Common use of Company Determination Final Clause in Contracts

Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article Fifteen is conclusive in the absence of manifest error.

Appears in 4 contracts

Samples: Supplemental Indenture (Pride International Inc), Supplemental Indenture (Pride International Inc), Supplemental Indenture (Pride International Inc)

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Company Determination Final. Any determination and/or calculation that the Company or the Board of Directors must make pursuant to this Article Fifteen 10 is conclusive in the absence of conclusive, absent manifest error.

Appears in 3 contracts

Samples: Fundamental Change Purchase (Rh), Fundamental Change Purchase (Rh), Indenture (Restoration Hardware Holdings Inc)

Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to this Article Fifteen is V shall be conclusive in the absence of absent manifest error.

Appears in 2 contracts

Samples: Warrant Agreement (Orius Corp), Warrant Agreement (Dayton Superior Corp)

Company Determination Final. Any determination that the Company or the Board of Directors must may make pursuant to this Article Fifteen is conclusive in the absence of Section 13 shall be conclusive, absent manifest error.

Appears in 2 contracts

Samples: Warrant Agreement (Cenveo, Inc), Warrant Agreement (Louisiana-Pacific Corp)

Company Determination Final. Any determination that the Company --------------------------- or the Board of Directors of the Company must make pursuant to this Article Fifteen V is conclusive in the absence of absent manifest error.

Appears in 1 contract

Samples: Warrant Agreement (Equinix Inc)

Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to this Article Fifteen is conclusive in the absence of 17 shall, absent manifest error, be conclusive.

Appears in 1 contract

Samples: Conexant Systems Inc

Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article Fifteen 13 is conclusive in the absence of conclusive, absent manifest error.

Appears in 1 contract

Samples: Note Purchase Agreement (Prison Realty Corp)

Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article Fifteen is 15 shall be conclusive and binding on the Holders and the parties to the Indenture if made in the absence of good faith, absent manifest error.

Appears in 1 contract

Samples: Claiborne Liz Inc

Company Determination Final. Any determination that the Company --------------------------- or the Board of Directors of the Company must make pursuant to this Article Fifteen V is conclusive conclusive, in the absence of manifest error.

Appears in 1 contract

Samples: Warrant Agreement (Diva Systems Corp)

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Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article Fifteen is 13 shall be conclusive and binding on the Holders and the parties to this Indenture if made in the absence of good faith, absent manifest error.

Appears in 1 contract

Samples: Indenture (Foresight Energy LP)

Company Determination Final. Any determination that the Company or the Board board of Directors directors of the Company must make pursuant to this Article Fifteen is conclusive in the absence of Section 13 shall be conclusive, absent manifest error.

Appears in 1 contract

Samples: Warrant Agreement (Huntsman CORP)

Company Determination Final. Any determination that the Company or the Board of Directors --------------------------- of the Company must make pursuant to this Article Fifteen is conclusive in the absence of Section 12 shall be conclusive, absent manifest error.

Appears in 1 contract

Samples: Warrant Agreement (Harborside Healthcare Corp)

Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to this Article Fifteen is Ten shall be conclusive if made in good faith and in accordance with the absence provisions of this Article, absent manifest error.

Appears in 1 contract

Samples: American International Group Inc

Company Determination Final. Any determination that the Company or the Board board of Directors directors of the Company must make pursuant to this Article Fifteen is conclusive in the absence of Section 12 shall be conclusive, absent manifest error.

Appears in 1 contract

Samples: Warrant Agreement (Jostens Inc)

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