Company Determination Final. Any determination that the Board of Directors makes pursuant to this Article 9 or consistent with terms provided for in any Securities Resolution is conclusive, absent manifest error.
Appears in 14 contracts
Samples: Indenture (Western Resources Inc /Ks), Indenture (Plexus Corp), Indenture (Microtune Inc)
Company Determination Final. Any determination that the Board of Directors makes pursuant to this Article 9 or consistent with terms provided for in any Securities Resolution Ten is conclusive, absent manifest error.
Appears in 4 contracts
Samples: Indenture (Scios Inc), Indenture (Charming Shoppes Inc), Indenture (Venator Group Inc)
Company Determination Final. Any determination that the Board of Directors makes pursuant to this Article 9 Twelve or consistent with terms provided for in any Securities Board Resolution is conclusive, absent manifest error.
Appears in 4 contracts
Samples: Indenture (ONE Gas, Inc.), Indenture (ONE Gas, Inc.), Indenture (Oneok Inc /New/)
Company Determination Final. Any determination and/or calculation that the Company or the Board of Directors makes must make pursuant to this Article 9 or consistent with terms provided for in any Securities Resolution 10 is conclusive, absent manifest error.
Appears in 3 contracts
Samples: Indenture (Rh), Indenture (Rh), Indenture (Restoration Hardware Holdings Inc)
Company Determination Final. Any determination that the Board of Directors makes pursuant to this Article 9 or consistent with terms provided for in any Securities Resolution is conclusive, absent manifest error.
Appears in 2 contracts
Samples: Indenture (Gilead Sciences Inc), Indenture (Alexion Pharmaceuticals Inc)
Company Determination Final. Any determination that the Board of Directors makes must make pursuant to this Article 9 or consistent with terms provided for in any Securities Resolution 10 is conclusive, absent manifest error.
Appears in 2 contracts
Samples: Indenture (Continental Homes Holding Corp), Indenture (Continental Homes Holding Corp)
Company Determination Final. Any determination that the Board of Directors makes in good faith pursuant to this Article 9 or consistent with terms provided for in any Securities Resolution 8 is conclusive, absent manifest error.
Appears in 2 contracts
Samples: Convertible Note Agreement, Convertible Note Agreement (Aquantive Inc)
Company Determination Final. Any determination that the Board of Directors makes must make pursuant to this Article 9 or consistent with terms provided for in any Securities Resolution 13 is conclusive, absent manifest error.
Appears in 1 contract
