Common use of Conclusiveness of Statements; Survival Clause in Contracts

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 or 3.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 17 contracts

Samples: Credit Agreement (Elutia Inc.), Credit Agreement (Biolase, Inc), Credit Agreement (Biolase, Inc)

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Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 3.3, 3.4 or 3.4 3.5 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.23.1, 3.2 and 3.5, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes Notes, expiration or termination of the Letters of Credit and termination of this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Performance Health Holdings Corp.), Credit Agreement (Performance Health Holdings Corp.), Credit Agreement (Compass Diversified Holdings)

Conclusiveness of Statements; Survival. Determinations and statements of any the Lender pursuant to Section 3.1, 3.2, 3.3 Sections 3.1 or 3.4 3.2 shall be conclusive absent demonstrable errorerror provided that the Lender or the Agent provides the Borrower with written notification of such determinations and statements. Lenders The Lender may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, 3.2 and the provisions of such Sections shall survive repayment of the LoansLoan, cancellation of the Notes and termination of this Agreement.

Appears in 6 contracts

Samples: Credit Agreement (CareView Communications Inc), Credit Agreement (CareView Communications Inc), Credit Agreement (Avinger Inc)

Conclusiveness of Statements; Survival. Determinations and statements of any the Lender pursuant to Section 3.1, 3.2, 3.3 Sections 3.1 or 3.4 3.2 shall be conclusive absent demonstrable errorerror provided that the Lender or the Agent provides Borrower with written notification of such determinations and statements. Lenders The Lender may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, 3.2 and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Merus Labs International Inc.), Credit Agreement (PDL Biopharma, Inc.), Credit Agreement (Merus Labs International Inc.)

Conclusiveness of Statements; Survival. (a) Determinations and statements of any Lender pursuant to Section 3.1, 3.2, or 3.3 or 3.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.23.1, 3.2 and 3.3, and the provisions of such Sections shall survive repayment of the LoansLoan, cancellation of the Notes and termination of this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Earth Biofuels Inc), Credit Agreement (Earth Biofuels Inc), Credit Agreement (PNG Ventures Inc)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section Sections 3.1, 3.2, 3.3 3.3, 3.4 or 3.4 3.5 shall be conclusive absent demonstrable error. Lenders Lender may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.23.1, 3.2 and 3.5 and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes Notes, if any, and termination of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Atlas Industries Holdings LLC), Credit Agreement (Atlas Industries Holdings LLC), Credit Agreement (Atlas Industries Holdings LLC)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 3.2 or 3.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, and the provisions of such Sections shall survive repayment of the LoansLoan, cancellation of the Notes and termination of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 3.2 or 3.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Aralez Pharmaceuticals Inc.), Credit Agreement (Aralez Pharmaceuticals Inc.), Credit Agreement (Aralez Pharmaceuticals Inc.)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 or 3.4 3.1 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, and the provisions of such Sections Section shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Acer Therapeutics Inc.), Credit Agreement (Acer Therapeutics Inc.), Credit Agreement (Acer Therapeutics Inc.)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 3.3, 3.4 or 3.4 3.5 shall be conclusive rebuttably presumptive evidence absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.23.1, 3.2 and 3.5, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes Notes, expiration or termination of the Letters of Credit and termination of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Performant Financial Corp), Credit Agreement (AmWINS GROUP INC)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to this Section 3.1, 3.2, 3.3 or 3.4 3 shall be conclusive absent demonstrable error. Lenders Lender may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, this Section 3 and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (5.11 Abr Corp.), Credit Agreement (Fox Factory Holding Corp)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 or 3.4 shall be conclusive absent demonstrable manifest error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Hooper Holmes Inc), Credit Agreement (Hooper Holmes Inc)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 3.3, 3.4 or 3.4 3.5 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.23.1, 3.2 and 3.5, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section Sections 3.1, 3.2, 3.3 3.3, 3.4 or 3.4 3.5 shall be conclusive absent demonstrable error. Lenders Lender may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.23.1, 3.2 and 3.5 and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Compass Diversified Trust)

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Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 3.1 or 3.4 3.2 shall be conclusive rebuttably presumptive evidence absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Performant Financial Corp)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 3.3, 3.4 or 3.4 3.5 shall be conclusive rebuttably presumptive evidence absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.23.1, 3.2 and 3.5, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Second Lien Credit Agreement (AmWINS GROUP INC)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 Sections 3.1 or 3.4 3.2 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, 3.2 and the provisions of such Sections shall survive repayment of the LoansLoan, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (PNG Ventures Inc)

Conclusiveness of Statements; Survival. β€Œ Determinations and statements of any Lender pursuant to Section Sections 3.1, 3.2, 3.3 3.3, 3.4 or 3.4 3.5 shall be conclusive absent demonstrable error. The Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.23.1, 3.2 and 3.5, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes Notes, expiration or termination of the Letters of Credit and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement

Conclusiveness of Statements; Survival. (a) Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 or 3.4 3.3. shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, 3.2 and 3.3, and the provisions of such Sections shall survive repayment of the LoansLoan, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Earth Biofuels Inc)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 or 3.4 3.5 shall be conclusive absent demonstrable error. The Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.22.7, 3.1, 3.2 and 3.5, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Microvast Holdings, Inc.)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 or 3.4 3.1 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution #155151395 methods in determining compensation under Sections 3.1 or 3.2, and the provisions of such Sections Section shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Acer Therapeutics Inc.)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Section 3.1, 3.2, 3.3 or 3.4 shall be conclusive absent demonstrable manifest error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 3.1 or 3.2, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Hooper Holmes Inc)

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to this Section 3.1, 3.2, 3.3 or 3.4 3 shall be conclusive absent demonstrable error. Lenders Lender may use reasonable averaging and attribution methods in determining compensation under this Sections 3.1 or 3.2, 3 and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Staffmark Holdings, Inc.)

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