Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Agent or (y) in the case of clauses (ii) and (iii) below, any Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 10 contracts
Samples: Credit Agreement (Tristar Aerospace Co), Credit Agreement (Us Office Products Co), Credit Agreement (Labtec Inc /Ma)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Agent or (y) in the case of clauses (ii) and (iii) below, any Bank, Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 9 contracts
Samples: Credit Agreement (Fremont General Corp), Credit Agreement (Fremont General Corp), Credit Agreement (Universal Outdoor Holdings Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in --------------------------------- the case of clause (i) below, the Agent or (y) in the case of clauses (ii) and (iii) below, any Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 7 contracts
Samples: Credit Agreement (Collins & Aikman Floor Coverings Inc), Credit Agreement (Cambridge Industries Inc /De), Credit Agreement (Wesley Jessen Visioncare 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 Bank, Bank shall have determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 4 contracts
Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Agent or (y) in the case of clauses (ii) and (iii) below, any Bank, Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties heretohereto but, with respect to clauses (i) and (iii)(z) below, may be made only by the Administrative Agent):
Appears in 4 contracts
Samples: Acknowledgment and Assumption Agreement (Vestar Capital Partners Iv Lp), Security Agreement (Vestar Capital Partners Iv Lp), Credit Agreement (Gleason Corp /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 Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (Building One Services Corp), Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (U S a Floral Products 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 Bank, Bank shall have reasonably determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 3 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc)
Increased Costs, Illegality, etc. (a) In the event that (x1) in the case of clause (i) below, the Agent or (y2) in the case of clauses (ii) and (iii) below, any Bank, Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (Fremont General Corp), Pledge Agreement (Fremont General Corp)
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 Bank, Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (Ametek Inc/), Credit Agreement (Ametek 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 Bank, 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 2 contracts
Samples: And (Interstate Hotels Co), Credit Agreement (Highlands Insurance Group Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in --------------------------------- the case of clause (i) below, the Agent or (y) in the case of clauses (ii) and (iii) below, any Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive con clusive and binding upon all parties hereto):
Appears in 2 contracts
Samples: Credit Agreement (U S a Floral Products Inc), Credit Agreement (Alliance Imaging of Michigan 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 Bank (other than a Defaulting Bank, ) shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Ceres Group Inc)
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 Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Dade Behring Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in -------------------------------- the case of clause (i) below, the Agent or (y) in the case of clauses (ii) and (iii) below, any Bank, shall have determined (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 Agent or (y) in the case of clauses (ii) and (iii) below, any Bank, shall have determined (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 clauses (i) and (iv) below, the Administrative Agent or (y) in the case of clauses (ii) and (iii) below, any Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Dade Behring 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 Bank, Bank shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Ametek 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 Bank, shall have determined determine (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (Fisher Scientific International Inc)
Increased Costs, Illegality, etc. (a) In the event that (x) in the case of clause (i) below, the Agent Agent, or (y) in the case of clauses (ii) and (iii) below, any Bank, shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto):
Appears in 1 contract
Samples: Credit Agreement (McMS Inc)
