Common use of Facility Agent’s determination Clause in Contracts

Facility Agent’s determination. The written determination of the Facility Agent acting reasonably with regard to any matter which, according to Clause 2.4(a), is to be determined according to its reasonable opinion shall be conclusive save in the case of manifest error. No person shall have any recourse to the Facility Agent in relation to any such determination if it proves to be the case that its opinion was incorrect unless the Facility Agent was grossly negligent or fraudulent in making any such determination.

Facility Agent’s determination. The written determination of the Facility Agent acting reasonably with regard to any matter which, according to Clause 2.4(a), which is to be determined according to its reasonable opinion shall be conclusive save shall, in the case absence of manifest error, be conclusive. No person Person shall have any recourse to the Facility Agent in relation to any such determination if it proves to be the case that its opinion was incorrect unless the Facility Agent was grossly negligent or fraudulent in making any such determinationincorrect.