Common use of Determinations by the Lender for purposes of this Section Clause in Contracts

Determinations by the Lender for purposes of this Section. 2.11 of any increased costs, reduction in return, market contingencies, illegality or any other matter shall, absent manifest error, be conclusive, provided that such determinations are made in good faith. No failure by the Lender at any time to demand payment of any amounts payable under this Section 2.11 shall constitute a waiver of its right to demand payment of any additional amounts arising at any subsequent time. Nothing in this Section 2.11 shall require or be construed to require the Borrower to pay any interest, fees, costs or other amounts in excess of that permitted by applicable law.

Appears in 3 contracts

Samples: Credit Agreement (Vesta Insurance Group Inc), Credit Agreement (Vesta Insurance Group Inc), Credit Agreement (Vesta Insurance Group Inc)

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Determinations by the Lender for purposes of this Section. 2.11 3.7 of any increased costs, reduction in return, market contingencies, illegality or any other matter shall, absent manifest error, be conclusive, provided that such determinations are made in good faith. No failure by the Lender at any time to demand payment of any amounts payable under this Section 2.11 3.7 shall constitute a waiver of its right to demand payment of any additional amounts arising at any subsequent time. Nothing in this Section 2.11 3.7 shall require or be construed or so operate as to require the Borrower to pay any interest, fees, costs or other amounts charges in excess of that permitted by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Piedmont Management Co Inc)

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