Trustee's Calculations Sample Clauses

Trustee's Calculations. In making the determinations and allocations required by Sections 6.04 and 6.05, the Trustee may rely upon information supplied by each Secured Party as to the amounts payable with respect to Secured Obligations held by such Secured Party or as to the amounts of unpaid principal outstanding under the Debt Indentures, premium, if any, with respect thereto, and interest accrued thereon, as the case may be, and the Trustee shall have no liability to any of the other Secured Parties for actions taken in reliance on such information. All distributions made by the Trustee pursuant to such Sections shall be (subject to any decree of any court of competent jurisdiction) final and the Trustee shall have no duty to inquire as to the application by the Secured Parties of any amounts distributed to them.
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Trustee's Calculations. In making the determinations and allocations required by subsection 3.4, the Corporate Trustee may, unless a Responsible Trustee Officer has actual knowledge to the contrary, rely upon a certificate executed and supplied by the Holder Representatives or (in the case of Hedging Agreement Obligations or other Secured Obligations for which there is no Holder Representative) the Holders, as the case may be, as to the amounts payable with respect to Secured Obligations, all in accordance with subsection 7.2(b), and the Trustees shall have no liability to any of the Secured Parties for actions taken in reliance on such information; provided, however, that if any Secured Party receives on any Distribution Date an amount pursuant to subsection 3.4(a) in excess of the amount to which it was entitled to receive on such Distribution Date pursuant to such subsection 3.4(a) as a result of any such certificate overstating the amount of the Secured Obligations held by such Secured Party (or the Secured Obligations held by all the Secured Parties under any Facility with respect to which such Secured Party is a Holder), then such Secured Party (by becoming a Holder of Secured Obligations and accepting the benefits of this Trust Agreement) shall pay such excess to the Corporate Trustee for application in accordance with subsection 3.4(a) as soon as practicable after the existence of such overstatement shall have been determined. All distributions made by the Corporate Trustee pursuant to subsection 3.4 shall be (subject to any decree of any court of competent jurisdiction and to the proviso in the preceding sentence) final, and the Trustees shall have no duty to inquire as to the application by any Holder or Holder Representative of any amounts distributed to them. By accepting the benefits of this Agreement, the Security Documents and the Guarantees, each Secured Party and Holder Representative agrees to act in accordance with this Trust Agreement and not take any action inconsistent herewith.
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Trustee's Calculations. In making the determinations and allocations required by Section 3.4, the Trustee may conclusively rely upon information supplied by the Administrative Agent as to the amounts payable with respect to Credit Agreement Obligations and upon information supplied by the Indenture Trustee as to the amounts of unpaid principal and interest outstanding with respect to the 2009 Notes, and the Trustee shall have no liability to any of the Secured Parties for actions taken in reliance on such information. If, in the sole discretion of the Trustee, the distribution of any amount received by the Trustee in such capacity hereunder or under the Security Documents might involve the Trustee in liability, or might be prohibited hereby, or might be contrary to any law, rule or regulation, the Trustee may refrain from making distribution until the Trustee's right to make such distribution has been adjudicated by a court of competent jurisdiction. All distributions made by the Trustee pursuant to Section 3.4 shall be (subject to any decree of any court of competent jurisdiction) final (absent manifest error), and the Trustee shall have no duty to inquire as to the application by the Administrative Agent or the Indenture Trustee of any amounts distributed to them by the Trustee hereunder.
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Trustee's Calculations. In making the determinations and ---------------------------- allocations required by subsection 3.4, the Trustee may conclusively rely upon information supplied by a Public Debt Trustee as to the amounts of unpaid principal and interest and other amounts outstanding with respect to the Public Debt Obligations in respect of the Public Debt Indenture under which such Public Debt Trustee is trustee, information supplied by the Administrative Agent as to the amounts of unpaid principal and interest and other amounts outstanding with respect to the Credit Agreement Obligations and information supplied by a Holder Representative in respect of the relevant Surety Bond Obligations as to the unpaid amount of such Surety Bond Obligations, and the Trustee shall have no liability to any of the Secured Parties for actions taken in reliance on such information, provided that nothing in this sentence shall prevent any Obligor -------- from contesting any amounts claimed by any Secured Party in any information so supplied. All distributions made by the Trustee pursuant to subsection 3.4 shall be (subject to any decree of any court of competent jurisdiction) final (absent manifest error), and the Trustee shall have no duty to inquire as to the application by the Administrative Agent, the Holder Representatives in respect of the Surety Bond Obligations or a Public Debt Trustee of any amounts distributed to them.
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Trustee's Calculations. In making the determinations and allocations required by subsection 3.4, the Trustee may conclusively rely upon information supplied by the Public Debt Trustee as to the amounts of unpaid principal and interest and other amounts outstanding with respect to the Public Debt Obligations in respect of the Indenture under which such Public Debt Trustee is trustee, information supplied by the Administrative Agent as to the amounts of unpaid principal and interest and other amounts outstanding with respect to the Credit Agreement Obligations, information supplied by the Additional Indebtedness Agent as to the amounts of unpaid principal and interest and other amounts outstanding with respect to the Additional Senior Indebtedness Obligations, and the Trustee shall have no liability to any of the Secured Parties for actions taken in reliance on such information; PROVIDED that nothing in this sentence shall prevent the Company from contesting any amounts claimed by any Secured Party in any information so supplied. All distributions made by the Trustee pursuant to subsection 3.4 shall be (subject to any decree of any court of competent jurisdiction) final (absent manifest error), and the Trustee shall have no duty to inquire as to the application by the Administrative Agent, or the Public Debt Trustee of any amounts distributed to them.
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Trustee's Calculations. In making the determinations and --------------------------- allocations required by Section 3.4, the Trustee may conclusively rely upon (a) information supplied by a Surety Party as to the amount of Surety Bond Obligations owing to such Surety Party, and (b) information supplied by the Administrative Agent as to the amounts of unpaid principal and interest and other amounts outstanding with respect to the Credit Agreement Obligations, and the Trustee shall have no liability to any of the Secured Parties for actions taken in reliance on such information, provided that nothing in this sentence shall prevent any Obligor from contesting any amounts claimed by any Secured Party in any information so supplied. All distributions made by the Trustee pursuant to Section 3.4 shall be (subject to any decree of any court of competent jurisdiction) final (absent manifest error), and the Trustee shall have no duty to inquire as to the application by the Administrative Agent or a Surety Party of any amounts distributed to them.
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Trustee's Calculations. 17 SECTION 4 18
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Related to Trustee's Calculations

