Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 623 contracts
Sources: Term Credit Facility Agreement (Axian Telecom), Facility Agreement (Euroseas Ltd.), Term Loan Facility Agreement (Okeanis Eco Tankers Corp.)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 104 contracts
Sources: Facility Agreement (TTM Technologies Inc), Amendment and Restatement Deed, Finance Agreement
Certificates and determinations. Any certification or determination by a Finance Party the Lender of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 94 contracts
Sources: Secured Term Loan Facility (United Maritime Corp), Revolving Facility Agreement (MYT Netherlands Parent B.V.), Uncommitted Borrowing Base Facility Agreement (Hafnia LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 60 contracts
Sources: Revolving Credit Facility Agreement (Sibanye Stillwater LTD), Senior Facility Agreement (Lesaka Technologies Inc), Facilities Agreement (Lesaka Technologies Inc)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest or proven error, conclusive prima facie evidence of the matters to which it relates.
Appears in 26 contracts
Sources: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Loan Agreement (Kosmos Energy Ltd.), Loan Agreement (Kosmos Energy Ltd.)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document Documents is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 26 contracts
Sources: Revolving Credit Facility Agreement (Autoliv Inc), Bridge Facility Agreement, Multicurrency Bridge Facility Agreement
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document this Agreement is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 21 contracts
Sources: Revolving Credit Facility Agreement (British American Tobacco p.l.c.), Revolving Credit Facility (British American Tobacco p.l.c.), Term Loan Agreement (British American Tobacco p.l.c.)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document this Agreement is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 19 contracts
Sources: Facility Agreement (Vodafone Group Public LTD Co), Facility Agreement (Vodafone Group Public LTD Co), 5 Year Facility Agreement (Vodafone Group Public LTD Co)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out the basis of calculation in reasonable detail and is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 18 contracts
Sources: Third Amendment and Restatement Agreement (Alibaba Group Holding LTD), Facility Agreement, Facility Agreement (Alibaba Group Holding LTD)
Certificates and determinations. Any certification or determination by a Finance Party the Lender of a rate or amount under any the Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 16 contracts
Sources: Facility Agreement, Facility Agreement (SK Ecoplant Co., Ltd.), Facility Agreement (SK Ecoplant Co., Ltd.)
Certificates and determinations. Any certification or determination by a Finance Secured Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 11 contracts
Sources: Mortgage Agreement (VNG LTD), Mortgage Agreement (VNG LTD), Equity Support, Subordination and Retention Agreement (Mosaic Co)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount payable under any this Agreement or otherwise expressed to be determined by a Finance Document Party is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 11 contracts
Sources: Senior Secured Credit Facility (Liberty Global PLC), Facility Agreement (Liberty Global, Inc.), Credit Agreement (Unitedglobalcom Inc)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document is, in the absence of manifest error, conclusive Documents is prima facie evidence of the matters to which it relates.
Appears in 7 contracts
Sources: Revolving Credit Facility (Anglogold Ashanti LTD), Syndicated Loan Facility (Anglogold Ashanti LTD), Syndicated Bridge Loan Facility (Anglogold Ashanti LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall contain reasonable details of the relevant calculation and is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 7 contracts
Sources: Facility Agreement (Kronos Worldwide Inc), Third Amendment Agreement (Kronos International Inc), Fifth Amendment Agreement (Kronos International Inc)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive is prima facie evidence of the matters to which it relates.
Appears in 6 contracts
Sources: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO), Facility Agreement (Platinum Underwriters Holdings LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Financing Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 6 contracts
Sources: Syndicated Credit Agreement, Credit Agreement (France Telecom /), Facility Agreement (Gold Fields LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive prima facie evidence (Beweis des ersten Anscheins) of the matters to which it relates.
Appears in 6 contracts
Sources: Syndicated Multicurrency Term Loan Facility Agreement (Sap France S.A.), Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data), Credit Facility Agreement (Saturn Expansion Corp)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, is conclusive evidence of the matters to which it relates.
Appears in 6 contracts
Sources: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any New Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 4 contracts
Sources: Financing Agreement, Common Terms Agreement (Ultrapetrol Bahamas LTD), Financing Agreement (Cemex Sab De Cv)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount or under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 4 contracts
Sources: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates. Each Finance Party in making any certification or determination shall act in good faith.
Appears in 4 contracts
Sources: Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any PIK Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 3 contracts
Sources: Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS)
Certificates and determinations. Any certification certificate delivered or determination made by a Finance Party Party, whether in relation to an amount payable to it under this Agreement or the any other Senior Finance Documents or, in respect of a rate an indemnity given by an Obligor or amount under any Finance Document isotherwise shall, in the absence of manifest error, be conclusive evidence of the matters to which it such certificate or determination relates.
Appears in 3 contracts
Sources: Revolving Multicurrency Credit Facility (Derby Cycle Corp), Facility Agreement (Derby Cycle Corp), Facility Agreement (Lyon Investments B V)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, is in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 3 contracts
Sources: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP), Term Loan Facility Agreement (Vantage Drilling CO)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document isthis Agreement will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 3 contracts
Sources: Credit Facilities Agreement (Viasystems Inc), Payment Undertaking (Fleetcor Technologies Inc), Term and Revolving Credit Facility Agreement (Kellwood Co)
Certificates and determinations. Any certification or determination by a Finance Party (showing reasonable detail, if applicable) of a rate or amount under any the Senior Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 3 contracts
Sources: Senior Credit Facility (Smurfit Kappa Funding PLC), Senior Credit Facility Agreement (JSG Funding PLC), Senior Credit Facility (Smurfit Kappa Acquisitions)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates, provided that such certification or determination shall set out the basis of the applicable calculation in reasonable detail.
