Common use of Increased Costs, Illegality, etc Clause in Contracts

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 144 contracts

Samples: Schedules (J.Jill, Inc.), Revolving Credit Agreement (VERRA MOBILITY Corp), Term Loan Credit Agreement (Algoma Steel Group Inc.)

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Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender shall have reasonably determined (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 132 contracts

Samples: Credit Agreement (HCA Healthcare, Inc.), Revolving Credit Agreement (NXP Semiconductors N.V.), Joinder Agreement (HCA Healthcare, Inc.)

Increased Costs, Illegality, etc. (a) In the event that any Lender Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 50 contracts

Samples: Credit Agreement (Coinmach Service Corp), Credit Agreement (Consolidated Container Co LLC), Gramercy Capital Corp

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 46 contracts

Samples: Intercreditor Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)

Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender Lender, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 36 contracts

Samples: General Revolving Note (Calgon Carbon Corporation), Term Loan Agreement (American Dental Partners Inc), Credit Agreement (Calgon Carbon Corporation)

Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 25 contracts

Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (RBS Global Inc), Credit Agreement (Fairpoint Communications Inc)

Increased Costs, Illegality, etc. (a) In the event that the Administrative Agent or any Lender shall have reasonably determined (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 21 contracts

Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)

Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender Lender, shall have reasonably determined (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 18 contracts

Samples: And Restatement Agreement (Baldwin Insurance Group, Inc.), Junior Priority Intercreditor Agreement (Snap One Holdings Corp.), Incremental Agreement (Snap One Holdings Corp.)

Increased Costs, Illegality, etc. (a) In the event that (y) in the case of clause (i) below, the Administrative Agent or (z) in the case of clauses (ii) and (iii) below, any Lender Lender, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 18 contracts

Samples: Intercreditor Agreement (Preferred Apartment Communities Inc), Purchase Option Agreement (Preferred Apartment Communities Inc), Credit Agreement

Increased Costs, Illegality, etc. (a) In the event that (y) in the case of clause (i) below, the Administrative Agent or (z) in the case of clauses (ii) and (iii) below, any Lender or other Recipient, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 14 contracts

Samples: Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (Eastern Co), Credit Agreement (Purple Innovation, Inc.)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):

Appears in 13 contracts

Samples: Credit Agreement (Mobile Mini Inc), Credit Agreement (Ciena Corp), Credit Agreement (Mobile Mini Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):

Appears in 12 contracts

Samples: Credit Agreement (Aleris Ohio Management, Inc.), Credit Agreement (Aleris Ohio Management, Inc.), Credit Agreement (Aleris Ohio Management, Inc.)

Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender Lender, in each case, shall have reasonably determined (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 9 contracts

Samples: Credit Agreement (Minerva Surgical Inc), Credit Agreement (Teligent, Inc.), Credit Agreement (Teligent, Inc.)

Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender Lender, shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 9 contracts

Samples: Credit Agreement (EnerSys), Credit Agreement (EnerSys), Credit Agreement (Quality Distribution Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative Agent):

Appears in 7 contracts

Samples: First Lien Credit and Guarantee Agreement (Janus International Group, Inc.), Restatement Agreement (Infrastructure & Energy Alternatives, Inc.), And Restatement Agreement (Infrastructure & Energy Alternatives, Inc.)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 6 contracts

Samples: Fourth Amendment (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.)

