Determination Conclusive. Each determination of an interest rate by the Administrative Agent pursuant to any provisions of this Agreement shall be conclusive and binding on the Borrower and the Banks in the absence of manifest error. The Administrative Agent shall, at the request of the Borrower, deliver to the Borrower a statement showing in reasonable detail the quotations used by the Administrative Agent in determining the LIBOR Rate.
Determination Conclusive. As between itself and the Noteholders, Couponholders and Talonholders, the Trustee may determine all questions and doubts arising in relation to any of the provisions of this Trust Deed. Every such determination, whether made upon such a question actually raised or implied in the acts or proceedings of the Trustee, will be conclusive and shall bind the Trustee, the Noteholders, the Couponholders and the Talonholders.
Determination Conclusive. Each determination by the Administrative Agent or the Lenders, as applicable, of any rate or fee shall, in the absence of manifest error, be final, conclusive and binding on the Borrowers.
Determination Conclusive. The determination of any Flexible Interest Rate, Daily Interest Rate, Weekly Interest Rate and Term Interest Rate and each Flexible Segment by the Remarketing Agent shall be conclusive and binding upon the Remarketing Agent, the Trustee, the Paying Agent, the Issuer, the Company and the Owners of the Bonds.
Determination Conclusive. Each time the rate or manner or time of payment or mode of computation of any rate or other charges is determined by MDV in accordance with the provisions of this Agreement, MDV shall as soon as practicable notify the Customer thereof. Any notification or determination by MDV under the terms of this Agreement shall be conclusive and binding for the purposes of this Agreement save for manifest error. Any failure or delay on the part of MDV to give notice to the Customer in accordance with this Agreement shall not exempt the Customer from its obligation to pay the Facility and other charges in accordance with the provisions of this Agreement.
Determination Conclusive. The determination of any Bond Interest Term Rate, Daily Interest Rate, Weekly Interest Rate and Long-Term Interest Rate and each Bond Interest Term and the calculation of interest payable on the Bonds by the Remarketing Agent shall be conclusive and binding upon such Remarketing Agent, the Trustee, the Tender Agent, the Issuer, the Borrower, the Bank and the Owners of the Bonds.
Determination Conclusive. The determination by the Facility Agent of any interest payable under this Clause 10 shall be prima facie evidence of the relevant amount payable.
Determination Conclusive. As between itself and the Noteholders, the Trustee may determine all questions and doubts arising in relation to any of the provisions of the SK Loan Schedule of which it has the benefit. Such determinations, whether made upon such a question actually raised or implied in the acts or proceedings of the Trustee, shall be conclusive and shall bind the Trustee and the Noteholders.
Determination Conclusive. Each determination by the Lender of any rate or fee shall be prima facie evidence thereof.
Determination Conclusive. Any redetermination of the Borrowing Base by the Required Lenders shall be final, binding and conclusive. Without in any manner limiting the discretion of the Required Lenders in making any redetermination of the Borrowing Base, the Required Lenders specifically reserve the right to exclude:
(i) properties, assets, undertakings and contractual rights in respect of which, in the reasonable opinion of the Required Lenders, the Agent does not then hold (and subject only to Permitted Encumbrances) a lawful, valid, binding and enforceable Security Interest by way of a fixed charge on any real or personal property purported to be subjected to a fixed charge pursuant to the Security, a first floating charge on real property and a first Security Interest in respect of personal property; and
(ii) properties or assets which, in the reasonable opinion of the Required Lenders, are subject to a title defect (other than a Permitted Title Defect) unless and to the extent that the circumstances or events giving rise to such title defect are reversed or eliminated to the reasonable satisfaction of the Agent.
