Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 28 contracts
Sources: Indenture (Wickes Inc), Indenture (CBRL Group Inc), Indenture (CBRL Group Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.07, 11.0810.08, 11.0910.09, 11.1010.10, 11.14 10.14 or 11.17 10.17 is conclusive.
Appears in 7 contracts
Sources: Indenture (Laboratory Corp of America Holdings), Indenture (Omnicom Group Inc), Indenture (Ingram Micro Inc)
Company Determination Final. Any determination that the Company or which the Board of Directors must make pursuant to Section 11.03, 11.06, Sections 11.07, 11.08, 11.09, 11.1011.11, 11.14 11.13 or 11.17 11.16 is conclusiveconclusive and binding on the Holders.
Appears in 6 contracts
Sources: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, Sections 11.07, 11.08, 11.0911.11, 11.10, 11.12 or 11.14 or 11.17 is shall be conclusive.
Appears in 3 contracts
Sources: Indenture (Wells Fargo & Co/Mn), Indenture (American Express Co), Indenture (American Express Co)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 hereof is conclusive.
Appears in 3 contracts
Sources: Indenture (Selective Insurance Group Inc), Indenture (Horace Mann Educators Corp /De/), Indenture (RPM International Inc/De/)
Company Determination Final. Any Subject to Section 10.15, any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.08, 11.0810.09, 11.0910.10, 11.1010.11, 11.14 10.12 or 11.17 10.14 is conclusive.
Appears in 3 contracts
Sources: Indenture (Excel Legacy Corp), Indenture (Excel Legacy Corp), Shareholder Agreement (Excel Legacy Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0311.3, 11.0611.7, 11.0711.8, 11.08, 11.0911.9, 11.10, 11.14 11.11, 11.15 or 11.17 11.18 is conclusive.
Appears in 3 contracts
Sources: Indenture (Atmel Corp), Indenture (Atmel Corp), Supplemental Indenture (Arrow Electronics Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.037.3, 11.067.6, 11.077.7, 11.087.8, 11.09, 11.10, 11.14 7.9 or 11.17 7.11 is conclusive.
Appears in 3 contracts
Sources: Senior Indenture (Beverly Enterprises Inc), Subordinated Indenture (Beverly Enterprises Inc), Subordinated Indenture (Beverly Enterprises Inc)
Company Determination Final. Any determination that the Company Company, or the Board of Directors of the Company or a duly authorized committee thereof must make pursuant to Section 11.033.03, 11.063.06, 11.073.07, 11.083.08, 11.093.09, 11.103.10, 11.14 3.14 or 11.17 3.17 is conclusive.
Appears in 3 contracts
Sources: Second Supplemental Indenture (Sirius Satellite Radio Inc), Third Supplemental Indenture (Sirius Satellite Radio Inc), First Supplemental Indenture (Sirius Satellite Radio Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make makes pursuant to Section Sections 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 2 contracts
Sources: Indenture (Vishay Intertechnology Inc), Indenture (Novellus Systems Inc)
Company Determination Final. Any determination that ----------------------------------------- the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 2 contracts
Sources: Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc)
Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to Section 11.0310.3, 11.0610.6, 11.0710.7, 11.0810.8, 11.0910.9, 11.1010.10, 11.14 10.14 or 11.17 10.17 is conclusive, absent manifest error.
Appears in 2 contracts
Sources: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.06Section 10.06, 11.07, 11.08, 11.09, 11.10, 11.14 Section 10.09 or 11.17 Section 10.12 is conclusive.
Appears in 2 contracts
Sources: Indenture (Expressjet Holdings Inc), Indenture (Expressjet Holdings Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusiveconclusive in the absence of manifest error.
Appears in 2 contracts
Sources: Indenture (Valassis Communications Inc), Indenture (Enron Corp/Or/)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 11.11, 11.15 or 11.17 11.18 is conclusive.
Appears in 2 contracts
Sources: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.07, 11.0810.08, 11.0910.09, 11.1010.10, 11.14 10.11, 10.15 or 11.17 10.18 is conclusive.
Appears in 2 contracts
Sources: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)
Company Determination Final. Any determination that the ------------------------------------------ Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 2 contracts
Sources: Indenture (Marriott International Inc /Md/), Indenture (Danaher Corp /De/)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.08, 11.0810.09, 11.0910.10, 11.1010.11, 11.14 10.12 or 11.17 10.14 is conclusive.
