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 16 contracts
Samples: Credit Agreement (Biolase, Inc), Credit Agreement (Biolase, Inc), Credit Agreement (Biolase, 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 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 (Rosetta Stone 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 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 (PNG Ventures Inc), Control Agreement (Earth Biofuels Inc), Credit Agreement (Earth Biofuels Inc)
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 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 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 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 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 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
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 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 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. 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
Conclusiveness of Statements; Survival. β 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
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
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
