Common use of Determinations and Decisions Clause in Contracts

Determinations and Decisions. The Corporation and the Calculation Agent are expressly authorized to make certain determinations and decisions hereunder with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate. Any determination or decision that may be made by the Corporation or by the Calculation Agent with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate, including any determination with respect to a rate or adjustment or of the occurrence or nonoccurrence of an event, circumstance or date and any decision to take or refrain from taking any action or any selection: (i) shall be conclusive and binding absent manifest error; (ii) if made by the Corporation, shall be made in its sole discretion; (iii) if made by the Calculation Agent, shall be made after consultation with the Corporation, and the Calculation Agent shall not make any such determination or decision to which the Corporation reasonably objects; and (iv) notwithstanding anything to the contrary herein, shall become effective without consent from the holders of the Series OO Preferred Stock or any other party. If the Calculation Agent fails to make any determination or decision that it is required to make hereunder with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate, then the Corporation shall make that determination or decision on the same basis as described above.

Determinations and Decisions. The Corporation and the Calculation Agent are expressly authorized to make certain determinations and decisions hereunder with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate. Any determination or decision that may be made by the Corporation or by the Calculation Agent with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate, including any determination with respect to a rate or adjustment or of the occurrence or nonoccurrence of an event, circumstance or date and any decision to take or refrain from taking any action or any selection: (i) shall be conclusive and binding absent manifest error; (ii) if made by the Corporation, shall be made in its sole discretion; (iii) if made by the Calculation Agent, shall be made after consultation with the Corporation, and the Calculation Agent shall not make any such determination or decision to which the Corporation reasonably objects; and (iv) notwithstanding anything to the contrary herein, shall become effective without consent from the holders of the Series OO NN Preferred Stock or any other party. If the Calculation Agent fails to make any determination or decision that it is required to make hereunder with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate, then the Corporation shall make that determination or decision on the same basis as described above.

Determinations and Decisions. The Corporation and the Calculation Agent are expressly authorized to make certain determinations and decisions hereunder with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate. Any determination or decision that may be made by the Corporation or by the Calculation Agent with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate, including any determination with respect to a rate or adjustment or of the occurrence or nonoccurrence of an event, circumstance or date and any decision to take or refrain from taking any action or any selection: (i) shall be conclusive and binding absent manifest error; (ii) if made by the Corporation, shall be made in its sole discretion; (iii) if made by the Calculation Agent, shall be made after consultation with the Corporation, and the Calculation Agent shall not make any such determination or decision to which the Corporation reasonably objects; and (iv) notwithstanding anything to the contrary herein, shall become effective without consent from the holders of the Series OO KK Preferred Stock or any other party. If the Calculation Agent fails to make any determination or decision that it is required to make hereunder with respect to technical, administrative and operational matters relating to any use of a substitute or successor base rate for the Treasury Rate, then the Corporation shall make that determination or decision on the same basis as described above.