Appears in 2 contracts
Sources: Form 8 A, Indenture (Synetic Inc)
Company Determination Final. Any determination that the --------------------------- Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 2 contracts
Sources: Indenture (Merrill Lynch & Co Inc), Indenture (Times Mirror Co /New/)
Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to Section 11.0312.3, 11.06Section 12.6, 11.07Section 12.7, 11.08Section 12.8, 11.09Section 12.9, 11.10Section 12.10, 11.14 Section 12.14 or 11.17 Section 12.17 hereof is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03Sections 11.02, 11.0611.04, 11.07, 11.08, 11.09, 11.10, 11.14 11.07 or 11.17 is 11.10 shall be conclusive.
Appears in 1 contract
Sources: Indenture (Lockheed Martin Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.07, 11.0810.08, 11.0910.09, 11.10, 11.14 10.10 or 11.17 10.14 is conclusive.
Appears in 1 contract
Sources: Indenture (Amr Corp)
Company Determination Final. Any determination that the Company or the Board of Directors Company Trustee(s) must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 1 contract
Sources: Indenture (Eaton Vance Corp)
Company Determination Final. Any determination that the ---------------------------- Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 1 contract
Sources: Indenture (Merrill Lynch & Co Inc)
Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 1 contract
Sources: Indenture (Jones Apparel Group Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03Sections 9.1, 11.0610.3, 11.0710.6, 11.0810.8, 11.09, 11.10, 11.14 10.9 or 11.17 10.11 is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, ----- ----- 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.. ----- ----- ----- ----- ----- -----
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.03, 11.0610.06, 11.0710.08, 11.08, 11.09, 11.10, 11.14 10.09 or 11.17 10.11 is conclusive.
Appears in 1 contract
Sources: Indenture (Rockdale Resources Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 11.11, 11.14, 11.15, 11.19 or 11.17 11.22 is conclusive.
Appears in 1 contract
Sources: Indenture (Allergan Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0312.03, 11.0612.06, 11.0712.09, 11.0812.10, 11.09, 11.10, 11.14 12.14 or 11.17 12.17 is conclusive.
Appears in 1 contract
Sources: Indenture (Cke Restaurants Inc)
Company Determination Final. Any determination that ------------------------------------------ the Company or the Board of Directors must make pursuant to Section 11.03, 11.06, 11.07, 11.08, 11.09, 11.10, 11.14 or 11.17 is conclusive.
Appears in 1 contract
Sources: Indenture (Kohls Corporation)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0312.03, 11.0612.06, 11.0712.09, 11.0812.10, 11.0912.14, 11.10, 11.14 12.17 or 11.17 12.20 is conclusive.
Appears in 1 contract
Sources: Indenture (School Specialty Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0313.03, 11.0613.06, 11.0713.07, 11.0813.08, 11.0913.09, 11.1013.10, 11.14 13.14 or 11.17 13.17 is conclusive.
Appears in 1 contract
Sources: Indenture (Avon Products Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make makes pursuant to Section 11.039.03, 11.069.06, 11.079.07, 11.089.08, 11.099.09, 11.109.10, 11.14 9.11, 9.15 or 11.17 9.17 is conclusive, absent manifest error.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03SECTION 13.01, 11.0613.03, 11.0713.06, 11.0813.07, 11.0913.08, 11.1013.09, 11.14 13.13 or 11.17 13.16 is conclusive.
Appears in 1 contract
Sources: Indenture (Polymer Group Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.03SECTION 13.01, 11.0613.03, 11.0713.06, 11.0813.07, 11.0913.08, 11.1013.0 9, 11.14 13.10, 13.14 or 11.17 13.17 is conclusive.
Appears in 1 contract
Sources: Indenture (Polymer Group Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.038.3, 11.068.6, 11.078.7, 11.088.8, 11.098.9, 11.10, 11.14 8.10 or 11.17 8.14 of this Supplemental Indenture is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 11.0310.3, 11.0610.6, 11.0710.8, 11.08, 11.09, 11.10, 11.14 10.9 or 11.17 10.11 is conclusive.
Appears in 1 contract
Sources: Indenture (Titan Corp)
Company Determination Final. Any determination and/or calculation that the Company or the Board of Directors must make pursuant to Section 11.033.02, 11.063.06, 11.078.05, 11.089.01, 11.099.03, 11.109.06, 11.14 9.07, 9.08, 9.09, 9.10, 9.11, 9.12, 9.13, 9.14, 9.15, 9.17, 9.20, 9.22, 9.23 or 11.17 12.10 is conclusive, absent manifest error.
Appears in 1 contract
Sources: Indenture (Saks Inc)