Common use of Certificates of Banks Clause in Contracts

Certificates of Banks. A certificate of a Bank as to (a) the amount by which a sum payable to it hereunder is to be increased under Clause 9.1 (Tax Gross-up), (b) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 9.2 (Tax Indemnity) or Clause 11.1 (Increased Costs) or (c) the amount of any credit, relief, remission or repayment as is mentioned in Clause 10.3 (Tax Credit Payment) or Clause 10.4 (Tax Credit Clawback) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.

Appears in 5 contracts

Samples: Multicurrency Revolving Loan Agreement (Gulfmark Offshore Inc), Revolving Loan Agreement (Imc Global Inc), Letter of Credit Facility Agreement (Ace LTD)

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Certificates of Banks. A certificate of a Bank as to (a) to: 30.5.1 the amount by which a sum payable to it hereunder is to be increased under Clause 9.1 8.1 (Tax Gross-up), (b) ; 30.5.2 the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 9.2 8.2 (Tax Indemnity) or Clause 11.1 10.1 (Increased Costs) or (c) ); or 30.5.3 the amount of any credit, relief, remission or repayment as is mentioned in Clause 10.3 9.3 (Tax Credit Payment) or Clause 10.4 9.4 (Tax Credit Clawback) ), shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.

Appears in 3 contracts

Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

Certificates of Banks. A certificate of a Bank as to (a) the amount by which a sum payable to it hereunder is to be increased under Clause 9.1 10.1 (Tax Gross-up), (b) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 9.2 10.2 (Tax Indemnity), Clause 12.1 (Increased Costs) or Clause 11.1 23.1 (Increased CostsBorrower's Indemnity) or (c) the amount of any credit, relief, remission or repayment as is mentioned in Clause 10.3 11.3 (Tax Credit Payment) or Clause 10.4 (Tax Credit Clawback) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the ObligorsBorrower.

Appears in 1 contract

Samples: Facility Agreement (Micron Technology Inc)

Certificates of Banks. A certificate of a Bank as to (a) to: 35.6.1 the amount by which a sum payable to it hereunder is to be increased under Clause 9.1 11.1 (Tax Gross-up), (b) ; 35.6.2 the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 9.2 11.2 (Tax Indemnity) or Clause 11.1 13.1 (Increased Costs) or (c) ); or 35.6.3 the amount of any credit, relief, remission or repayment as is mentioned in Clause 10.3 12.3 (Tax Credit Payment) or Clause 10.4 12.4 (Tax Credit Clawback) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.

Appears in 1 contract

Samples: Mezzanine Credit Agreement (Transworld Healthcare Inc)

Certificates of Banks. A certificate of a Bank as to (a) to: 29.6.1 the amount by which a sum payable to it hereunder is to be increased under Clause 9.1 10.1 (Tax Gross-up), (b) ; 29.6.2 the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 9.2 10.2 (Tax Indemnity) or Clause 11.1 12.1 (Increased Costs) or (c) ); or 29.6.3 the amount of any credit, relief, remission or repayment as is mentioned in Clause 10.3 11.3 (Tax Credit Payment) or Clause 10.4 11.4 (Tax Credit Clawback) ), shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.

Appears in 1 contract

Samples: Exhibit Agreement (Ace LTD)

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Certificates of Banks. A certificate of a Bank as to (a) the amount by which a sum payable to it hereunder is to be increased under Clause 9.1 17.1 (Tax Gross-up), (b) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 9.2 17.2 (Tax Indemnity) or Clause 11.1 19.1 (Increased Costs) or Clause 32.1 (Original Borrower's Indemnity) or (c) the amount of any credit, relief, remission or repayment as is mentioned in Clause 10.3 18.3 (Tax Credit Payment) or Clause 10.4 (Tax Credit Clawback) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.

Appears in 1 contract

Samples: Amendment Agreement (Jazztel PLC)

Certificates of Banks. A certificate of a Bank as to (a) the amount by which a sum payable to it hereunder is to be increased under Clause 9.1 10.1 (Tax GrossTAX GROSS-upUP), (b) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 9.2 11.1 (Tax IndemnityINCREASED COSTS) or Clause 11.1 24.1 (Increased CostsBORROWER'S INDEMNITY) or (c) the amount of any credit, relief, remission or repayment as is mentioned in Clause 10.3 (Tax Credit Payment) or Clause 10.4 (Tax Credit ClawbackCLAW-BACK OF TAX BENEFIT) shall, in the absence of manifest error, be prima facie PRIMA FACIE evidence of the existence and amounts of the specified obligations of the ObligorsBorrower.

Appears in 1 contract

Samples: Revolving Loan Facility Agreement (United Pan Europe Communications Nv)

Certificates of Banks. A certificate of a Bank as to (a) to: 38.6.1 the amount by which a sum payable to it hereunder is to be increased under Clause 9.1 14.1 (Tax Gross-up), (b) ; 38.6.2 the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 9.2 14.2 (Tax Indemnity) or Clause 11.1 16.1 (Increased Costs) or (c) ); or 38.6.3 the amount of any credit, relief, remission or repayment as is mentioned in Clause 10.3 15.3 (Tax Credit Payment) or Clause 10.4 15.4 (Tax Credit Clawback) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.

Appears in 1 contract

Samples: Senior Credit Agreement (Transworld Healthcare Inc)

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