Increased Costs, Illegality, etc. (a) In the event that If any Lender (or, with respect to clauses (i) and (iv) below, the Administrative Agent) shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 6 contracts

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc)

Increased Costs, Illegality, etc. (a) In Subject to clause Section 2.11(b), in the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative Agent):

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Ancestry.com LLC), Credit and Guaranty Agreement (Ancestry.com LLC), Credit and Guaranty Agreement (Ancestry.com LLC)

Increased Costs, Illegality, etc. (a) In the event that any Lender (or with respect to clause (iv), any Lender or Agent) shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):) after the Closing Date:

Appears in 5 contracts

Samples: Credit Agreement (Dynegy Inc.), Term Loan Credit Agreement (Dynegy Inc.), Credit Agreement (PPL Energy Supply LLC)

Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) or (iv) below, the Administrative Agent or (y) in the case of clause (ii) or (iii) below, any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 5 contracts

Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Mbia Inc), Credit Agreement (Partnerre LTD)

Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent, or (y) in the case of clauses (ii) and (iii) below, any Lender Lender, shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 5 contracts

Samples: Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) or (iii)(z) below, may be made only by the Administrative AgentAgent or the Required Lenders):

Appears in 5 contracts

Samples: Credit Agreement (Urban One, Inc.), Credit Agreement (Urban One, Inc.), Credit Agreement (Radio One, Inc.)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):) and shall have certified to the Company in writing that it has made such determination with respect to similarly-situated borrowers:

Appears in 4 contracts

Samples: Credit Agreement (CVR Refining, LP), Credit Agreement (CVR Partners, Lp), Credit Agreement (CVR Energy Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) or (iv) below, may be made only by the Administrative Agent):

Appears in 4 contracts

Samples: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Phoenix Container, Inc.), Credit Agreement (BWAY Holding CO)

Increased Costs, Illegality, etc. (a) In the event that any Lender or Agent shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 3 contracts

Samples: Credit Agreement (Lee Enterprises, Inc), Credit Agreement (Lee Enterprises, Inc), Junior Intercreditor Agreement (Lee Enterprises, Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (ii)(A) below, may be made only by the Administrative Agent, and with respect to clause (i)(B) below may be made only by the Administrative Agent, acting at its own discretion or at the direction of the Required Lenders):

Appears in 3 contracts

Samples: Credit Agreement (CF Industries Holdings, Inc.), Credit Agreement (CF Industries Holdings, Inc.), Credit Agreement (CF Industries Holdings, Inc.)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 3 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Eagle Picher Technologies LLC), Credit Agreement (Neff Corp)

Increased Costs, Illegality, etc. (a) In the event that any Lender or any Certificate Holder shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 2 contracts

Samples: Participation Agreement (Universal Compression Holdings Inc), Participation Agreement (Universal Compression Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 2 contracts

Samples: Credit Agreement (Trumps Castle Funding Inc), Credit Agreement (Trump Hotels & Casino Resorts Funding Inc)

Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) or (iv) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto buthereto, with respect to clause (i) below, may be provided that such determination has been made only by the Administrative Agentin good faith):

Appears in 2 contracts

Samples: Credit Agreement (Baldwin Technology Co Inc), Credit Agreement (Baldwin Technology Co Inc)

Increased Costs, Illegality, etc. (a) In the event that the Administrative Agent, with respect to clauses (i) and (iv) below or any Lender with respect to clauses (ii) and (iii) below or shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 2 contracts

Samples: Credit Agreement (Furon Co), Furon Co

Increased Costs, Illegality, etc. (a) In the event that any --------------------------------- Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 2 contracts

Samples: Credit Agreement (Idt Corp), Credit Agreement (Waters Corp /De/)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative AgentAgents):

Appears in 2 contracts

Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (Fintech Acquisition Corp. II)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent)::

Appears in 2 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and final, conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 2 contracts

Samples: Credit Agreement (Stone Container Corp), Credit Agreement (Stone Container Corp)

Increased Costs, Illegality, etc. (a) In the event that any Lender or Issuing Lender shall have determined (which determination shall, absent manifest or demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 2 contracts

Samples: Credit Agreement and Syndicated Facility Agreement (Owens-Illinois Group Inc), Assignment and Assumption Agreement (Owens-Illinois Group Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, subject to Section 1.13, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 2 contracts

Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (First Horizon Pharmaceutical Corp)

Increased Costs, Illegality, etc. (ai) In the event that any Lender Lender, including Agent, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (ia) and (b)(y) below, may shall be made only by the Administrative after consultation with Company and Agent):

Appears in 1 contract

Samples: Credit Agreement (Danaher Corp /De/)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative AgentAgent or the Required Lenders, as applicable):

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Alden Global Capital LLC)

Increased Costs, Illegality, etc. (a) In the event that any Term Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Shuffle Master Inc

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Intercreditor Agreement (Capella Healthcare, Inc.)

