Common use of Conclusiveness of Statements; Survival of Provisions Clause in Contracts

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)

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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 22 contracts

Samples: Credit Agreement (Andalusian Credit Company, LLC), Credit Agreement (Morgan Stanley Direct Lending Fund), Credit Agreement (Lecg 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 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: Security Agreement (MIDDLEBY Corp), Credit Agreement (Middleby Corp), Pledge 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 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 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.), Term Loan Agreement (Semco Energy 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 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: Credit 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 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 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: Confirmation Credit Agreement (Tokheim Corp), Credit Agreement (Global Technovations Inc), Credit Agreement (Cupertino Electric 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 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 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 3 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 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 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 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 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 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 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 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 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 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 2 contracts

Samples: Term Loan Agreement, Intercreditor Agreement (United Rentals North America 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 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 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 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. 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

Samples: Credit Agreement (Net Perceptions 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 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

Samples: Credit Agreement (Digital Media Solutions, 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 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

Samples: Credit Agreement (Quest Resource Holding 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 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)

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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 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

Samples: Credit Agreement (Baldwin Technology 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 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 (Kv Pharmaceutical Co /De/)

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 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 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

Samples: Day Revolving Credit Agreement (Winmark Corp)

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

Samples: Credit Agreement (Huttig Building Products 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 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

Samples: Credit Agreement (Rohn Industries Inc)

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

Samples: Credit Agreement (Navigant Consulting Inc)

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.

Appears in 1 contract

Samples: Credit Agreement (Westell Technologies 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 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

Samples: Loan and Security Agreement (FrontView 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 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 any Notes, or expiration or termination of the Letters of Credit and any termination of this Agreement.

Appears in 1 contract

Samples: 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 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

Samples: Credit Agreement (Hollinger International 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 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

Samples: Credit Agreement (Focus Venture Partners, 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

Samples: 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 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

Samples: Credit Agreement (CTN Media Group 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 or Cash Collateralization of the Letters of Credit and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Xponential Fitness, 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 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

Samples: Credit Agreement (Greenlight Capital Re, Ltd.)

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

Samples: Credit Agreement (Patriot National, Inc.)

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