Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 25 contracts
Samples: Credit Agreement (Continental Materials Corp), Credit Agreement, Credit Agreement (Landauer Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 23 contracts
Samples: Credit Agreement (Jefferies Credit Partners BDC Inc.), Credit Agreement (Andalusian Credit Company, LLC), Credit Agreement (Morgan Stanley Direct Lending Fund)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of any the Notes, cancellation or expiration or termination of the Letters of Credit and any termination of this Agreement.
Appears in 9 contracts
Samples: Credit Agreement (Regal Beloit Corp), Credit Agreement (Regal Beloit Corp), Credit Agreement (Regal Beloit Corp)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, Loans cancellation of any Notes, or expiration or termination of the Letters of Credit and any termination of this Agreement.
Appears in 7 contracts
Samples: Credit Agreement (MIDDLEBY Corp), Credit Agreement (Middleby Corp), Credit Agreement (Middleby Corp)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, or 8.3 or 8.4 shall will be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4Section 8.1, and the provisions of such Sections shall Section 8.1 will survive repayment of the Obligations, cancellation of any NotesNote(s), expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 6 contracts
Samples: Credit Agreement (Moneylion Inc.), Credit Agreement (Moneylion Inc.), Credit Agreement (Moneylion Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Notes and termination of this Agreement.
Appears in 5 contracts
Samples: Term Loan Agreement (Sentio Healthcare Properties Inc), Term Loan Agreement (Tandem Health Care, Inc.), Credit Agreement (Proquest Co)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any a Lender pursuant to Sections 8.14.2.1, 8.24.2.2, 8.3 4.2.3 or 8.4 4.2.4 shall be conclusive absent demonstrable error. Lenders Each Lender may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 4.2.1 and 8.44.2.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 5 contracts
Samples: Loan and Security Agreement (S&W Seed Co), Loan and Security Agreement (Broadwind Energy, Inc.), Loan and Security Agreement (Manitex International, Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of the Notes and any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Regal Rexnord Corp), Credit Agreement (Rexnord Corp), Credit Agreement (U S Aggregates Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any NotesNote(s), expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Infrastructure & Energy Alternatives, Inc.), Credit Agreement (Primoris Services Corp), Credit Agreement (Primoris Services Corp)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 Section 8.1 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4Section 8.1, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 4 contracts
Samples: Forbearance Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to the foregoing provisions of this Sections 8.1, 8.2, 8.3 or 8.4 8 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any NotesNote(s), expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of any the Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Tokheim Corp), Credit Agreement (Cupertino Electric Inc), Credit Agreement (Global Technovations Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender or the Issuing Bank pursuant to Sections Section 7.6, 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders and the Issuing Bank may use reasonable averaging and attribution methods in determining compensation under Sections 7.6, 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsObligations (other than unasserted contingent indemnification obligations), cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections Section 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Huron Consulting Group Inc.), Credit Agreement (Huron Consulting Group Inc.), Credit Agreement (Huron Consulting Group Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any a Lender pursuant to Sections 8.1Section 2.11, 8.22.12, 8.3 or 8.4 2.13 shall be conclusive absent demonstrable error. Lenders Each Lender may use reasonable averaging and attribution methods in determining compensation under pursuant to such Sections 8.1 and 8.42.11, 2.12, or 2.13 and the provisions of such Sections 2.11, 2.12, and 2.13 and the obligations of the Borrowers thereunder shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, Section 8.1 or 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4Section 8.1, and the provisions of such Sections shall Section 8.1 will survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Note(s) and termination of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (AgileThought, Inc.), Credit Agreement (LIV Capital Acquisition Corp.), Credit Agreement (AgileThought, Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, or 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4Section 8.1, and the provisions of such Sections shall Section 8.1 will survive repayment of the Obligations, cancellation of any NotesNote(s), expiration or termination or Cash Collateralization of the Letters any Letter of Credit and termination of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (AgileThought, Inc.), Credit Agreement (AgileThought, Inc.), Credit Agreement (LIV Capital Acquisition Corp.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any the Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders Lender may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Note and termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Weyco Group Inc), Credit Agreement (Weyco Group Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1Section 10.01, 8.210.02, 8.3 10.03, 10.04 or 8.4 10.05 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 10.01, 10.04 and 8.410.05, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of Loans and any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Pentair Inc), Long Term Credit Agreement (Pentair Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be made in good faith and shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Notes and termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Aviv REIT, Inc.), Credit Agreement (Aviv REIT, Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1Section 9.1, 8.29.2, 8.3 9.3 or 8.4 9.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in -45- determining compensation under Sections 8.1 9.1 and 8.49.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of any the Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Thane International Inc), Credit Agreement (Thane International Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of any the Notes, cancellation or expiration or termination of the Letters of Credit and any termination of this Agreement.. SECTION 9
Appears in 2 contracts
Samples: Credit Agreement (Middleby Corp), Credit Agreement (Middleby Corp)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders Each Lender may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notesthe Note, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Winmark Corp), Revolving Credit Agreement (Winmark Corp)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 7.6, 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 7.6, 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsObligations (other than unasserted contingent indemnification obligations), cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4and, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (SP Plus Corp), Credit Agreement (Standard Parking Corp)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable manifest error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 2 contracts
