determines or “determined” means a determination made in the absolute discretion of the person making the determination.
determines or "DETERMINED" means a determination made in the absolute discretion of the person making the determination.
determines or “determined” means a determination made in the absolute discretion of the person making the determination;
More Definitions of determines
determines or “determined” means, save as otherwise provided herein, a determination made in the absolute discretion of the person making the determination; the “equivalent” on any given date in one currency (the “first currency”) of an amount denominated in another currency (the “second currency”) is a reference to the amount of the first currency which could be purchased with the second currency at the Facility Agent’s Spot Rate of Exchange at or about 11:00 a.m. on the relevant date for the purchase of the first currency with the second currency or for the purposes of determining any amounts testing any covenant or determining whether an Event of Default has occurred under this Agreement:
determines or “determined” means a determination made in the absolute discretion of the person making the determination; the “equivalent” on any given date in one currency (the “first currency”) of an amount denominated in another currency (the “second currency”) is, unless otherwise agreed, a reference to the amount of the first currency which could be purchased with the second currency at the Agent’s Spot Rate of Exchange for the purchase of the first currency with the second currency;
determines or “determined” means a determination made by the person making the determination in good faith acting reasonably.
determines or "DETERMINED" means a determination made reasonably by the person making that determination.
determines means determines in accordance with regulations; and
determines or “determined” means, unless otherwise specified, a determination made in the discretion (absent manifest error) of the person making the determination;
determines or "determined" means a determination made in the absolute discretion of the person making the determination. 13.2 Tax gross-up (a) Each Obligor shall make all payments to be made by it without any Tax Deduction, unless a Tax Deduction is required by law. (b) An Obligor shall promptly upon becoming aware that it must make a Tax Deduction (or that there is any change in the rate or the basis of a Tax Deduction) notify the Agent accordingly. Similarly, a Lender shall notify the Agent on becoming so aware in respect of a payment payable to that Lender. If the Agent receives such notification from a Lender it shall notify the Parent and, if applicable, that Obligor. (c) If a Tax Deduction is required by law to be made: (i) by an Obligor (other than a Canadian Obligor); or (ii) in respect of Indemnified Taxes, by a Canadian Obligor, the amount of the payment due from that Obligor shall be increased to an amount which (after making any Tax Deduction) leaves an amount equal to the payment which would have been due if no Tax Deduction had been required. (d) If an Obligor is required to make a Tax Deduction, that Obligor shall make that Tax Deduction and any payment required in connection with that Tax Deduction within the time allowed and in the minimum amount required by law. (e) Within 30 days of making either a Tax Deduction or any payment required in connection with that Tax Deduction, the Obligor making that Tax Deduction shall deliver to the Agent for the Finance Party entitled to the payment evidence reasonably satisfactory to that Finance Party that the Tax Deduction has been made or (as applicable) any appropriate payment paid to the relevant taxing authority. 13.3 Tax indemnity (a) An Obligor shall (within three Business Days of demand by the Agent) pay to a Finance Party an amount equal to the loss, liability or cost which that Finance Party determines will be or has been (directly or indirectly) suffered for or on account of: (i) in the case of an Obligor other than a Canadian Obligor, Tax by that Finance Party in respect of a Finance Document; or (ii) in the case of a Canadian Obligor, Indemnified Taxes by that Finance Party in respect of a Finance Document.