Setting and Notice of Rates. The applicable Offshore Rate shall be determined by the Administrative Agent. Each determination of the applicable Offshore Rate shall be conclusive and binding upon the parties hereto, in the absence of manifest error. If the Administrative Agent is unable to determine such a rate, the provisions of Section 5.3 shall apply. The Administrative Agent shall, upon written request of Conseco (on behalf of the Borrowers) or a Bank, deliver to Conseco (on behalf of the Borrowers) or such Bank a statement showing the computations used by the Administrative Agent in determining any applicable Offshore Rate hereunder.
Appears in 3 contracts
Samples: Guaranty and Subordination Agreement (Conseco Inc), Collateral Agreement (Conseco Inc), Guaranty and Subordination Agreement (Conseco Inc)
Setting and Notice of Rates. The applicable Offshore Rate shall be determined by the Administrative Agent. Each determination of the applicable Offshore Rate shall be conclusive and binding upon the parties hereto, in the absence of manifest error. If the Administrative Agent is unable to determine such a rate, the provisions of Section 5.3 shall apply. The Administrative Agent shall, upon written request of Conseco Guarantor (on behalf of the Borrowers) or a Bank, deliver to Conseco Guarantor (on behalf of the Borrowers) or such Bank a statement showing the computations used by the Administrative Agent in determining any applicable Offshore Rate hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Hilbert Stephen C), Credit Agreement (Hilbert Stephen C), Credit Agreement (Hilbert Stephen C)
Setting and Notice of Rates. The applicable Offshore Rate shall be determined by the Administrative Agent. Each determination of the applicable Offshore Rate shall be conclusive and binding upon the parties hereto, in the absence of manifest demonstrable error. If the Administrative Agent is unable to determine such a rate, the provisions of Section 5.3 shall apply. The Administrative Agent shall, upon written request of Conseco (on behalf of the Borrowers) Borrower or a Bank, deliver to Conseco (on behalf of the Borrowers) or such Bank a statement showing the computations used by the Administrative Agent in determining any applicable Offshore Rate hereunder.Lender,
Appears in 2 contracts
Samples: Credit Agreement (Delphi Financial Group Inc/De), Credit Agreement (Delphi Financial Group Inc/De)
Setting and Notice of Rates. The applicable Offshore Rate shall be determined by the Administrative Agent. Each determination of the applicable Offshore Rate shall be conclusive and binding upon the parties hereto, in the absence of manifest demonstrable error. If the Administrative Agent is unable to determine such a rate, the provisions of Section 5.3 shall apply. The Administrative Agent shall, upon written request of Conseco (on behalf of the Borrowers) Borrower or a Bankany Lender, deliver to Conseco (on behalf of the Borrowers) Borrower or such Bank Lender a statement showing the computations used by the Administrative Agent in determining any applicable Offshore Rate hereunder.
Appears in 1 contract
Setting and Notice of Rates. The applicable Offshore Rate shall be determined by the Administrative Agent. Each determination of the applicable Offshore Rate shall be conclusive and binding upon the parties hereto, in the absence of manifest demonstrable error. If the Administrative Agent is unable to determine such a rate, the provisions of Section 5.3 shall apply. The Administrative Agent shall, upon written request of Conseco (on behalf of the Borrowers) Borrower or a any Bank, deliver to Conseco (on behalf of the Borrowers) Borrower or such Bank a statement showing the computations used by the Administrative Agent in determining any applicable Offshore Rate hereunder.
Appears in 1 contract
Samples: Credit Agreement (Conseco Inc Et Al)