Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 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: Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.), Indenture (Digital Turbine, Inc.)
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 7 shall be conclusive if made in good faith and in accordance with the provisions of this Article 67, absent manifest error, and set forth in a Board Resolution.
Appears in 12 contracts
Samples: Warrant Agreement (Gevo, Inc.), Indenture (Gevo, Inc.), Registration Rights Agreement (Gevo, Inc.)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 13 shall be conclusive if made in good faith and in accordance with the provisions of this Article 613, absent manifest error, and set forth in a resolution of the Board Resolutionof Directors.
Appears in 8 contracts
Samples: Indenture (Affymetrix Inc), Indenture (Affymetrix Inc), Indenture (Oscient Pharmaceuticals Corp)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 XIII shall be conclusive if made in good faith and in accordance with the provisions of this Article 6XIII, absent manifest error, and set forth in a resolution of the Board Resolutionof Directors.
Appears in 7 contracts
Samples: Indenture (FP Technology, Inc.), Vector Group LTD, Vector Group LTD
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 V shall be conclusive if made in good faith and in accordance with the provisions of this Article 6faith, absent manifest error, and set forth in a Board Resolution.
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 its the Board of Directors must make pursuant to this Article 6 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board Resolution.
Appears in 5 contracts
Samples: Indenture (United Companies Financial Corp), Indenture (Sunoco Inc), Money Store Inc /Nj
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 13 shall be conclusive if made in good faith and in accordance with the provisions of this Article 613, absent manifest error, and set forth in a Board Resolution.
Appears in 5 contracts
Samples: Indenture (Endeavour Silver Corp), Endeavour Silver Corp, Indenture (Minefinders Corp Ltd.)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 shall be Section 6.01(a) through (i) hereof is conclusive if made in good faith and in accordance with the provisions absence of this Article 6, absent manifest error, and set forth in a Board Resolutionerror or bad faith.
Appears in 5 contracts
Samples: Warrant Agreement (Goodrich Petroleum Corp), Warrant Agreement (Goodrich Petroleum Corp), Purchase Agreement (Goodrich Petroleum Corp)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 5 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6faith, absent manifest error, and set forth in a Board Resolution.
Appears in 5 contracts
Samples: Supplemental Indenture (PHH Corp), Indenture (GMX Resources Inc), Indenture (Power One Inc)
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 5 shall be conclusive if made in good faith and in accordance with the provisions of this Article 65, absent manifest error, and set forth in a Board Resolution.
Appears in 4 contracts
Samples: Rambus Inc, Indenture (Rambus Inc), Indenture (Trex Co Inc)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 10 shall be conclusive if made in good faith and in accordance with the provisions of this Article 610, absent manifest error, and set forth in a Board Resolution.
Appears in 4 contracts
Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Gtech Holdings Corp)
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 XIII shall be conclusive if made in good faith and in accordance with the provisions of this Article 6XIII, absent manifest error, and set forth in a Board Resolution.
Appears in 4 contracts
Samples: Indenture (Biovail Corp International), Indenture (Biovail Corp International), Indenture (Jaguar Mining Inc)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 shall be Section 13 is (absent manifest error) conclusive if such determination is made in good faith and in accordance with the provisions of this Article 6, absent manifest error, and set forth in a Board ResolutionWarrant Agreement.
Appears in 3 contracts
Samples: Warrant Agreement (Consolidated Communications Holdings, Inc.), Warrant Agreement (Fairpoint Communications Inc), Warrant Agreement (SemGroup Corp)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 XII shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board Resolution.
Appears in 3 contracts
Samples: Immunomedics Inc, Indenture (Concord Communications Inc), Scottish Annuity & Life Holdings LTD
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 4 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board ResolutionResolution or an Officers’ Certificate of the Company’s Chief Financial Officer, as the case may be.
Appears in 3 contracts
Samples: Indenture (Meritor Inc), Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 13 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board Resolution. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 3 contracts
Samples: Indenture (Sohu Com Inc), Indenture (Yahoo Inc), Indenture (Mercury Interactive Corporation)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article Section 6 shall be conclusive if which is made in good faith and in accordance with the provisions of this Article 6, shall be conclusive absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Magellan Health Services Inc, Magellan Health Services Inc
Company Determination Final. Any determination that the Company or its the Board of Directors must make contemplated pursuant to this Article 6 ARTICLE 7 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6ARTICLE 7, absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Senior Convertible Note Purchase Agreement (Scynexis Inc), Senior Convertible Note Purchase Agreement (Scynexis Inc)
Company Determination Final. Any determination that the Company or its Board of Directors must make contemplated pursuant to this Article 6 7 shall be conclusive if made in good faith and in accordance with the provisions of this Article 67, absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Graf Acquisition Corp. IV), Convertible Note Purchase Agreement (Coherus BioSciences, Inc.)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 12 shall be conclusive if made in good faith and in accordance with the provisions of this Article 612, absent manifest error, and set forth in a resolution of the Board Resolutionof Directors.
