Common use of DETERMINATION OF DEFAULT IN PERFORMANCE Clause in Contracts

DETERMINATION OF DEFAULT IN PERFORMANCE. The Note Trustee may determine whether or not a default in the performance by the Issuer of any obligation under the provisions of this Deed or contained in the Notes or any of the Documents is capable of remedy and, if the Note Trustee shall certify that any such default is, in its opinion, not capable of remedy, such certificate shall be conclusive and binding upon the Issuer and the Noteholders.