Common use of Collateral Agent’s Calculations Clause in Contracts

Collateral Agent’s Calculations. In making the -------------------------------- determinations and allocations required by Section 5.02, the Collateral Agent may rely upon certificates as provided in Section 3.02, as to the amounts payable with respect to Obligations. If any Secured Party receives any amount pursuant to Section 5.02 in excess of the amount it was entitled to receive pursuant to Section 5.02 as a result of a demonstrable error in the determination of the amount of the Obligations, then such Secured Party (by becoming a Holder of Obligations and accepting the benefits of this Agreement) agrees to pay such excess to the Collateral Agent for application in accordance with Section 5.02 as soon as practicable after the existence of such error shall have been determined. All distributions made by the Collateral Agent pursuant to Section 5.02 shall be (subject to the preceding sentence and to any decree of any court of competent jurisdiction and to the preceding sentence) final, and the Collateral Agent shall have no duty to inquire as to the application by any Representative or Unrepresented Holder of any amounts distributed to them.

Appears in 3 contracts

Samples: Credit Agreement (Leap Wireless International Inc), Collateral Agency and Intercreditor Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)

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Collateral Agent’s Calculations. In making the -------------------------------- ------------------------------- determinations and allocations required by Section 5.02, the Collateral Agent may rely upon certificates as provided in Section 3.02, as to the amounts payable with respect to Obligations. If any Secured Party receives any amount pursuant to Section 5.02 in excess of the amount it was entitled to receive pursuant to Section 5.02 as a result of a demonstrable error in the determination of the amount of the Obligations, then such Secured Party (by becoming a Holder of Obligations and accepting the benefits of this Agreement) agrees to pay such excess to the Collateral Agent for application in accordance with Section 5.02 as soon as practicable after the existence of such error shall have been determined. All distributions made by the Collateral Agent pursuant to Section 5.02 shall be (subject to the preceding sentence and to any decree of any court of competent jurisdiction and to the preceding sentence) final, and the Collateral Agent shall have no duty to inquire as to the application by any Representative or Unrepresented Holder of any amounts distributed to them.

Appears in 1 contract

Samples: Security Agreement (Leap Wireless International Inc)

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