Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 13 shall be conclusive if made in good faith and in accordance with the provisions of this Article 13, absent manifest error, and set forth in a Board Resolution.
Appears in 5 contracts
Samples: Indenture (Endeavour Silver Corp), Indenture (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 13 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 13, 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 Corporation or its the Board of Directors must make pursuant to this Article 13 shall be Sections 4.02 through 4.09 hereof is conclusive if made in good faith and in accordance with the provisions absence of this Article 13, absent manifest error, and set forth in a Board Resolutionerror or bad faith.
Appears in 4 contracts
Samples: Interim Investors Agreement, Securities Purchase Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Sanchez Energy Corp)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article Section 13 shall be is (absent manifest error) conclusive if such determination is made in good faith and in accordance with the provisions of this Article 13, absent manifest error, and set forth in a Board ResolutionWarrant Agreement.
Appears in 3 contracts
Samples: Assumption 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 13 shall be Sections 2(b) through 2(n) hereof is conclusive if made in good faith and in accordance with the provisions absence of this Article 13, absent manifest error, and set forth in a Board Resolutionerror or bad faith.
Appears in 3 contracts
Samples: Warrant Agreement (Calumet, Inc. /DE), Conversion Agreement (Calumet Specialty Products Partners, L.P.), Conversion Agreement (Calumet Specialty Products Partners, L.P.)
Company Determination Final. Any determination that the Company or its Board of Directors must make pursuant to this Article 13 5 shall be conclusive if made in good faith and in accordance with the provisions of this Article 13faith, absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Intermune Inc), First Supplemental Indenture (Intermune Inc)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 13 shall be conclusive if Section 6 which is made in good faith and in accordance with the provisions of this Article 13, shall be conclusive absent manifest error, and set forth in a Board Resolution.
Appears in 2 contracts
Samples: Warrant Agreement (Magellan Health Services Inc), Warrant Agreement (Magellan Health Services Inc)
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 13 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 13, 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 Board the board of Directors directors of the Company must make pursuant to this Article 13 Section 7 shall be conclusive if made in good faith and in accordance with the provisions of this Article 13conclusive, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Company Determination Final. Any determination that the Company or its the Board of Directors must make pursuant to this Article 13 shall be Section 6.01(a) through (h) hereof is conclusive if made in good faith and in accordance with the provisions absence of this Article 13, absent manifest error, and set forth in a Board Resolutionerror or bad faith.
Appears in 1 contract
Samples: Warrant Agreement (Harvest Natural Resources, Inc.)
Company Determination Final. Any determination that the Company or its the Board of Directors --------------------------- of the Company must make pursuant to this Article 13 Section 12 shall be conclusive if made in good faith and in accordance with the provisions of this Article 13conclusive, absent manifest error, and set forth in a Board Resolution.
Appears in 1 contract
Company Determination Final. Any determination that the Company Corporation or its the Board of Directors must make pursuant to this Article 13 shall be Sections 4.02 through 4.0909 hereof is conclusive if made in good faith and in accordance with the provisions absence of this Article 13, absent manifest error, and set forth in a Board Resolutionerror or bad faith.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sanchez Energy Corp)
