Common use of Conclusiveness of Statements; Survival Clause in Contracts

Conclusiveness of Statements; Survival. Determinations and statements of any Lender pursuant to Sections 3.1 or 3.2 shall be conclusive absent manifest error provided that such Lender or the Agent provides the Borrower with written notification of such determinations and statements. Each Lender 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 (Baudax Bio, Inc.), Credit Agreement (Workhorse Group Inc.)

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Conclusiveness of Statements; Survival. Determinations and statements of any the Lender pursuant to Sections 3.1 or 3.2 shall be conclusive absent manifest error provided that such the Lender or the Agent provides the Borrower with written notification of such determinations and statements. Each The Lender 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 (Adma Biologics, Inc.)

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Conclusiveness of Statements; Survival. Determinations and statements of any the Lender pursuant to Sections 3.1 or 3.2 shall be conclusive absent manifest demonstrable error provided that such the Lender or the Agent provides provided the Borrower Borrowers with written notification of such determinations and statements. Each The Lender 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 1 contract

Samples: Credit Agreement (Durata Therapeutics, Inc.)

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