Common use of Calculations and Determinations Clause in Contracts

Calculations and Determinations. All calculations under the Note Documents of interest chargeable with respect to Loans and of fees shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by a Holder Party of amounts to be paid under Article III or any other matters which are to be determined hereunder by a Holder Party shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Holders otherwise consent all financial statements and reports furnished to any Holder Party hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 3 contracts

Sources: Note Purchase Agreement (Penn Octane Corp), Note Purchase Agreement (Rio Vista Energy Partners Lp), Note Purchase Agreement (National Coal Corp)

Calculations and Determinations. All calculations under the Note Loan Documents of interest chargeable with respect to Loans and of fees shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by a Holder Lender Party of amounts to be paid under Article III or any other matters which are to be determined hereunder by a Holder Lender Party (such as any Business Day) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Holders Lenders otherwise consent all financial statements and reports furnished to any Holder Lender Party hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 2 contracts

Sources: Credit Agreement (Resaca Exploitation, Inc.), Credit Agreement (Resaca Exploitation, Inc.)

Calculations and Determinations. All calculations of interest under the Note Loan Documents of interest chargeable with respect to Loans and of fees shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 365 or 366 days, as appropriate. Each determination by a Holder Lender Party of amounts to be paid under Article III any of Sections 3.2 or 3.3 or any other matters which are to be determined hereunder by a Holder Lender Party shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Holders Lenders otherwise consent all financial statements and reports furnished to any Holder Lender Party hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 2 contracts

Sources: Term Loan Credit Agreement (W&t Offshore Inc), Term Loan Credit Agreement (W&t Offshore Inc)