Appears in 2 contracts
Samples: Indenture (American Real Estate Partners L P), Schein Henry Inc
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 5 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6faith, absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Intermune Inc), Indenture (Intermune Inc)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 XIV shall be conclusive if made in good faith and in accordance with the provisions of this Article 6XIV, absent manifest error, and set forth in a resolution of the Board Resolutionof Directors.
Appears in 2 contracts
Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 X shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Indenture (Odyssey Re Holdings Corp), Pmi Group Inc
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 9 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Indenture (Memberworks Inc), Artesyn Technologies Inc
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 14 shall be conclusive if made in good faith and in accordance with the provisions of this Article 614, absent manifest error, and set forth in a resolution of the Board Resolutionof Directors.
Appears in 2 contracts
Samples: Indenture (Guardian II Acquisition CORP), Indenture (Oscient Pharmaceuticals Corp)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 12 shall be conclusive if made in good faith and in accordance with the provisions of this Article 612, absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Indenture (Apogent Technologies Inc), Apogent Technologies Inc
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 14 shall be conclusive and binding on the Holders and the parties to this Indenture if made in good faith and in accordance with the provisions of this Article 6faith, absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Supplemental Indenture (Horizon Lines, Inc.), Supplemental Indenture (H-L Distribution Service, LLC)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 4 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a resolution of the Board Resolutionof Directors.
Appears in 2 contracts
Samples: Indenture (Veritas Software Corp /De/), Indenture (Symantec Corp)
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 XVI shall be conclusive if made in good faith and in accordance with the provisions of this Article 6XVI, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Indenture (Gold Reserve Inc)
Company Determination Final. Any determination ----------------------------------------- that the Company or its the Board of Directors must make pursuant to this Article 6 10 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6X, absent manifest error, and set forth in a resolution of the Board Resolutionof Directors.
Appears in 1 contract
Samples: Greater Bay Bancorp
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 XIV shall be conclusive if made in good faith and in accordance with the provisions of this Article 6XIV, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Indenture (JDS Uniphase Corp /Ca/)
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 4 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6faith, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Indenture (Photronics Inc)
Company Determination Final. Any determination that the Company or its of the Board of Directors must make pursuant to this Article 6 12 shall be conclusive if made in good faith and in accordance with the provisions of this Article 612, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: L 3 Communications Holdings Inc
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 ARTICLE XI shall be conclusive if made in good faith and in accordance with the provisions of this Article 6ARTICLE XI, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Novagold Resources Inc
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 0 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board ResolutionResolution or an Officers’ Certificate of the Company’s Chief Financial Officer, as the case may be.
Appears in 1 contract
Samples: Indenture (Arvinmeritor Inc)
Company Determination Final. Any determination that the Company or its Board of Directors must make contemplated pursuant to this Article 6 7 shall be conclusive if made in good faith and in accordance with the provisions of this Article 67, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Raptor Pharmaceutical Corp)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 shall be Section 6.01(a) through (i) is conclusive if made in good faith and in accordance the absence of manifest error or bad faith; provided that the Company or the Board of Directors complies with the provisions of this Article 6, absent manifest error, and requirements set forth in a Board Resolutionthe definition of Fair Value.
Appears in 1 contract
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 5 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6conclusive, absent manifest mathematical error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Rights Agreement (Fluor Corp)
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 6 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6faith, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Indenture (THQ Inc)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 XIII shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Indenture (Komag Inc /De/)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 4 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6faith, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Indenture (Penn Virginia Corp)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 6 11 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6Article, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Pg&e Corp
Company Determination Final. Any determination that the Company or its the Board of Directors must make contemplated pursuant to this Article 6 7 shall be conclusive if made in good faith and in accordance with the provisions of this Article 67, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Samples: Senior Convertible Note Purchase Agreement (Scynexis Inc)
