Common use of Decisions and Determinations Clause in Contracts

Decisions and Determinations. Any determination, decision or election that may be made by the Company (or its Designee) pursuant to this subsection “—Effect of a Benchmark Transition Event,” including any determination with respect to tenor, rate or adjustment or of the occurrence or non-occurrence of an event, circumstance or date and any decision to take or refrain from taking any action or any selection, will be conclusive and binding absent manifest error, will be made in our (or its Designee’s) sole discretion, and, notwithstanding anything to the contrary in the transaction documents relating to the notes, shall become effective without consent from the holders of the notes or any other party. For purposes of this subsection “—Effect of a Benchmark Transition Event,” the following terms have the following meanings.

Decisions and Determinations. Any determination, decision or election that may be made by the Company (or its Designee) pursuant to the benchmark replacement provision described in this subsection “—Effect of a Benchmark Transition Event,” including any determination with respect to tenor, rate or adjustment or of the occurrence or non-occurrence of an event, circumstance or date and any decision to take or refrain from taking any action or any selection, will be conclusive and binding absent manifest error, will be made in our the Company (or its Designee’s) sole discretion, and, notwithstanding anything to the contrary in the any transaction documents relating to the notesFloating Rate Notes, shall become effective without consent from the holders of the notes Floating Rate Notes or any other party. .” For purposes of this subsection “—Effect of a Benchmark Transition Event,” Security, except as otherwise expressly provided or unless the context otherwise requires, the following terms have the following meanings.: