Common use of Computations and Determinations Clause in Contracts

Computations and Determinations. All interest shall be computed on the basis of a year of 360 days and paid for the actual number of days elapsed during an Interest Period. Lender shall determine each interest rate applicable to the Debt in accordance with this Agreement and its determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence of all sums owing to Lender from time to time under this Agreement, but the failure to record any such information shall not limit or affect the obligations of Borrower under the Loan Documents.

Appears in 6 contracts

Samples: Letter Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc), Loan Agreement (RFS Partnership Lp)

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Computations and Determinations. All interest shall be computed on the basis of a year of 360 days and paid for the actual number of days elapsed during an Interest Period(including the first day but excluding the last day). Lender shall determine each interest rate applicable to the Principal Debt in accordance with this Agreement Note and its determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence conclusive evidence, in the absence of manifest error, of all sums owing to Lender from time to time under this AgreementNote, but the failure to record any such information shall not limit or affect the obligations of Borrower under the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (St Joe Co), Revolving Loan Note (Cost Plus Inc/Ca/), Cost Plus Inc/Ca/

Computations and Determinations. All interest shall be computed on the basis of a year of 360 days and paid for the actual number of days elapsed during an Interest Period. Lender shall determine in good faith each interest rate applicable to the Debt in accordance with this Agreement and its such determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence of all sums owing to Lender from time to time under this Agreement, but the failure to record any such information shall not limit or affect the obligations of Borrower under the Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)

Computations and Determinations. All interest shall be computed on the basis of a year of 360 days and paid for the actual number of days elapsed during an Interest Periodelapsed. Lender shall determine each interest rate applicable to the Debt in accordance with this Agreement and its determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence of all sums owing to Lender from time to time under this Agreement, but the failure to record any such information shall not limit or affect the obligations of Borrower under the Loan Documents.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

Computations and Determinations. All interest shall be computed on the basis of a year of 360 365 days and paid for the actual number of days elapsed during an Interest Period(including the first day but excluding the last day). Lender shall determine each interest rate amount applicable to the Principal Debt in accordance with this Agreement Note and its determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence conclusive evidence, in the absence of manifest error, of all sums owing to Lender from time to time under this AgreementNote, but the failure to record any such information shall not limit or affect the obligations of Borrower under the Loan Documents.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Inpixon)

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Computations and Determinations. All interest shall be computed on the basis of a year of 360 days and paid for the actual number of days elapsed during an Interest Periodelapsed. Lender shall determine each interest rate applicable to the Principal Debt in accordance with this Agreement Note and its determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence conclusive evidence, in the absence of manifest error, of all sums owing to Lender from time to time under this AgreementNote, but the failure to record any such information shall not limit or affect the obligations of Borrower under the Loan Documents.

Appears in 1 contract

Samples: Term Loan Agreement (Acadia Realty Trust)

Computations and Determinations. All interest shall be computed on the basis of a year of 360 days and paid for the actual number of days elapsed during an Interest Periodelapsed. Lender shall determine each interest rate applicable to the Debt in accordance with this Agreement and its determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence of all sums owing to Lender from time to time under this Agreement, but the failure to record any such information shall not limit or affect the obligations of Borrower Maker under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Capital Lodging)

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