  • Financial Calculations All financial calculations to be made under, or for the purposes of, this Agreement and any other Transaction Document shall be made in accordance with the Accounting Standards and, except as otherwise required in this Agreement or to conform to any provision of this Agreement, shall be calculated from the then most recently issued quarterly financial statements which the Borrower is obligated to furnish to the Lenders under Section 5.03 (

  • Interest Rates Payments and Calculations (a) Interest Rate. -------------

  • Trustee's Fees (a) As compensation for its services hereunder, the Trustee shall be entitled to the Trustee Fee and any amounts payable under clauses 5(a)(iii) and 5(b)(iv) above. The Trustee Fee shall be paid by the Depositor and not from Trust Property. The Trustee shall bear all Ordinary Expenses. Failure by the Depositor to pay such amount shall not entitle the Trustee to any payment or reimbursement from the Trust, nor shall such failure release the Trustee from the duties it is required to perform under the Trust Agreement.

  • Interest Calculations Interest shall be calculated on the basis of a 360-day year, consisting of twelve 30 calendar day periods, and shall accrue daily commencing on the Original Issue Date until payment in full of the outstanding principal, together with all accrued and unpaid interest, liquidated damages and other amounts which may become due hereunder, has been made. Interest hereunder will be paid to the Person in whose name this Note is registered on the records of the Company regarding registration and transfers of this Note (the “Note Register”).

  • Notice of Accrual of Additional Interest; Trustee’s Disclaimer The Company will send notice to the Holder of each Note, and to the Trustee, of the commencement and termination of any period in which Additional Interest accrues on such Note. In addition, if Additional Interest accrues on any Note, then, no later than five (5) Business Days before each date on which such Additional Interest is to be paid, the Company will deliver an Officer’s Certificate to the Trustee and the Paying Agent stating (i) that the Company is obligated to pay Additional Interest on such Note on such date of payment; and (ii) the amount of such Additional Interest that is payable on such date of payment. The Trustee will have no duty to determine whether any Additional Interest is payable or the amount thereof.

  • Certain Calculations Unless otherwise specified herein, the following provisions shall apply:

  • Yield Calculation The Bank will compute the performance results of the Fund (the "Yield Calculation") in accordance with the provisions of Release No. 33-6753 and Release No. IC-16245 (February 2, 1988) (the "Releases") promulgated by the Securities and Exchange Commission, and any subsequent amendments to, published interpretations of or general conventions accepted by the staff of the Securities and Exchange Commission with respect to such releases or the subject matter thereof ("Subsequent Staff Positions"), subject to the terms set forth below:

  • Daily Management Fee Calculation For each calendar day, each class of each Fund shall accrue a fee calculated by multiplying the Per Annum Management Fee Rate for that class times the net assets of the class on that day, and further dividing that product by 365 (366 in leap years).

  • Determination Date Calculations; Application of Available Funds (a) On each Determination Date, the Servicer shall calculate the following amounts:

  • Accountant's Certificates Within the period provided in paragraph (b) above, a certificate of the accountants who render an opinion with respect to such financial statements, stating that they have reviewed this Agreement and stating further whether, in making their audit, such accountants have become aware of any Default or Event of Default under any of the terms or provisions of this Agreement insofar as any such terms or provisions pertain to or involve accounting matters or determinations, and if any such condition or event then exists, specifying the nature and period of existence thereof;

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