Common use of Decisions and Determinations Clause in Contracts

Decisions and Determinations. Any determination, decision or election that may be made by the Asset Manager pursuant to this Section 8.8, including any determination with respect to a 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, may be made in the Asset Manager’s sole discretion, and, notwithstanding anything to the contrary in this Indenture, shall become effective without consent from any other party.

Appears in 2 contracts

Sources: Indenture (Ares Strategic Income Fund), Indenture and Security Agreement (Ares Capital Corp)

Decisions and Determinations. Any determination, decision or election that may be made by the Asset Manager pursuant to this Section 8.8, including any determination with respect to a 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, may be made in the Asset Manager’s 's sole discretion, and, notwithstanding anything to the contrary in this Indenture, shall become effective without consent from any other party.

Appears in 2 contracts

Sources: Indenture and Security Agreement (Ares Strategic Income Fund), Indenture (Ares Capital Corp)