Determination is binding Sample Clauses

Determination is binding. (a) The technical assumptions, economic assumptions and other terms of the Cashflow Model under this clause 9 will be determined by the Agent (acting reasonably), and, absent manifest error, a determination by the Agent (acting reasonably) is final and binding on the Transaction Parties. (b) If so requested by the Borrower, the Agent must hold discussions with the Borrower in good faith regarding the terms of the Cashflow Model and any update or proposed update of the Cashflow Model, and the economic assumptions and technical assumptions to be used in the Cashflow Model.
Determination is binding. (a) The terms of the Forecast Documents under this clause 10 will be determined by the Agent (acting reasonably), and a determination by the Agent (acting reasonably) is final and binding on the Obligors. (b) If so requested by the Borrower, the Agent must hold discussions with the Borrower in good faith regarding the terms of the Forecast Documents and any update or proposed update of the Forecast Documents. (c) No determination by the Agent under this clause 10 affects the obligations of any Project Obligor to conduct the Project. The Project Obligors will be solely responsible for the conduct of the Project, including the manner in which coal mining operations are conducted on the Project, notwithstanding any determination by the Agent under this clause 10. 11 Accounts and proceeds

Related to Determination is binding

  • Valuations binding Any valuation under Clause 15.2, 15.3 or 15.4 shall be binding and conclusive as regards the Borrowers, as shall be any valuation which the Majority Lenders make of any additional security which does not consist of or include a Security Interest.

  • Terms Binding By acceptance of this Warrant, the Holder accepts and agrees to be bound by all the terms and conditions of this Warrant.

  • Binding This Agreement will inure to the benefit of and be binding upon the Parties and their successors, heirs, executors, administrators, assigns and representatives.

  • Non-Binding Unless expressly authorised in writing by the Group-Wide Lenders and then on such terms and conditions as the Group-Wide Lenders may require, the Steering Committee shall not negotiate the terms of or enter into any agreement on behalf of the Group-Wide Lenders of any of them. This Clause 19 and Clause 14.4 may be relied upon by any member of the Steering Committee notwithstanding the provisions of Clause 17.11.

  • Entries Binding Entries made in the Loan Account shall constitute presumptive evidence of the information contained therein. If any information contained in the Loan Account is provided to or inspected by any Person, then such information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.