Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 28 contracts
Samples: Indenture (Wickes Inc), Indenture (CBRL Group Inc), Indenture (CBRL Group Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.07, 11.0810.08, 11.0910.09, 11.1010.10, 11.14 10.14 or 11.17 10.17 is conclusive.
Appears in 7 contracts
Samples: Indenture (Laboratory Corp of America Holdings), Indenture (Supervalu Inc), Indenture (Omnicom Capital Inc)
Company Determination Final. Any determination that the Company or which the Board of Directors must make pursuant to Section 11.03, 11.06, Sections 11.07, 11.08, 11.09, 11.1011.11, 11.14 11.13 or 11.17 11.16 is conclusiveconclusive and binding on the Holders.
Appears in 6 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0311.3, 11.0611.7, 11.0711.8, 11.08, 11.0911.9, 11.10, 11.14 11.11, 11.15 or 11.17 11.18 is conclusive.
Appears in 3 contracts
Samples: Indenture (Atmel Corp), Supplemental Indenture (Arrow Electronics Inc), Indenture (Atmel Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.037.3, 11.067.6, 11.077.7, 11.087.8, 11.09, 11.10, 11.14 7.9 or 11.17 7.11 is conclusive.
Appears in 3 contracts
Samples: Subordinated Indenture (Beverly Enterprises Inc), Subordinated Indenture (Beverly Enterprises Inc), Senior Indenture (Beverly Enterprises Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 hereof is conclusive.
Appears in 3 contracts
Samples: Indenture (Selective Insurance Group Inc), Indenture (Horace Mann Educators Corp /De/), Indenture (RPM International Inc/De/)
Company Determination Final. Any determination that the Company Company, or the Board of Directors of the Company or a duly authorized committee thereof must make pursuant to Section 11.033.03, 11.063.06, 11.073.07, 11.083.08, 11.093.09, 11.103.10, 11.14 3.14 or 11.17 3.17 is conclusive.
Appears in 3 contracts
Samples: First Supplemental Indenture (Sirius Satellite Radio Inc), Third Supplemental Indenture (Sirius Satellite Radio Inc), Second Supplemental Indenture (Sirius Satellite Radio Inc)
Company Determination Final. Any Subject to Section 10.15, any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.08, 11.0810.09, 11.0910.10, 11.1010.11, 11.14 10.12 or 11.17 10.14 is conclusive.
Appears in 3 contracts
Samples: Indenture (Excel Legacy Corp), Indenture (Excel Legacy Corp), Shareholder Agreement (Excel Legacy Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, Sections 11.07, 11.08, 11.0911.11, 11.10, 11.12 or 11.14 or 11.17 is shall be conclusive.
Appears in 3 contracts
Samples: Indenture (American Express Co), Indenture (Wells Fargo & Co/Mn), Indenture (American Express Co)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 11.11, 11.15 or 11.17 11.18 is conclusive.
Appears in 2 contracts
Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.07, 11.0810.08, 11.0910.09, 11.1010.10, 11.14 10.11, 10.15 or 11.17 10.18 is conclusive.
Appears in 2 contracts
Samples: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusiveconclusive in the absence of manifest error.
Appears in 2 contracts
Samples: Indenture (Enron Corp/Or/), Indenture (Valassis Communications Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.3, 11.0610.6, 11.0710.7, 11.0810.8, 11.0910.9, 11.1010.10, 11.14 10.11, 10.15 or 11.17 10.17 is conclusive, absent manifest error.
Appears in 2 contracts
Samples: Indenture (Xl Capital LTD), Indenture (Cendant Corp)
Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to Section 11.0310.3, 11.0610.6, 11.0710.7, 11.0810.8, 11.0910.9, 11.1010.10, 11.14 10.14 or 11.17 10.17 is conclusive, absent manifest error.
Appears in 2 contracts
Samples: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make makes pursuant to Section Sections 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 2 contracts
Samples: Indenture (Vishay Intertechnology Inc), Indenture (Novellus Systems Inc)
Company Determination Final. Any determination that the ------------------------------------------ Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 2 contracts
Samples: Indenture (Danaher Corp /De/), Indenture (Marriott International Inc /Md/)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.08, 11.0810.09, 11.0910.10, 11.1010.11, 11.14 10.12 or 11.17 10.14 is conclusive.
