApS), Bridge Facility Agreement (Nordic Telephone CO ApS)

Certificates and determinations. Any certification certificate or determination by a Finance the Secured Party of a rate or amount under this Agreement is, in the absence of manifest error, prima facie conclusive evidence of the matters to which it relates.

Appears in 2 contracts

Samples: Supplemental Deed of Amendment and Restatement (Endeavour International Corp), Supplemental Deed of Amendment and Restatement (Endeavour International Corp)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement any Finance Document is, in the absence of manifest error, prima facie conclusive evidence of the matters to which it relates. The Facilities Agent shall provide reasonable details to support such calculation upon the Company’s request.

Appears in 2 contracts

Samples: Multicurrency Revolving Facilities Agreement (Carnival PLC), Facilities Agreement (Carnival PLC)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement isthe Finance Documents will be, in the absence of manifest error, prima facie evidence (Beweis des ersten Anscheins) of the matters to which it relates.

Appears in 2 contracts

Samples: Credit Facility Agreement (Merck Kgaa /Fi), Credit Facility Agreement (E. Merck oHG)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement the Senior Finance Documents is, in the absence of manifest error, prima facie evidence of the matters to which it relates.

Appears in 2 contracts

Samples: Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo), Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo)

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

Appears in 2 contracts

Samples: Syndicated Loan Agreement (New Fortress Energy LLC), Syndicated Loan Agreement (NFE Financial Holdings LLC)

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

Appears in 2 contracts

Samples: Senior Facilities Agreement (Nordic Telephone CO ApS), Senior Facilities Agreement (Nordic Telephone CO ApS)

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

Appears in 2 contracts

Samples: Senior Subscription Agreement (TPG Advisors IV, Inc.), Facility Agreement (Central European Distribution Corp)

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

Appears in 1 contract

Samples: Senior Secured Debt Facility Agreement (Hungarian Telephone & Cable Corp)

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

Appears in 1 contract

Samples: Guarantee (Genco Shipping & Trading LTD)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement the Finance Documents is, in the absence of manifest proven error, prima facie conclusive evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facility Agreement (Tomkins PLC)

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

Appears in 1 contract

Samples: Facility Agreement (Genesis Lease LTD)

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Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement isany Loan Document, in the absence of absent gross negligence or manifest errorerror by such Finance Party, is prima facie evidence of the matters to which it relates.

Appears in 1 contract

Samples: Facility Agreement (Atlas Air Worldwide Holdings Inc)

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

Appears in 1 contract

Samples: Facilities Agreement (Benfield Greig Group PLC)

Certificates and determinations. (a) Any certification or determination by a Finance Party of a rate or amount under this Agreement any Finance Document is, in the absence of manifest error, prima facie conclusive evidence of the matters to which it relates. (b) All certificates issued by a director of an Obligor under or pursuant to the terms of the Finance Documents shall be issued (and treated as issued whether or not so stated) by that director on behalf of the relevant Obligor without personal liability, save in the case of gross negligence, wilful default or fraud.

Appears in 1 contract

Samples: Facility Agreement (Cascal N.V.)

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

Appears in 1 contract

Samples: Syndicated Multi Currency Term Loan and Revolving Credit Facilities Agreement (Qiagen Nv)

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

Appears in 1 contract

Samples: Security Over Shares and Security Assignment Agreement (S&t International Distribution Ltd.)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement any Finance Document is, in the absence of manifest error, prima facie conclusive evidence of the matters to which it relates. 31.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gold Fields LTD)

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

Appears in 1 contract

Samples: Subordination Agreement

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

Appears in 1 contract

Samples: Loan Agreement (Tiffany & Co)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement any Finance Document and by an 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, prima facie evidence of the matters to which it relates.

Appears in 1 contract

Samples: Senior Facilities Agreement (Toys R Us Inc)

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

Appears in 1 contract

Samples: Zar Revolving Credit Facility Agreement (Gold Fields LTD)

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

Appears in 1 contract

Samples: Subordination Agreement (UTAC Holdings Ltd.)

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

Appears in 1 contract

Samples: Bridge Facility Agreement (Gold Fields LTD)

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

Appears in 1 contract

Samples: Facility Agreement (WuXi PharmaTech (Cayman) Inc.)

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

Appears in 1 contract

Samples: Deed of Proceeds and Priorities (Genesis Lease LTD)

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

Appears in 1 contract

Samples: Facility Agreement (Commercial Metals Co)

Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under this Agreement is, in the absence of manifest error, prima facie conclusive evidence of the matters to which it relates.. Back to Index

Appears in 1 contract

Samples: Syndicated Credit Facility (Reuters Group PLC /Adr/)

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

Appears in 1 contract

Samples: Senior Facilities Agreement (Messer Griesheim Holding Ag)

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

Appears in 1 contract

Samples: Investment Agency Agreement (Brooge Holdings LTD)

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