Samples: Term Loan Agreement (Green Plains Inc.), Term Loan Agreement (Green Plains Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4and, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and/or Existing Letters of Credit and termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (Standard Parking Corp)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 7.6, 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive the expiration or termination of the Commitments, the repayment of the ObligationsLoans and all other obligations of the Company hereunder, cancellation of any Notes, the expiration or termination of the Letters of Credit and the termination of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (American Italian Pasta Co), Credit Agreement (American Italian Pasta Co)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 the foregoing provisions of this Section 3.10 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 3.10(a) and 8.43.10(d), and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Note(s) and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 the foregoing provisions of this Section 8 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections Section 8.1 and Section 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Note(s) and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 the foregoing provisions of this Section 3.9 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.43.1 or 3.3, and the provisions of such Sections shall survive repayment of the ObligationsLiabilities, cancellation of any Notes, expiration or termination of the Letters of Credit Note(s) and termination of this Agreement.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable manifest error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.. 50 Patriot National Credit Agreement
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any the Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders The Lender may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notesthe Note, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, ------------ --- 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use --- --- reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall ------------ --- survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Notes and termination of this Agreement.
Appears in 1 contract
Samples: Guaranty and Collateral Agreement (Sei Investments Co)
Conclusiveness of Statements; Survival of Provisions. Determinations ---------------------------------------------------- and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be --- --- --- conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and ------------ --- the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of the Notes and any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Samples: Quarterly Report
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections and of Section 7.6 shall survive repayment of the Obligations, cancellation of any Notes, expiration expiration, termination or termination cancellation of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Uti Worldwide Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations ---------------------------------------------------- and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be ----------- --- --- --- conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and ------------ --- the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of the Notes and any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Samples: Term Loan Agreement (United Rentals North America Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations Except as otherwise provided in Sections 8.1, 8.2, 8.3 and statements 8.4, determinations of any Lender pursuant to Sections 8.1, 8.2, 8.3 or and 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Multi Color Corp)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 Section 8.1 shall be conclusive absent demonstrable manifest error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.48.1, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of any the Notes, cancellation or expiration or termination of the Letters of Credit and any termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be set forth in a certificate executed by the applicable Lender(s) and delivered to the applicable Borrower(s) conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections Section 8.1 and 8.4, and the provisions of such Sections and of Section 7.6 shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Notes and termination of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (UTi WORLDWIDE INC)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and/or Existing Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any the Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders The Lender may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notesthe Note, expiration or termination of the Letters of Credit and termination of this Agreement.
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Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 Section 3.9 and/or 3.10 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 Section 3.9 and 8.43.10, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of any Notes, or expiration or termination of the Letters of Credit and any termination of this Agreement.
Appears in 1 contract
Samples: Fifth Amended and Restated Credit Agreement (Hollinger International Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or ----------- --- --- 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable --- averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections ------------ --- shall survive repayment of the ObligationsLoans, cancellation of the Notes and any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 8.3, or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, or 8.3 or 8.4 shall 8.7 will be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4Section 8.1, and the provisions of such Sections shall Section 8.1 will survive repayment of the Obligations, cancellation of any NotesNote(s), expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders Lender may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of any Notes, expiration or termination of the Letters of Credit Note and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any NotesNote(s), expiration or termination or Cash Collateralization of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. The Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, or 8.3 or 8.4 shall will be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4Section 8.1, and the provisions of such Sections shall Section 8.1 will survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Note(s) and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender or Agent pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans, cancellation of any the Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of any Lender pursuant to Sections Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the ObligationsLoans and Acceptances, cancellation of any Notes, or expiration or termination of the Letters of Credit and any termination of this Agreement.
Appears in 1 contract