Appears in 2 contracts
Samples: Form 8 A, Indenture (Synetic Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.06Section 10.06, 11.07, 11.08, 11.09, 11.10, 11.14 Section 10.09 or 11.17 Section 10.12 is conclusive.
Appears in 2 contracts
Samples: Indenture (Expressjet Holdings Inc), Indenture (Expressjet Holdings Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.3, 11.0610.6, 11.0710.7, 11.0810.8, 11.0910.9, 11.1010.10, 11.14 10.14 or 11.17 10.17 is conclusive, absent manifest error.
Appears in 2 contracts
Company Determination Final. Any determination that ----------------------------------------- the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 2 contracts
Samples: Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.06, 11.06Section 10.07, 11.07Section 10.08, 11.08Section 10.09, 11.09Section 10.10, 11.10Section 10.11, 11.14 Section 10.12 or 11.17 Section 10.13 is conclusive, absent manifest error.
Appears in 2 contracts
Samples: Indenture (American Realty Capital Properties, Inc.), Indenture (CapLease, Inc.)
Company Determination Final. Any determination that the --------------------------- Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 2 contracts
Samples: Indenture (Times Mirror Co /New/), Indenture (Merrill Lynch & Co Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.07, 11.0810.08, 11.0910.09, 11.10, 11.14 10.10 or 11.17 10.14 is conclusive.
Appears in 1 contract
Samples: Indenture (Amr Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03SECTION 13.01, 11.0613.03, 11.0713.06, 11.0813.07, 11.0913.08, 11.1013.0 9, 11.14 13.10, 13.14 or 11.17 13.17 is conclusive.
Appears in 1 contract
Samples: Indenture (Polymer Group Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0312.03, 11.0612.06, 11.0712.09, 11.0812.10, 11.0912.14, 11.10, 11.14 12.17 or 11.17 12.20 is conclusive.
Appears in 1 contract
Samples: Indenture (School Specialty Inc)
Company Determination Final. Any determination that the ---------------------------- Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 1 contract
Samples: Indenture (Merrill Lynch & Co Inc)
Company Determination Final. Any determination that the Company or the Board of Directors Company Trustee(s) must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 1 contract
Samples: Indenture (Eaton Vance Corp)
Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 1 contract
Samples: Indenture (Jones Apparel Group Inc)
Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to Section 11.0312.3, 11.06Section 12.6, 11.07Section 12.7, 11.08Section 12.8, 11.09Section 12.9, 11.10Section 12.10, 11.14 Section 12.14 or 11.17 Section 12.17 hereof is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that --------------------------- the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusiveconclusive in the absence of manifest error.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0312.03, 11.0612.06, 11.0712.09, 11.0812.10, 11.09, 11.10, 11.14 12.14 or 11.17 12.17 is conclusive.
Appears in 1 contract
Samples: Indenture (Cke Restaurants Inc)
Company Determination Final. Any determination that ------------------------------------------ the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 1 contract
Samples: Indenture (Kohls Corporation)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, ----- ----- 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.. ----- ----- ----- ----- ----- -----
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03Sections 9.1, 11.0610.3, 11.0710.6, 11.0810.8, 11.09, 11.10, 11.14 10.9 or 11.17 10.11 is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.08, 11.08, 11.09, 11.10, 11.14 10.09 or 11.17 10.11 is conclusive.
Appears in 1 contract
Samples: Indenture (Rockdale Resources Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 11.11, 11.14, 11.15, 11.19 or 11.17 11.22 is conclusive.
Appears in 1 contract
Samples: Indenture (Allergan Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03Sections 11.02, 11.0611.04, 11.07, 11.08, 11.09, 11.10, 11.14 11.07 or 11.17 is 11.10 shall be conclusive.
Appears in 1 contract
Samples: Indenture (Lockheed Martin Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03SECTION 13.01, 11.0613.03, 11.0713.06, 11.0813.07, 11.0913.08, 11.1013.09, 11.14 13.13 or 11.17 13.16 is conclusive.
Appears in 1 contract
Samples: Indenture (Polymer Group Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0313.03, 11.0613.06, 11.0713.07, 11.0813.08, 11.0913.09, 11.1013.10, 11.14 13.14 or 11.17 13.17 is conclusive.
Appears in 1 contract
Samples: Indenture (Avon Products Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.3, 11.0610.6, 11.0710.8, 11.08, 11.09, 11.10, 11.14 10.9 or 11.17 10.11 is conclusive.
Appears in 1 contract
Samples: Indenture (Titan Corp)
