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.
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Sources: Facility Agreement (Apollo Gold Corp), Facility Agreement (Apollo Gold Corp)
Determination is binding. (a) The technical assumptions, economic assumptions and other terms of the Cashflow Model under this clause 9 11 will be determined by the Agent (acting on the instructions of all Financiers, acting reasonably), and, absent manifest error, a determination by the Agent (acting on the instructions of all Financiers, acting reasonably) is final and binding on the Transaction Parties.
(b) If so requested by The Agent (acting on the Borrower, the Agent instructions of all Financiers) must hold discussions with the Borrower in good faith faith, on a periodic basis or whenever requested by the Borrower, 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.
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