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 determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 36 contracts
Samples: Credit Agreement (American Dental Partners Inc), Term Loan Agreement (American Dental Partners Inc), Credit Agreement (Calgon Carbon Corporation)
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, Lender shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 25 contracts
Samples: Credit Agreement (Reynolds American Inc), Credit Agreement (Fairpoint Communications Inc), Possession Credit Agreement (Fairpoint Communications 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, Bank shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 18 contracts
Samples: Credit Agreement (Amtrol Inc /Ri/), Credit Agreement (Pueblo Xtra International Inc), Credit Agreement (Zurn Industries Inc)
Increased Costs, Illegality, etc. (a) In the event that (xy) in the case of clause (i) below, the Administrative Agent or (yz) in the case of clauses (ii) and (iii) below, any Lender, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 18 contracts
Samples: Intercreditor Agreement (Preferred Apartment Communities Inc), Credit Agreement, Credit Agreement (Mercury Computer Systems 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 on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 17 contracts
Samples: Credit Agreement (MultiPlan Corp), Amendment Agreement (MultiPlan Corp), Incremental Agreement (Snap One Holdings Corp.)
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 LenderBank, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 17 contracts
Samples: Credit Agreement (Primedia Inc), Credit Agreement (Primedia Inc), Credit Agreement (About, 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, the Required Lenders shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 17 contracts
Samples: Credit Agreement (Vistra Energy Corp.), Credit Agreement (Vistra Corp.), Junior Lien Intercreditor Agreement (Energy Future Competitive Holdings Co LLC)
Increased Costs, Illegality, etc. (a) In the event that (xy) in the case of clause (i) below, the Administrative Agent or (yz) in the case of clauses (ii) and (iii) below, any LenderLender or other Recipient, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 14 contracts
Samples: Credit Agreement (Kona Grill Inc), Assignment Agreement (Purple Innovation, Inc.), Credit Agreement (SmartStop Self Storage REIT, Inc.)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or and (y) in the case of clauses (ii) and (iii) below, any Lender, the Required Lenders shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 14 contracts
Samples: Credit Agreement (Ardagh Finance Holdings S.A.), Intercreditor Agreement (Aveanna Healthcare Holdings, Inc.), Credit Agreement (Academy Sports & Outdoors, 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, in each case, shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 9 contracts
Samples: Lien Revolving Credit Agreement (Teligent, Inc.), Credit Agreement (Minerva Surgical Inc), Assignment and Assumption (RTI Surgical Holdings, 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 determined on a reasonable basis in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 9 contracts
Samples: Credit Agreement (EnerSys), Credit Agreement (Quality Distribution Inc), Credit Agreement (EnerSys)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent (or, in the case of the Posting Facility, the Posting Agent) or (y) in the case of clauses (ii) and (iii) below, any Lender, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 5 contracts
Samples: Intercreditor Agreement (Energy Future Intermediate Holding CO LLC), Credit Agreement (Energy Future Competitive Holdings CO), Credit Agreement (Energy Future Intermediate Holding CO LLC)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent Agent, or (y) in the case of clauses (ii) and (iii) below, any Lender, shall have determined on a reasonable basis in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 5 contracts
Samples: Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD)
Increased Costs, Illegality, etc. (a) In the event that Subject to Section 3.05, if (xy) in the case of clause (i) below, the Administrative Agent or (yz) in the case of clauses (ii) and (iii) below, any Lender, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 5 contracts
Samples: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (InfrastruX Group, Inc.)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the applicable Administrative Agent or (y) in the case of clauses (ii), (iii) and (iiiiv) below, any Lender, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 4 contracts
Samples: Abl Credit Agreement (Univar Solutions Inc.), Abl Credit Agreement (Univar Inc.), Abl Credit Agreement (Univar 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 LenderLender or other Recipient, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 4 contracts
Samples: Credit Agreement (GTT Communications, Inc.), Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent Agent, or (y) ), in the case of clauses (ii) and (iii) below, any Lender, shall have determined on a reasonable basis (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto)::
Appears in 4 contracts
Samples: Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)
Increased Costs, Illegality, etc. (a) In the event that (x1) in the case of clause (i) below, the Administrative Agent Agents or (y2) in the case of clauses (ii) and (iii) below, any Lender, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group 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 through (iiiiv) below, any Lender, shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Security Agreement (MultiPlan Corp), Credit Agreement (MultiPlan Corp), Credit Agreement (Snap One Holdings Corp.)
