Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusive.
Appears in 76 contracts
Samples: Indenture (Revlon Inc /De/), Indenture (Revlon Inc /De/), Indenture (Apollo Global Management LLC)
Company Determination Final. Any determination that the Company or the its Board of Directors must make pursuant to this Article is conclusive6 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6, absent manifest error, and set forth in a Board Resolution.
Appears in 20 contracts
Samples: First Supplemental Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.), Indenture (Amyris, Inc.)
Company Determination Final. Any determination that the Company or the Board board of Directors directors of the Company must make pursuant to this Article is V shall be conclusive.
Appears in 13 contracts
Samples: Warrant Agreement (Entertainment Inc), Warrant Agreement (Wireless One Inc), Preference Warrant Agreement (Chase Polish Enterprises Inc)
Company Determination Final. Any determination that the Company or the its Board of Directors must make pursuant to this Article is conclusive7 shall be conclusive if made in good faith and in accordance with the provisions of this Article 7, absent manifest error, and set forth in a Board Resolution.
Appears in 12 contracts
Samples: Indenture (Hc2 Holdings, Inc.), Indenture (Gevo, Inc.), Indenture (Gevo, Inc.)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusive13 shall be conclusive if made in good faith and in accordance with the provisions of this Article 13, absent manifest error, and set forth in a resolution of the Board of Directors.
Appears in 8 contracts
Samples: Indenture (Affymetrix Inc), Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusiveXIII shall be conclusive if made in good faith and in accordance with the provisions of this Article XIII, absent manifest error, and set forth in a resolution of the Board of Directors.
Appears in 7 contracts
Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD), Indenture (FP Technology, Inc.)
Company Determination Final. Any determination that the Company or the its Board of Directors must make pursuant to this Article is conclusiveV shall be conclusive if made in good faith, absent manifest error.
Appears in 6 contracts
Samples: Indenture (Redwood Trust Inc), Indenture (FedNat Holding Co), First Supplemental Indenture (Chimera Investment Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make makes pursuant to this Article is final and conclusive.
Appears in 5 contracts
Samples: Indenture (Reinsurance Group of America Inc), Junior Subordinated Indenture (Reinsurance Group of America Inc), Indenture (Reinsurance Group of America Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusiveshall be conclusive if made in good faith and in accordance with the provisions of this Article, absent manifest error.
Appears in 5 contracts
Samples: Indenture (Money Store Inc /Nj), Indenture (Georgia Pacific Corp), Indenture (Sunoco Inc)
Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to this Article Section 5.01 is conclusive.
Appears in 4 contracts
Samples: Warrant Agreement (Transportation Technologies Industries Inc), Warrant Agreement (Transportation Technologies Industries Inc), Warrant Agreement (Transportation Technologies Industries Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article 10 is conclusive.
Appears in 2 contracts
Samples: Indenture (Stmicroelectronics Nv), Indenture (Netease Com Inc)
Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to this Article is conclusive.
Appears in 2 contracts
Samples: Indenture (Timco Engine Center Inc), Indenture (GPPD Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article Section 10 is conclusive.
Appears in 2 contracts
Samples: Warrant Agreement (Regeneron Pharmaceuticals Inc), Warrant Agreement (Procter & Gamble Co)
Company Determination Final. Any determination that --------------------------- the Company or the Board of Directors must make pursuant to this Article is conclusive.
Appears in 2 contracts
Samples: Indenture (National Service Industries Inc), Indenture (National Service Industries Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusive4 shall be conclusive if made in good faith, absent manifest error.
Appears in 1 contract
Company Determination Final. Any determination that the --------------------------- Company or the Board of Directors must make pursuant to this Article 10 is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that ---------------------------- the Company or the Board of Directors must make pursuant to this Article XIII is conclusive.
Appears in 1 contract
Samples: Indenture (Xerox Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article Section 9 is conclusive.
Appears in 1 contract
Samples: Warrant Agreement (Crown Castle International Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article Section 10.6 is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board board of Directors directors of the Company must make pursuant to this Article V is conclusive.
Appears in 1 contract
Samples: Warrant Agreement (Pathnet Inc)
Company Determination Final. Any determination that the Company --------------------------- or the Board of Directors must make pursuant to this Article Section is conclusive.
Appears in 1 contract
Samples: Warrant Agreement (Autozone Inc)
Company Determination Final. Any determination that the Company --------------------------- or the Board of Directors of the Company must make pursuant to this Article V is conclusive, in the absence of manifest error.
Appears in 1 contract
Company Determination Final. Any determination that by the Company or the --------------------------- Board of Directors must make of the Company or any duly authorized committee thereof pursuant to this Article Section 3.2 is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusiveconclusive and binding upon the Holders, absent manifest error.
Appears in 1 contract
Samples: Second Supplemental Indenture (Hanover Compressor Co /)
Company Determination Final. Any determination that the Company or the Board of Directors must make makes pursuant to this Article XIV is conclusive.
Appears in 1 contract
Samples: Indenture (Xerox Corp)
Company Determination Final. Any determination that the Company Holdings or --------------------------- the Board of Directors of Holdings must make pursuant to this Article V is conclusive.
Appears in 1 contract
