Determination and Certification Sample Clauses
Determination and Certification. At a meeting of the Committee occurring after the Committee has received the Company’s audited financial statements for the fiscal year ending with the end of the Performance Period, the Committee shall determine and certify in writing the level of achievement of the Performance Criteria described on Exhibit A and the resulting portion of the Performance Unit Award, if any, which is an Earned Award. The Company shall promptly notify the Participant of the determination by the Committee.
Determination and Certification. 16.1 For the purposes of this Guarantee, the Security Agent shall solely determine whether an event, circumstance or other relevant situation is “material” or whether any matter or thing is necessary or desirable or calling for a determination and the Security Agent's determination shall be conclusive and binding on the Guarantor.
16.2 For all purposes, including any legal proceedings, a certificate by any of the officers of the Security Agent as to the sums and liabilities for the time being due or incurred to the Secured Parties by the Borrower or the Guarantor under the Finance Documents and/or this Guarantee shall be conclusive and binding on the Guarantor.