Conclusiveness of Statements; Survival of Provisions. Determinations and statements of Lender pursuant to Sections 4.2.1, 4.2.2, 4.2.3 or 4.2.4 shall be conclusive absent demonstrable error. Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 and 4.2.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
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Samples: Loan and Security Agreement (Lawson Products Inc/New/De/), Loan and Security Agreement (WESTMORELAND COAL Co)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of Lender pursuant to Sections 4.2.1, 4.2.2, 4.2.3 or 4.2.4 shall be conclusive absent demonstrable error. Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 and 4.2.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notesnotes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Katy Industries Inc), Loan and Security Agreement (Broadwind Energy, Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of Lender pursuant to Sections 4.2.16.1, 4.2.26.2, 4.2.3 or 4.2.4 6.3, 6.4 and 6.7 shall be conclusive absent demonstrable error. Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 6.1 and 4.2.46.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Note(s) and termination of this Agreement.
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Conclusiveness of Statements; Survival of Provisions. (a) Determinations and statements of Lender pursuant to Sections 4.2.1Section 8.1, 4.2.28.2, 4.2.3 8.3 or 4.2.4 8.4 shall be conclusive absent demonstrable errorprima facie evidence of the amounts owing. Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 8.1 and 4.2.48.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any the Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (SPSS Inc)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of Lender pursuant to Sections 4.2.16.1, 4.2.26.2, 4.2.3 6.3 or 4.2.4 6.4 shall be conclusive absent demonstrable error. Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 6.1 and 4.2.46.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Note and the termination of this Agreement.β
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Conclusiveness of Statements; Survival of Provisions. Determinations and statements of Lender pursuant to Sections 4.2.16.1, 4.2.26.2, 4.2.3 6.3 or 4.2.4 6.4 shall be conclusive absent demonstrable error. Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 6.1 and 4.2.46.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Note and the termination of this Agreement.
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Conclusiveness of Statements; Survival of Provisions. Determinations and statements of Lender pursuant to Sections 4.2.17.1, 4.2.27.2, 4.2.3 7.3, or 4.2.4 7.4 shall be conclusive absent demonstrable error. Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 7.1 and 4.2.47.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any NotesNote(s), expiration or termination of the Letters of Credit and termination of this Agreement.
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Conclusiveness of Statements; Survival of Provisions. Determinations and statements of Lender pursuant to Sections 4.2.16.1, 4.2.26.2, 4.2.3 6.3 or 4.2.4 6.4 shall be conclusive absent demonstrable error. Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 6.1 and 4.2.46.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit Notes and the termination of this Agreement.
Appears in 1 contract
Samples: Term Loan and Revolving Credit Agreement (Byline Bancorp, Inc.)
Conclusiveness of Statements; Survival of Provisions. Determinations and statements of a Lender pursuant to Sections 4.2.1, 4.2.2, 4.2.3 or 4.2.4 shall be conclusive absent demonstrable error. Each Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 and 4.2.4, and the provisions of such Sections Table of Contents shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
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Conclusiveness of Statements; Survival of Provisions. Determinations and statements of a Lender pursuant to Sections 4.2.1, 4.2.2, 4.2.3 or 4.2.4 Section 4.2.1 shall be conclusive absent demonstrable error. Each Lender may use reasonable averaging and attribution methods in determining compensation under Sections 4.2.1 and 4.2.4Section 4.2.1, and the provisions of such Sections Section shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.
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