Determination of Amounts. Whenever a Priority Debt Representative shall be required, in connection with the exercise of its rights or the performance of its obligations hereunder, to determine the existence or amount of any First-Out Obligations (or the existence of any commitment to extend credit that would constitute First-Out Obligations), or Second-Out Obligations, or the existence of any Lien securing any such obligations, or the Shared Collateral subject to any such Lien, it may request that such information be furnished to it in writing by the other Priority Debt Representative and shall be entitled to make such determination on the basis of the information so furnished; provided, however, that if a Priority Debt Representative shall fail or refuse reasonably promptly to provide the requested information, the requesting Priority Debt Representative shall be entitled to make any such determination by such method as it may, in the exercise of its good faith judgment, determine, including by reliance upon a certificate of the Borrower. Each Priority Debt Representative may rely conclusively, and shall be fully protected in so relying, on any determination made by it in accordance with the provisions of the preceding sentence (or as otherwise directed by a court of competent jurisdiction) and shall have no liability to the Borrower or any of their subsidiaries, any Priority Secured Party or any other Person as a result of such determination.
Determination of Amounts. The Death Benefit is equal to the greater of:
Determination of Amounts. This Contract provides a Death Benefit called the Enhanced Guaranteed Minimum Death Benefit (EGMDB), if in effect. If the EGMDB was not available at issue or was terminated, then the Death Benefit is equal to the Guarantee of Principal. The EGMDB is equal to the greater of:
Determination of Amounts. The Company and the Operating Partnerships on the one hand, and each holder of the Class A Preferred Units on the other hand, hereby agree that any calculations in connection with the mandatory redemption provisions of Section 6, including, but not limited to, the Discretionary Basket, calculations of Economic Income (including the methodology set forth on Schedule A hereto), Committed Cash, Total Cash and Free Cash Balance shall be calculated without duplication; provided further that amounts described in the definition of Committed Cash shall be calculated without duplication with respect to any amounts described in the definition of Economic Income.
Determination of Amounts. The Enhanced Guaranteed Minimum Death Benefit (EGMDB) option will be the Death Benefit option effective as of the Contract Date for the following:
Determination of Amounts. The Manager shall determine the amount of each Fund’s net income and net realized capital gains for each taxation year. In so doing, the Manager may modify the method specified in Section 16.3 or 16.4, where the modification is, in the Manager’s opinion, necessary or desirable so as to obtain more favourable results under the Tax Act for a Fund or its Unitholders. For greater certainty, such modifications may involve the deduction of expenses in computing net realized capital gains rather than their deduction in computing net income, or the deduction of non-capital losses for prior taxation years in computing net realized capital gains. A decision by the Manager to modify the method for determining a Fund’s net income or net realized capital gains for a taxation year shall be effective only if made before the end of the taxation year (or, where the taxation year ends on December 15, before the end of the calendar year that includes the end of the taxation year). Amounts referred to in Sections 16.3 and 16.4 that are defined in the Tax Act are to be determined in accordance with the Tax Act.
Determination of Amounts. (a) In the absence of manifest error, any amounts, values, indices or thresholds to be determined or calculated hereunder shall be made by the Manager in good faith, and shall be final and binding on the Parties hereto. The Manager shall have the discretion to round any amount calculated hereunder to the next lower whole number, the nearest whole number or otherwise, provided, that the rounding of such amount does not result in a variation greater than 0.02% (zero point zero two percent) from the result of such calculation without taking into account such rounding.
(b) Unless otherwise expressly indicated herein, any amounts in currencies other than Pesos will be converted into Pesos at the prevailing exchange rate in effect published by Banco de México in the Official Gazette of the Federation (Diario Oficial de la Federación), as determined by the Manager.
Determination of Amounts. All computations and determinations called for by this Section 4 shall be promptly determined and reported in writing to the Company and the Participant by independent public accountants or other independent advisors selected by the Company (the "Accountants"), and all such computations and determinations shall be conclusive and binding upon the Participant and the Company. For the purposes of such determinations, the Accountants may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Company and the Participant shall furnish to the Accountants such information and documents as the Accountants may reasonably request in order to make their required determinations. The Company shall bear all fees and expenses charged by the Accountants in connection with such services.
Determination of Amounts. For purposes of applying the limitations of paragraph 1 hereof, the amounts of payments and the value of benefits shall be determined by Ernst & Young LLP on a basis consistent with the methodology and assumptions used in the E&Y Calculations.
Determination of Amounts. In determining any amount provided for in this Section 4.4, a Secured Party may use any reasonable averaging and attribution methods. Any Secured Party making a claim under this Section shall submit to the applicable Borrower Party a written description as to such amounts (including reasonable detail regarding the calculation of such amounts). Failure or delay on the part of any Secured Party to demand amounts pursuant to this Section shall not constitute a waiver of such Secured Party’s right to demand such amounts.
