Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 140 contracts
Samples: Credit Agreement (Semtech Corp), Amendment and Restatement Agreement (Tesla, Inc.), Credit Agreement (Magellan Health Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender shall have reasonably determined (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 132 contracts
Samples: Credit Agreement (NXP Semiconductors N.V.), Joinder Agreement (HCA Healthcare, Inc.), 2017 November Joinder Agreement (First Data Corp)
Increased Costs, Illegality, etc. (a) In the event that any Lender Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 50 contracts
Samples: Credit Agreement (Coinmach Service Corp), Credit Agreement (Consolidated Container Co LLC), Gramercy Capital Corp
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 46 contracts
Samples: Term Loan Agreement (Aleris International, Inc.), Credit Agreement (Baltic Trading LTD), Intercreditor Agreement (Dole Food Co Inc)
Increased Costs, Illegality, etc. (a) In the event that the Administrative Agent or any Lender shall have reasonably determined (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 21 contracts
Samples: Revolving Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):
Appears in 13 contracts
Samples: Credit Agreement (Mobile Mini Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):
Appears in 12 contracts
Samples: Credit Agreement (Aleris Ohio Management, Inc.), Possession Credit Agreement (Cooper-Standard Holdings Inc.), Term Loan Agreement (Aleris International, Inc.)
Increased Costs, Illegality, etc. (a) In the event that If any Lender (or, with respect to clauses (i) and (iv) below, the Administrative Agent) shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 6 contracts
Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 6 contracts
Samples: Fourth Amendment (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative Agent):
Appears in 6 contracts
Samples: Amendment and Restatement Agreement (Infrastructure & Energy Alternatives, Inc.), Restatement Agreement (Infrastructure & Energy Alternatives, Inc.), Credit and Guaranty Agreement (FTT Holdings, Inc.)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) or (iv) below, the Administrative Agent or (y) in the case of clause (ii) or (iii) below, any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 5 contracts
Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD), Credit Agreement (Mbia Inc)
Increased Costs, Illegality, etc. (a) In Subject to clause Section 2.11(b), in the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative Agent):
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Anvilire), Credit and Guaranty Agreement (Ancestry.com LLC), Credit and Guaranty Agreement (Ancestry.com LLC)
Increased Costs, Illegality, etc. (a) In the event that any Lender (or with respect to clause (iv), any Lender or Agent) shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):) after the Closing Date:
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Dynegy Inc.), Credit Agreement (Dynegy Inc.), Credit Agreement (PPL Energy Supply LLC)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) or (iii)(z) below, may be made only by the Administrative AgentAgent or the Required Lenders):
Appears in 5 contracts
Samples: Credit Agreement (Urban One, Inc.), Credit Agreement (Urban One, Inc.), Credit Agreement (Radio One, Inc.)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) or (iv) below, may be made only by the Administrative Agent):
Appears in 4 contracts
Samples: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Phoenix Container, Inc.), Credit Agreement (Bway Corp)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):) and shall have certified to the Company in writing that it has made such determination with respect to similarly-situated borrowers:
Appears in 4 contracts
Samples: Credit Agreement (CVR Energy Inc), Credit Agreement (CVR Refining, LP), Credit Agreement
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 3 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Eagle Picher Technologies LLC), Credit Agreement (Neff Corp)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (ii)(A) below, may be made only by the Administrative Agent, and with respect to clause (i)(B) below may be made only by the Administrative Agent, acting at its own discretion or at the direction of the Required Lenders):
Appears in 3 contracts
Samples: Credit Agreement (CF Industries Holdings, Inc.), Credit Agreement (CF Industries Holdings, Inc.), Credit Agreement (CF Industries Holdings, Inc.)