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Increased Costs, Illegality, etc. (a) In the event that any Lender (or, the Administrative Agent, in the case of Section 2.8(a)(i) as to which only the Administrative Agent is permitted to make a determination) shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 1 contract

Samples: Credit Agreement (Vitro Sa De Cv)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative AgentPayments Administrator):

Appears in 1 contract

Samples: Lockup Agreement (Philip Services Corp)

Increased Costs, Illegality, etc. (a) In the event that If any Lender (or, with respect to clause (i) below, the Administrative Agent) shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

Increased Costs, Illegality, etc. (a) In the event that any --------------------------------- Lender shall have reasonably determined (which reasonable determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (Big v Supermarkets Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive presumed correct and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (Yellow Roadway Corp)

Increased Costs, Illegality, etc. (a) In the event that any Lender with respect to clauses (ii) and (iii) below or the Administrative Agent with respect to clause (i) below shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 1 contract

Samples: Day Credit Agreement (Toys R Us Inc)

Increased Costs, Illegality, etc. (ah) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

Increased Costs, Illegality, etc. (a) (i) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Restatement Agreement (LEGALZOOM.COM, Inc.)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (ii)(x) and (iv) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Syndicated Facility Agreement (Acco Brands Corp)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (Moore Corporation LTD)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Revolving Credit Agreement (Milacron Inc)

Increased Costs, Illegality, etc. (a) In the event that Administrative Agent in the case of (i) below or any Tranche B Lender in the case of (ii) or (iii) below shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Assignment and Assumption Agreement (BRL Universal Equipment Corp)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Abl Credit Agreement (Ciena Corp)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative AgentAgent or the Required Lenders, as set forth below):

Appears in 1 contract

Samples: Credit Agreement (Flowers Foods Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender Purchaser shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Note Purchase Agreement (Supercanal Holding Sa)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Janus International Group, Inc.)

Increased Costs, Illegality, etc. (a) In the event that any -------------------------------- Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (Nm Licensing LLC)

Increased Costs, Illegality, etc. (a) In a)In the event that (x) in the case of clause (i) or (iv) below, the Administrative Agent or (y) in the case of clause (ii) or (iii) below, any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 1 contract

Samples: Credit Agreement (Partnerre LTD)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest or demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Intercreditor Agreement (Owens-Illinois Group Inc)

Increased Costs, Illegality, etc. (a) In the event that any --------------------------------- Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (Manitowoc Co Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto buthereto, but with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (American Seafoods Corp)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined reasonably and in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (Overseas Shipholding Group Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined deter­mined (which determination shall, absent manifest error, be final and conclusive and binding bind­ing upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit                                                                         Agreement (Vanguard Health Systems Inc)

Increased Costs, Illegality, etc. (aA) In the event that Administrative Agent or any Senior Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Senior Loan Agreement (Maguire Properties Inc)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) or (iii)(z) below, may be made only by the Administrative AgentAgent or the Required Lenders):

Appears in 1 contract

Samples: Credit Agreement (Radio One, Inc.)

Increased Costs, Illegality, etc. (a) In the event that any Lender with respect to clauses (ii) and (iii) below or the Administrative Agent, the Reference Lender, or the applicable Lender, as the case may be, with respect to clauses (i) and (iv) below shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):

Appears in 1 contract

Samples: Credit Agreement (Tiffany & Co)

Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iii)(z) below, may be made only by the Administrative Agent):

Appears in 1 contract

Samples: Credit Agreement (Aearo CO I)

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