Failure to Deliver Borrowing Base Certificate. If Borrower fails to deliver a Borrowing Base Certificate as and when required, then in addition to Lender’s other rights and remedies, Lender may determine the amount of the Borrowing Base based upon information available to Lender and such determination by Lender shall be final and conclusive, absent manifest error.
Appears in 4 contracts
Samples: Credit Loan Agreement, Credit Loan Agreement (TRI Pointe Homes, Inc.), Credit Loan Agreement (William Lyon Homes)
Failure to Deliver Borrowing Base Certificate. If Borrower fails to deliver a Borrowing Base Certificate as and when required, then in addition to Lender’s other rights and remedies, Lender may reasonably determine the amount of the Borrowing Base based upon information available to Lender and such determination by Lender shall be final and conclusive, absent manifest error, unless and until Lender shall receive a new Borrowing Base Certificate determining the correct amount of the Borrowing Base.
Appears in 3 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (William Lyon Homes), Construction Loan Agreement (William Lyon Homes)
Failure to Deliver Borrowing Base Certificate. If Borrower fails to deliver a Borrowing Base Certificate as and when required, then in addition to Lender’s 's other rights and remedies, Lender may determine the amount of the Borrowing Base based upon information available to Lender and such determination by Lender shall be final and conclusive, absent manifest error.
Appears in 1 contract
