Change of Circumstance Certificates. A certificate of the Bank as to (a) the amount by which a sum payable to it hereunder is to be increased under Clause 10.1 (TAX GROSS-UP) or (b) the amount for the time being required to indemnify it against any such cost or liability as is mentioned in Clause 10.2 (TAX INDEMNITY) or 11.1 (INCREASED COSTS) shall, in the absence of manifest error, be conclusive for the purposes of this Agreement and PRIMA FACIE evidence in any legal action or proceeding arising out of or in connection with this Agreement.
Appears in 8 contracts
Samples: Junior Facility Agreement (General Maritime Corp), Senior Facility Agreement (General Maritime Corp), Junior Facility Agreement (General Maritime Corp)
Change of Circumstance Certificates. A certificate of the Bank as to (a) the amount by which a sum payable to it hereunder is to be increased under Clause 10.1 (TAX GROSS-UP) or (b) the amount for the time being required to indemnify it against any such cost or liability as is mentioned in Clause 10.2 (TAX INDEMNITY) or 11.1 (INCREASED COSTSCOST) shall, in the absence of manifest error, be conclusive for the purposes of this Agreement and PRIMA FACIE evidence in any legal action or proceeding arising out of or in connection with this Agreement.
Appears in 2 contracts
Samples: Senior Facility Agreement (General Maritime Corp), Junior Facility Agreement (General Maritime Corp)