Appears in 3 contracts
Sources: Deed of Amendment Agreement (RISE Education Cayman LTD), Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) Inc.)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document isDocuments will, in the absence of manifest error, be conclusive evidence of the matters to which it relates.
Appears in 3 contracts
Sources: Senior Credit Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG), Senior Credit Agreement (Kabel Deutschland GmbH), Credit Facilities Agreement (Hungarian Telephone & Cable Corp)
Certificates and determinations. Any Except where otherwise indicated, any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 3 contracts
Sources: Multicurrency Revolving Credit Agreement (Abb LTD), Amendment and Restatement Agreement (Abb LTD), Limited Liability Partnership Agreement (Abb LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document and by a Issuing Bank as to the amount paid out by that Issuing Bank in respect of any Bank Guarantee is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facilities Agreement (Sirona Dental Systems, Inc.)
Certificates and determinations. Any certification or determination by a Finance Party of a rate rate, amount or amount other matter under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Senior Subscription Agreement (TPG Advisors IV, Inc.), Facility Agreement (Central European Distribution Corp)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document this Agreement is, in the absence of manifest error, . conclusive evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Syndicated Loan Agreement (New Fortress Energy LLC), Syndicated Loan Agreement (NFE Financial Holdings LLC)
Certificates and determinations. Any certification or determination by a Finance Facility Party of a rate or amount under any Finance Facility Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Term and Letter of Credit Facility Agreement (Cascal B.V.), Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Bridge Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Bridge Facility Agreement (Nordic Telephone CO ApS), Bridge Facility Agreement (Nordic Telephone CO ApS)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive conculsive evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (McDermott International Inc)
Certificates and determinations. Any certification or determination by a Senior Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates. The Facilities Agent shall provide reasonable details to support such calculation upon the Company’s request.
Appears in 2 contracts
Sources: Multicurrency Revolving Facilities Agreement (Carnival PLC), Facilities Agreement (Carnival PLC)
Certificates and determinations. Any certification certificate delivered or determination made by a Finance Party of a rate or an amount under any Finance Document isshall, in the absence of manifest error, be conclusive evidence of the matters to which it such certificate or determination relates.
Appears in 2 contracts
Sources: Multicurrency Revolving Credit Agreement (MFW Acquisition Corp), Multicurrency Revolving Credit Agreement (MFW Acquisition Corp)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Senior Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Senior Facilities Agreement (Nordic Telephone CO ApS), Senior Facilities Agreement (Nordic Telephone CO ApS)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall contain reasonable details of the relevant calculation and is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Facility Agreement (Kronos International Inc), Facility Agreement (Kronos International Inc)
Certificates and determinations. Any certification or determination by a Senior Finance Party of a rate or amount under any Senior Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Senior Facility Agreement (Inmarsat Holdings LTD), Senior Facility Agreement (Inmarsat Launch CO LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Senior Finance Document Documents is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 2 contracts
Sources: Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo), Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Expanded Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Secured Party of a rate or amount under any the Guaranteed Finance Document Documents is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Facility Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document and by a Fronting Bank as to the amount paid out by that Fronting Bank in respect of any Bank Guarantee is, in the absence of manifest error, conclusive evidence prima facie of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence (dwingend bewijs) of the matters to which it relates.
Appears in 1 contract
Sources: Credit Facility Agreement (Oce N V)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Transaction Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or and determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Senior Finance Party of a rate or amount under this Agreement or any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document and by a Fronting Bank as to the amount paid out by that Fronting Bank in respect of any Letter of Credit or Bank Guarantee is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Senior Facilities Agreement (Messer Griesheim Holding Ag)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document and by a Fronting Bank as to the amount paid out by a Fronting Bank in respect of any Bank Guarantee which sets out details of the relevant calculation is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relatesrelates (provided such certification or determination gives reasonable details of the basis for the Calculation).
Appears in 1 contract
Sources: Credit Facility Agreement (Telesystem International Wireless Inc)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence prima facie of the matters to which it relates.
Appears in 1 contract
Sources: Zar Revolving Credit Facility Agreement (Gold Fields LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates. 31.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Gold Fields LTD)
Certificates and determinations. Any certification or determination by a Senior Finance Party or a Subordinated Creditor of a rate or amount under this Agreement or any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Subordination Agreement
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document Documents is, in the absence of manifest proven error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Facility Agreement (Tomkins PLC)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relatesthey relate.
Appears in 1 contract
Sources: Syndicated Multi Currency Term Loan and Revolving Credit Facilities Agreement (Qiagen Nv)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, is in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Facility Agreement (Sterlite Industries (India) LTD)
Certificates and determinations. Any certification or determination by a any relevant Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Loan Document, absent gross negligence or manifest error by such Finance Document isParty, in the absence of manifest error, conclusive is prima facie evidence of the matters to which it relates.
Appears in 1 contract
Sources: Facility Agreement (Atlas Air Worldwide Holdings Inc)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document this Agreement is, in the absence of manifest error, conclusive evidence of the matters to which it relates.. Back to Index
Appears in 1 contract
Sources: Syndicated Credit Facility (Reuters Group PLC /Adr/)
Certificates and determinations. Any certification or determination by the Agent and/or a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Facility Agreement (Sappi LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.. Table of Contents
Appears in 1 contract
Certificates and determinations. (a) Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Senior Secured Debt Facility Agreement (Hungarian Telephone & Cable Corp)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Borrower Finance Document isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Loan Agreement
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest or proven error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Facility Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates and any certification or determination by the Servicer under the Servicing Agreement is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Deed of Proceeds and Priorities (Genesis Lease LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.. 165
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document and by an Issuing Bank as to the amount paid out by that Issuing Bank in respect of any Bank Guarantee is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a A Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Sources: Loan Agreement (Tiffany & Co)