Common use of Collateral Trustee’s Calculations Clause in Contracts

Collateral Trustee’s Calculations. In making any distribution required by Section 3.4A, the Collateral Trustee shall be entitled to request from the Company or the Directing Parties prior to making any payment and distribution provided for in such Section 3.4A such information as may be required for such determinations and allocations, may conclusively rely upon information supplied by the Company or the Directing Parties, as applicable, and the Collateral Trustee shall have no liability to any of the Secured Parties for actions taken in reliance on such information; provided that nothing in this Section 3.5A shall prevent any Grantor from contesting any amounts claimed by any Secured Party in any information so supplied. All distributions made by the Collateral Trustee pursuant to Section 3.4A shall be (subject to Section 3.6A and to any decree of any court of competent jurisdiction) final (absent manifest error), and the Collateral Trustee shall have no duty to inquire as to the application by any Primary Holder Representative in respect of any amounts distributed to such Primary Holder Representative.

Appears in 2 contracts

Samples: Collateral Trust and Intercreditor Agreement (American Capital, LTD), Collateral Trust and Intercreditor Agreement (American Capital, LTD)

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Collateral Trustee’s Calculations. In making any distribution the determinations and allocations required by Section 3.4A3.4, the Collateral Trustee shall be entitled to request from a Primary Holder Representative in respect of the Company or Class of Secured Obligations for which such Primary Holder Representative acts and the Directing Parties Secured Hedge Providers prior to making any payment and distribution provided for in such Section 3.4A 3.4 such information as may be required for such determinations and allocations, and may conclusively rely upon information supplied by the Company or the Directing Parties, as applicablesuch Primary Holder Representatives, and the Collateral Trustee shall have no liability to any of the Secured Parties for actions taken in reliance on such information; , provided that nothing in this Section 3.5A sentence shall prevent any Grantor from contesting any amounts claimed by any Secured Party in any information so supplied. All distributions made by the Collateral Trustee pursuant to Section 3.4A 3.4 shall be (subject to Section 3.6A 3.7 and to any decree of any court of competent jurisdiction) final (absent manifest error), and the Collateral Trustee shall have no duty to inquire as to the application by any Primary Holder Representative in respect of any amounts distributed to such Primary Holder Representative.

Appears in 2 contracts

Samples: Collateral Trust and Intercreditor Agreement (American Capital, LTD), Collateral Trust and Intercreditor Agreement (American Capital, LTD)

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Collateral Trustee’s Calculations. In making any distribution the determinations and allocations required by Section 3.4A3.4, the Collateral Trustee shall be entitled to request from a Primary Holder Representative in respect of the Company or the Directing Parties Class of Secured Obligations for which such Primary Holder Representative acts prior to making any payment and distribution provided for in such Section 3.4A 3.4 such information as may be required for such determinations and allocations, and may conclusively rely upon information supplied by the Company or the Directing Parties, as applicablesuch Primary Holder Representative, and the Collateral Trustee shall have no liability to any of the Secured Parties for actions taken in reliance on such information; , provided that nothing in this Section 3.5A sentence shall prevent any Grantor from contesting any amounts claimed by any Secured Party in any information so supplied. All distributions made by the Collateral Trustee pursuant to Section 3.4A 3.4 shall be (subject to Section 3.6A 3.7 and to any decree of any court of competent jurisdiction) final (absent manifest error), and the Collateral Trustee shall have no duty to inquire as to the application by any Primary Holder Representative Indenture Trustee in respect of any amounts distributed to such Primary Holder Representative.

Appears in 1 contract

Samples: Collateral Trust Agreement (YRC Worldwide Inc.)

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