Increased Costs, Illegality, etc. (a) In the event that any Lender or Agent shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 3 contracts
Samples: Credit Agreement (Lee Enterprises, Inc), Credit Agreement (Lee Enterprises, Inc), Junior Intercreditor Agreement (Lee Enterprises, Inc)
Increased Costs, Illegality, etc. (a) In the event that any --------------------------------- Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 2 contracts
Samples: Credit Agreement (Waters Corp /De/), Credit Agreement (Idt Corp)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and final, conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 2 contracts
Samples: Credit Agreement (Stone Container Corp), Credit Agreement (Stone Container Corp)
Increased Costs, Illegality, etc. (a) In the event that any Lender or any Certificate Holder shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 2 contracts
Samples: Participation Agreement (Universal Compression Holdings Inc), Participation Agreement (Universal Compression Inc)
Increased Costs, Illegality, etc. (a) In the event that the Administrative Agent, with respect to clauses (i) and (iv) below or any Lender with respect to clauses (ii) and (iii) below or shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 2 contracts
Samples: Credit Agreement (Furon Co), Furon Co
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 2 contracts
Samples: Credit Agreement (Trump Hotels & Casino Resorts Funding Inc), Credit Agreement (Trumps Castle Funding Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) or (iv) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto buthereto, with respect to clause (i) below, may be provided that such determination has been made only by the Administrative Agentin good faith):
Appears in 2 contracts
Samples: Credit Agreement (Baldwin Technology Co Inc), Credit Agreement (Baldwin Technology Co Inc)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative AgentAgents):
Appears in 2 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (Fintech Acquisition Corp. II)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent)::
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, subject to Section 1.13, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 2 contracts
Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (First Horizon Pharmaceutical Corp)
Increased Costs, Illegality, etc. (a) In the event that any Lender or Issuing Lender shall have determined (which determination shall, absent manifest or demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 2 contracts
Samples: Credit Agreement and Syndicated Facility Agreement (Owens-Illinois Group Inc), Assignment and Assumption Agreement (Owens-Illinois Group Inc)
Increased Costs, Illegality, etc. (ah) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
Increased Costs, Illegality, etc. (a) In the event that any --------------------------------- Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Credit Agreement (Manitowoc Co Inc)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined determined (which determination shall, absent manifest error, be final and conclusive and binding binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) (i) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative AgentAgent or the Required Lenders, as applicable):
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Alden Global Capital LLC)
Increased Costs, Illegality, etc. (a) In the event that any -------------------------------- Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Credit Agreement (Nm Licensing LLC)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive presumed correct and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender with respect to clauses (ii) and (iii) below or the Administrative Agent with respect to clause (i) below shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 1 contract
Samples: Day Credit Agreement (Toys R Us Inc)
Increased Costs, Illegality, etc. (a) In the event that any Lender (or, the Administrative Agent, in the case of Section 2.8(a)(i) as to which only the Administrative Agent is permitted to make a determination) shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 1 contract
Samples: Credit Agreement (Vitro Sa De Cv)
Increased Costs, Illegality, etc. (ai) In the event that any Lender Lender, including Agent, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (ia) and (b)(y) below, may shall be made only by the Administrative after consultation with Company and Agent):
Appears in 1 contract
Samples: Credit Agreement (Danaher Corp /De/)
Increased Costs, Illegality, etc. (a) In the event that any Term Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Shuffle Master Inc
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) or (iii)(z) below, may be made only by the Administrative AgentAgent or the Required Lenders):
Appears in 1 contract
Samples: Credit Agreement (Radio One, Inc.)
Increased Costs, Illegality, etc. (a) In the event that any Lender with respect to clauses (ii) and (iii) below or the Administrative Agent, the Reference Lender, or the applicable Lender, as the case may be, with respect to clauses (i) and (iv) below shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 1 contract
Samples: Credit Agreement (Tiffany & Co)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have reasonably determined (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (ii)(x) and (iv) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto buthereto, but with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest or demonstrable error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iii)(z) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Credit Agreement (Aearo CO I)
Increased Costs, Illegality, etc. (a) In a)In the event that (x) in the case of clause (i) or (iv) below, the Administrative Agent or (y) in the case of clause (ii) or (iii) below, any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 1 contract
Samples: Credit Agreement (Partnerre LTD)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative AgentAgent or the Required Lenders, as set forth below):
Appears in 1 contract
Samples: Credit Agreement (Flowers Foods Inc)
Increased Costs, Illegality, etc. (a) In the event that any Lender Purchaser shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined reasonably and in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause clauses (i) and (iv) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Abl Credit Agreement (Ciena Corp)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative AgentPayments Administrator):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that any --------------------------------- Lender shall have reasonably determined (which reasonable determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that Administrative Agent in the case of (i) below or any Tranche B Lender in the case of (ii) or (iii) below shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Assignment and Assumption Agreement (BRL Universal Equipment Corp)
Increased Costs, Illegality, etc. (a) In the event that If any Lender (or, with respect to clause (i) below, the Administrative Agent) shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agenthereto):
Appears in 1 contract
Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)
Increased Costs, Illegality, etc. (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (iA) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Janus International Group, Inc.)
Increased Costs, Illegality, etc. (aA) In the event that Administrative Agent or any Senior Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 1 contract