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 (Applied Power Capital Trust Ii), Indenture (Plexus Corp), Coastal Bancorp 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), 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 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), Alexion Pharmaceuticals Inc
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 10 is conclusive, absent manifest error.
Appears in 2 contracts
Samples: Indenture (Continental Homes Holding Corp), Indenture (Continental Homes Holding Corp)