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 (Laboratory Corp of America Holdings)
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. Section 11.18.
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 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: Indenture (Sirius Satellite Radio Inc), Execution (Sirius Satellite Radio Inc), Sirius Satellite Radio Inc
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 (American Express Co), Wells Fargo & Co/Mn
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), Indenture (Atmel Corp), Supplemental Indenture (Arrow Electronics 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 (RPM International Inc/De/), Indenture (Selective Insurance Group Inc), Indenture (Horace Mann Educators Corp /De/)
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), Pledge Agreement (Excel Legacy Corp), 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, 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 11.03, 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 Sections 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 hereof is conclusive.
Appears in 2 contracts
Samples: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/)
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 (Marriott International Inc /Md/), Danaher Corp /De/
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: Rights Agreement, Synetic 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 11.11, 11.15 or 11.17 11.18 is conclusive.
Appears in 2 contracts
Samples: Countrywide Financial Corp, Countrywide Home Loans 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 conclusiveconclusive in the absence of manifest error.
Appears in 2 contracts
Samples: Indenture (Valassis Communications Inc), Enron Corp/Or/
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), Novellus Systems 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 10.11, 10.15 or 11.17 10.18 is conclusive.
Appears in 2 contracts
Samples: Indenture (Apex Silver Mines LTD), Apex Silver Mines LTD
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
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 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.. SECTION 7.17
Appears in 2 contracts
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: Cendant Corp, Xl Capital LTD
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: Amr 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 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: Rockdale Resources Corp
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: Cke Restaurants 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: Eaton Vance Corp
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
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: Titan Corp
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
Samples: Tarragon Realty Investors Inc
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.038.3, 11.068.4, 11.078.6, 11.088.7, 11.098.8, 11.108.9, 11.14 8.10, 8.12, 8.14 or 11.17 8.15 of this Third Supplemental Indenture is conclusive.
Appears in 1 contract
Samples: Third Supplemental Indenture (Continental Airlines Inc /De/)
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 1 contract
Samples: Beverly Enterprises Inc
Company Determination Final. Any determination and/or calculation that the Company or the Board of Directors must make pursuant to Section 11.033.02, 11.063.06, 11.078.05, 11.089.01, 11.099.03, 11.109.06, 11.14 9.07, 9.08, 9.09, 9.10, 9.11, 9.12, 9.13, 9.14, 9.15, 9.17, 9.20, 9.22, 9.23 or 11.17 12.10 is conclusive, absent manifest error.
Appears in 1 contract
Samples: Indenture (Saks 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
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 11.037.3, 11.067.6, 11.077.7, 11.087.8, 11.097.9, 11.107.10, 11.14 7.14 or 11.17 7.17 is conclusive.
Appears in 1 contract
Samples: Aol Time Warner 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: Kohls Corporation
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.038.3, 11.068.6, 11.078.7, 11.088.8, 11.098.9, 11.10, 11.14 8.10 or 11.17 8.14 of this Supplemental Indenture is conclusive.
Appears in 1 contract
Samples: American Airlines Inc
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.038.3, 11.068.4, 11.078.6, 11.088.7, 11.098.8, 11.108.9, 11.14 8.10, 8.12, 8.14 or 11.17 8.15 of this Supplemental Indenture 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 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: Lockheed Martin 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 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 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: Section Indenture (Allergan Inc)
