DECISIONS BY THE LENDERS. In any case where the materiality of any matter, event or consequence is in question, the Facility Agent shall be entitled (but not bound) to determine the same without reference to the Lenders. Any acknowledgement given by the Facility Agent to any Obligor that any matter, event or consequence is not material shall be binding on the Lenders. The Facility Agent shall, unless it reasonably considers the matter in question not to be material, be bound (and shall in any event be entitled) to notify to the Lenders any question relating to the exercise by the Facility Agent of any discretion, or to the giving or withholding by it of any approval or waiver, or of any matter dependent on its opinion, for any purposes under the Finance Documents.
Appears in 2 contracts
Samples: Agreement (Bema Gold Corp /Can/), Agreement (Bema Gold Corp /Can/)
DECISIONS BY THE LENDERS. In Except to the extent otherwise provided in any Finance Document, in any case where the materiality of any matter, event or consequence is in question, the Facility Agent shall be entitled (but not bound) to determine the same without reference to the Lenders. Any acknowledgement given by the Facility Agent to any Obligor that any matter, event or consequence is not material shall be binding on the Lenders. The Facility Agent shall, unless it reasonably considers the matter in question not to be material, be bound (and shall in any event be entitled) to notify to the Lenders any question relating to the exercise by the Facility Agent of any discretion, or to the giving or withholding by it of any approval or waiver, or of any matter dependent on its opinion, for any purposes under the Finance Documents.
Appears in 1 contract
Samples: Conformed (Randgold Resources LTD)
DECISIONS BY THE LENDERS. In any case where the materiality of any matter, event or consequence is in question, the Facility Agent shall be entitled (but not bound) to determine the same without reference to the Lenders. Any acknowledgement given by the Facility Agent to any Obligor that any matter, event or consequence is not material shall be binding on the Lenders. The Facility Agent shall, unless it reasonably considers the matter in question not to be material, be bound (and shall in any event be entitled) to notify to the Lenders any question relating to the exercise by the Facility Agent of any discretion, or to the giving or withholding by it of any approval or waiver, or of any matter dependent on its opinion, for any purposes under the Finance Loan Documents.
Appears in 1 contract
Samples: Execution (Randgold Resources LTD)