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 Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 18 contracts
Samples: Agreement (Superior National Insurance Group Inc), Credit Agreement (Pueblo Xtra International Inc), Credit Agreement (Penhall Co)
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 Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 17 contracts
Samples: Credit Agreement (Primedia Inc), Credit Agreement (About, Inc.), Credit Agreement (Primedia Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or and (y) in the case of clauses (ii) and (iii) below, any Bank the Required Lenders shall have reasonably determined (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 15 contracts
Samples: Intercreditor Agreement (OneStream, Inc.), Lien Credit Agreement (HireRight GIS Group Holdings, LLC), First Lien Credit Agreement (Aveanna Healthcare Holdings, 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 Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 10 contracts
Samples: Credit Agreement (Maple Leaf Aerospace Inc), Credit Agreement (Pine Holdings Inc), Credit Agreement (Tristar Aerospace Co)
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 Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 9 contracts
Samples: Credit Agreement (Universal Outdoor Holdings Inc), Credit Agreement (Universal Outdoor Holdings Inc), Credit Agreement (Fremont General 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 Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 7 contracts
Samples: Credit Agreement (Wesley Jessen Visioncare Inc), Credit Agreement (SMT Health Services Inc), Credit Agreement (Wesley Jessen Visioncare 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 --------------------------------- Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties heretohereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 5 contracts
Samples: Credit Agreement (Extended Stay America Inc), Credit Agreement (Host Marriott Corp/Md), Credit Agreement (Corporate Express 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 Bank shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 4 contracts
Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia)
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 -------------------------------- Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties heretohereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 4 contracts
Samples: Credit Agreement (Coinmach Corp), Credit Agreement (Scovill Holdings Inc), Credit Agreement (Coinmach Laundry 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 Bank shall have determined determined, in each case acting in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (Universal American Financial Corp), Credit Agreement (Universal American Financial Corp), Credit Agreement (Universal American Financial 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 Bank shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine 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 Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (U S a Floral Products Inc), Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Building One Services 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 Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive con clusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (Alliance Imaging of Michigan Inc), Credit Agreement (U S a Floral Products Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause clauses (i) and (iv) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (Ametek Inc/), Credit Agreement (Ametek 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 Bank shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: And (Interstate Hotels Co), Credit Agreement (Highlands Insurance Group 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 Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto, provided that such determination has been made in good faith):
Appears in 2 contracts
Samples: Credit Agreement (Trenwick Group Inc), Credit Agreement (Trenwick Group 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 Bank Bank, shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (NRT Inc), Credit Agreement (Pacer Express 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 Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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 Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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 Bank (including any Bank making a Eurodollar Competitive Bid Loan) shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Global Marine Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in --------------------------------- the case of clause (i) and (iv) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Bank Bank, shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (MTL 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 Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Ametek 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 Bank -------------------------------- shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties heretohereto but with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
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 Bank Bank, shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (NRT 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 Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Ocih LLC)
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 Bank (other than a Defaulting Bank) shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Ceres Group Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in --------------------------------- the case of clause clauses (i) and (iv) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Dade Behring 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 ---------------------------------- Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties heretohereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
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 Bank Bank, shall have determined determine (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Fisher Scientific International Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent Agent, or (y) in the case of clauses (ii) and (iii) below, any Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (McMS Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in -------------------------------- the case of clause (i) below, the Required Lenders shall notify the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Modus Media International Holdings Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause clauses (i) and (iv) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Bank Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Dade Behring 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 Bank shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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 Bank --------------------------------- shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties heretohereto and, with respect to all but the following clauses (ii)(x) and (iii), shall be made only after consultation with the Company and the Agents):
Appears in 1 contract
Samples: Credit Agreement (Mead 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 Bank shall have determined (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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 Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties heretohereto but, with respect to clauses (i), (iii)(z) and (iv) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)