CONCLUSIVE AND BINDING. Notwithstanding the foregoing, the obligations of the Lenders to make Loans hereunder shall not become effective unless each of the foregoing conditions is satisfied (or waived pursuant to Section 9.02) at or prior to 5:00 p.m., New York City time, on October 25, 2000 (and, in the event such conditions are not so satisfied or waived, the Commitments shall terminate at such time).
CONCLUSIVE AND BINDING. DETERMINATIONS The Security Trustee as between itself and the Sixth Issuer Secured Creditors shall have full power to determine all questions and doubts arising in relation to any of the provisions of this Deed and the other Sixth Issuer Transaction Documents and every such determination, whether made upon a question actually raised or implied in the acts or proceedings of the Security Trustee, shall be conclusive and shall bind the Security Trustee and the Sixth Issuer Secured Creditors.
CONCLUSIVE AND BINDING. DETERMINATIONS The Security Trustee as between itself and the Second Issuer Secured Creditors shall have full power to determine all questions and doubts arising in relation to any of the provisions of this Deed and the other Second Issuer Transaction Documents and every such determination, whether made upon a question actually raised or implied in the acts or proceedings of the Security Trustee, shall be conclusive and shall bind the Security Trustee and the Second Issuer Secured Creditors.
CONCLUSIVE AND BINDING. Unless otherwise expressly provided in the Incentive Plan or the LLC Agreement, all designations, determinations, interpretations and other decisions under or with respect to the Incentive Plan or any award made under the Incentive Plan shall be within the sole discretion of the Board, may be made at any time and shall be final, conclusive and binding upon all Persons, including the Company and its participating Affiliates, any Participant, any holder of Units, and any holder or beneficiary of any award made under the Incentive Plan. Such designations, determinations, interpretations and decisions by the Board need not be the same with respect to each Participant (whether or not such Participants are similarly situated).
CONCLUSIVE AND BINDING. DETERMINATIONS The Security Trustee as between itself and the Third Issuer Secured Creditors shall have full power to determine all questions and doubts arising in relation to any of the provisions of this Deed and the other Third Issuer Transaction Documents and every such determination, whether made upon a question actually raised or implied in the acts or proceedings of the Security Trustee, shall be conclusive and shall bind the Security Trustee and the Third Issuer Secured Creditors.
CONCLUSIVE AND BINDING. The Master Profile Primary Customer must verify the correctness of each Portfolio Statement and the Primary Customer for a Sub-Profile must verify the correctness of each Customer Advice. They shall notify the Bank promptly and in any case within fourteen (14) days from the date of such statement or advice (as the case may be), of any irregularities, discrepancies, omissions, errors, inaccuracies or incorrect entries in the contents of such statement or advice, which otherwise shall be conclusive and binding on all the Participants.
CONCLUSIVE AND BINDING. Survival. With respect to any additional amount or amounts owing by the Borrower pursuant to this Section 2.5, a statement of a Bank as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, a Bank may use any method of averaging and attribution that it (in its sole and absolute discretion) shall deem applicable. The obligation of the Borrower under this Section 2.5 shall survive the termination of this Agreement.
CONCLUSIVE AND BINDING on the Borrower unless shown by the Borrower to contain a manifest error.
CONCLUSIVE AND BINDING. Nothing in this definition of "Eligible Accounts" shall be construed to limit or release any right of Lender to any Collateral. Environmental Claim shall mean any third party (including Governmental Authorities and employees) action, lawsuit, claim or proceeding (including claims or proceedings at common law or under the Occupational Safety and Health Act or similar laws relating to safety of employees) which seeks to impose liability for (i) noise; (ii) pollution or contamination of the air, surface water, ground water or land or the clean-up of such pollution or contamination; (iii) solid, gaseous or liquid waste generation, handling, treatment, storage, disposal or transportation; (iv) exposure to Hazardous Substances; (v) the safety or health of employees; or (vi) the manufacture, processing, distribution in commerce or use of any Hazardous Substances. An "Environmental Claim" includes a common law action, as well as a proceeding to issue, modify or terminate an Environmental Permit, or to adopt or amend a regulation to the extent that such a proceeding attempts to redress violations of an applicable permit, license, or regulation as alleged by any Governmental Authority. Environmental Liabilities includes all liabilities arising from any Environmental Claim, Environmental Permit or Requirement of Environmental Law under any theory of recovery, at law or in equity, and whether based on negligence, strict liability or otherwise, including remedial, removal, response, abatement, restoration (including natural resources), investigative, monitoring, personal injury and damage to property or natural resources or injuries to persons, and any other related costs, expenses, losses, damages, penalties, fines, liabilities and obligations, and all costs and expenses necessary to cause the issuance, reissuance or renewal of any Environmental Permit, including reasonable attorneys' fees and court costs. Environmental Permit shall mean any permit, license, approval or other authorization under any applicable Legal Requirement relating to pollution or protection of health or the environment, including laws, regulations or other requirements relating to emissions, discharges, releases or threatened releases of pollutants, contaminants or hazardous substances or toxic materials or wastes into ambient air, surface water, ground water or land, or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of p...
CONCLUSIVE AND BINDING. Unless otherwise expressly provided in the Plan, all designations, determinations, interpretations, and other decisions under or with respect to the Plan or any Award or any documents evidencing Awards granted pursuant to the Plan shall be within the sole discretion of the Committee, may be made at any time and shall be final, conclusive and binding upon all persons or entities, including, without limitation, the Company, any Affiliate, any Participant, any holder or beneficiary of any Award, and any shareholder of the Company.