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, Lender shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (Unilab Corp /De/), Assignment Agreement (MJD Communications Inc), Credit Agreement (MJD Communications 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 clause (ii) and (iii) below, any Lender, in each case, shall have reasonably determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (Elephant Talk Communications Corp), Credit Agreement (PARETEUM Corp), Credit Agreement (PARETEUM Corp)
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 determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Security Agreement (Marathon Power Technologies Co), Credit Agreement (Champion Aerospace Inc), Security Agreement (Symons Corp)
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, Lender shall have determined on a reasonable basis (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (Noble Corp), Credit Agreement (Noble Drilling Corp), Credit Agreement (Noble Corp)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Administrative Agent or Agent, (y) in the case of clauses (ii) and (iii) below, any Lender, or (z) in the case of clause (iv) below, any Lender or the Administrative Agent, shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (Laureate Education, Inc.), Second Lien Intercreditor Agreement (Laureate Education, Inc.)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause clauses (i) and (iii) below, the Administrative Agent or and (y) in the case of clauses (ii), (iii) and (iiiiv) below, any Lender, as applicable, shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (Del Frisco's Restaurant Group, Inc.), Credit Agreement (Del Frisco's Restaurant Group, Inc.)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause clauses (ii)(x) and (y) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):) that:
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Rockwood Specialties Group Inc), Senior Bridge Loan Agreement (Activant Solutions Inc /De/)
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 determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties heretohereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Appears in 2 contracts
Samples: Credit Agreement (Eye Care Centers of America Inc), Credit Agreement (Eye Care Centers of America 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 clause (ii) and or (iii) below, any Lender, Lender shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (Mbia Inc), Credit Agreement (Mbia Inc)
Increased Costs, Illegality, etc. (avii) 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, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause clauses (i) and (iv) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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 on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Increased Costs, Illegality, etc. (a) In the event that (xy) in the case of clause (i) below, the Administrative Agent or (yz) in the case of clauses (ii) and (iii) below, any Lender, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):): 45
Appears in 1 contract
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, Lender shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Hci Direct 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 determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):all
Appears in 1 contract
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, Lender shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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, in each case, shall have determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Cinema and Administrative Agreement (Cinedigm Digital Cinema Corp.)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the applicable Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):): 77
Appears in 1 contract
Samples: Credit Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the applicable Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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, in each case, shall have determined on a reasonable basis (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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, Lender shall have reasonably determined on a reasonable basis (which determination deter- mination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Hca Inc/Tn)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) or (iv) below, the Administrative Agent or the Swingline Lender (as applicable) or (y) in the case of clauses clause (ii) and or (iii) below, any Lender, Lender shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Mbia 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 LenderLender or other Recipient, shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
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, Lender shall have determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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 LenderLender or any Agent, in each case, shall have determined on a reasonable basis (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Loan Agreement (Phi Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the US Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Lender, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Premdor Finace LLC)
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, Lender shall have determined on a reasonable basis in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Qualcomm Inc/De)
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), (iii) and (iiiiv) below, any Lender, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Restatement Agreement (Univar 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, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest demonstrable error, be final and conclusive and binding upon all parties heretohereto but, with respect to clauses (i) and (iv) below, may be made only by the Administrative Agent):
Appears in 1 contract
Samples: Credit Agreement (Vertis 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, Lender shall have determined on a reasonable basis reasonably deter- mined (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
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 has determined on a reasonable basis (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Stoneridge Inc)
Increased Costs, Illegality, etc. (a) (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, Lender shall have reasonably determined on a reasonable basis (which determination shall, absent manifest clearly demonstrable error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (First Data Corp)