Increased Costs, Illegality, etc. (a) In the event that any 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 Agent):
Appears in 24 contracts
Samples: Credit Agreement (Financial Security Assurance Holdings LTD), Credit Agreement (Universal Compression Holdings Inc), Credit Agreement (Reckson Services Industries Inc)
Increased Costs, Illegality, etc. (a) In the event that any Bank 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 5 contracts
Samples: Pledge Agreement (Sky Chefs Argentine Inc), Credit Agreement (JCC Holding Co), Pledge Agreement (Sky Chefs Argentine Inc)
Increased Costs, Illegality, etc. (a) In the event that any 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 clauses (i) and (iii)(z) below, may be made only by the Administrative Agent):
Appears in 4 contracts
Samples: Credit Agreement (Aearo Corp), Acknowledgment and Assumption Agreement (Vestar Capital Partners Iv Lp), Security Agreement (Vestar Capital Partners Iv Lp)
Increased Costs, Illegality, etc. (a) In the event that any Bank 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) and (iv) below, may be made only by the Administrative Agent):
Appears in 3 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/), Term Loan Agreement (Alpine Group Inc /De/)
Increased Costs, Illegality, etc. (a) In the event that 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 but, with respect to clause (i) below, may be made only by the Agenthereto):
Appears in 3 contracts
Samples: Credit Agreement (Oglebay Norton Co /Ohio/), Credit Agreement (Oglebay Norton Co /Ohio/), Credit Agreement (Oglebay Norton Co /Ohio/)
Increased Costs, Illegality, etc. (a) In the event that (1) in the case of clause (i) below, the Agent or (2) 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 but, with respect to clause (i) below, may be made only by the Agenthereto):
Appears in 2 contracts
Samples: Pledge Agreement (Fremont General Corp), Credit Agreement (Fremont General Corp)
Increased Costs, Illegality, etc. (a) In the event that any 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 Managing Agent):
Appears in 2 contracts
Samples: Credit Agreement (Chancellor Broadcasting Co /De/), Credit Agreement (Chancellor Radio Broadcasting Co)
Increased Costs, Illegality, etc. (a) In the event that any --------------------------------- 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 Agent):
Appears in 2 contracts
Samples: Credit Agreement (Ikon Office Solutions Inc), Credit Agreement (Physician Health Corp)
Increased Costs, Illegality, etc. (a) In the event that any Bank 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 clauses (i) and (iv) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Credit Agreement (Big Flower Press Holdings Inc /Pred/)
Increased Costs, Illegality, etc. (a) In the event that any Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto to this Agreement but, with respect to clause (i) below, may be made only by the Administrative and Collateral Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any 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 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to the following clause (i) below), may shall be made only by after consultation with the Company and the Agent):
Appears in 1 contract
Samples: Revolving Credit Agreement (Amcast Industrial Corp)
Increased Costs, Illegality, etc. (a) In the event that any 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 Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Bank 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
Increased Costs, Illegality, etc. (a) In the event that any Bank 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
Increased Costs, Illegality, etc. (a) In the event that any Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto butand, with respect to clause all but the following clauses (iii)(x) belowand (iii), may shall be made only by after consultation with the Company and the Agent):
Appears in 1 contract
Samples: Credit Agreement (Alltel Corp)
Increased Costs, Illegality, etc. (a) In the event that any Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, but with respect to clause (i) below, may be made only by the Administrative Agent):): C/M 11752.0000 414856.1
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any 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 clauses (i) and (iv) below, may be made only by the Agent):
Appears in 1 contract
