Other Determinations. In addition, the Administrative Agent shall, in the normal course of business following a request of the Company, redetermine the Borrowing Base (in the same manner and subject to the same approvals as prescribed in Section 2.6(b) for the redetermination of the Borrowing Base); provided, however, (i) the Administrative Agent and the Lenders shall not be obligated to respond to more than one such request during any calendar year in addition to each scheduled annual and semi-annual redeterminations provided for above, and (ii) the Company shall have paid to the Administrative Agent a $20,000 engineering fee in connection with such requested redetermination of the Borrowing Base, regardless of whether or not such redetermination results in any increase to the Borrowing Base. Notwithstanding the foregoing, the Administrative Agent may, at the request of the Supermajority Lenders, redetermine the Borrowing Base (in the same manner and subject to the same approvals as prescribed in Section 2.6(b) for the redetermination of the Borrowing Base) at any other time and from time to time; provided, however, the Administrative Agent and the Lenders may not redetermine the Borrowing Base under this second sentence of this Section 2.6(d) more than one time during any calendar year, subject to the terms of Section 2.6(g).
Other Determinations. The General Manager may, on occasion, determine that Council will pay an amount outside of the salary system to attract and/or retain an individual in a critical position.
Other Determinations. The Company and the Administrative Agent may establish procedures not materially inconsistent with this Agreement pursuant to which the Administrative Agent may conclusively determine, for purposes hereof, the amounts from time to time to be distributed or paid by the Administrative Agent from cash available in the Accounts or pursuant to which the Administrative Agent and the Company may provide for reasonable operating and administrative flexibility.
Other Determinations. 18 SECTION 7.3 Available Cash.............................................. 18 ARTICLE VIII
Other Determinations. Any and all actions, decisions and determinations taken or made by the Board in the exercise of its discretion pursuant to the Plan or the Award or other agreement thereunder (that are not questions of interpretation governed by Section 3.1) shall be final, binding and conclusive upon all persons having an interest in the Award. Any Officer shall have the authority to act on behalf of the Company with respect to any matter, right, obligation, or election which is the responsibility of or which is allocated to the Company herein, provided the Officer has actual authority with respect to such matter, right, obligation, or election.
Other Determinations. In the event that the Parties are unable to reach agreement regarding (i) the establishment of Selectivity Parameters pursuant to Section 2.5.9; or (ii) designating the variant species of a protein to be included with a specific Target pursuant to Section 2.5.9, and the Parties have not resolved such dispute through good faith negotiations, such dispute shall be resolved in accordance with this Section 15.2.2. Upon written request by either Party, a dispute described in the preceding sentence will be resolved through the binding determination by a mutually agreed independent expert in the relevant field of biochemistry. In the event the Parties cannot agree on such independent Third Party, then each Party shall nominate an independent scientist with appropriate expertise, and the Parties’ nominees shall select the independent expert to perform the binding determination. Each Party shall prepare a written report setting forth its position or proposal with respect to the Selectivity Parameters and/or Target scope, as applicable, and shall submit such report to the independent expert within ten (10) days after selection of such expert. The expert shall select one of the requested positions as his or her decision, and shall not have the authority to render any substantive decision other than to so select the position of either Biogen Idec or Sunesis. The findings of such Third Party with respect to such dispute shall be binding on the Parties, and the costs of such testing shall be borne by the losing Party.
Other Determinations. All decisions and other matters concerning the computation and allocation of items of income, gain, loss, deduction and credit among the Members, and accounting procedures not specifically and expressly provided for by the terms of this Agreement, shall be determined by the Members by Required Approval.
Other Determinations. The Partnership, the Grantee and the Security Agent shall establish procedures pursuant to which the Security Agent may conclusively determine, for purposes of this Agreement, the amounts from time to time to be distributed or paid by the Security Agent from cash available in the Accounts. In the event of any dispute as to any such amount, the Security Agent is authorized and directed to retain in its possession without liability to anyone all or any part of the cash available in the Accounts until such dispute shall have been settled by mutual agreement of the Partnership and the Grantee or by a final order, decree or judgment of a Federal or State court of competent jurisdiction located in the State of North Carolina or the State of New York, and time for an appeal has expired and no appeal has been perfected, but the Security Agent shall be under no duty whatsoever to institute or defend any such proceedings.
Other Determinations. The Partnership, GE Capital and the Security Agent may establish procedures not inconsistent with this Agreement pursuant to which the Security Agent may conclusively determine, for purposes of this Agreement, the amounts from time to time to be distributed or paid by the Security Agent from cash available in the Accounts.
Other Determinations. 113 SECTION 8.31. Sales of Permitted Investments..........................................................113 SECTION 8.32. Available Cash..........................................................................113 SECTION 8.33. Termination.............................................................................113 ARTICLE IX THE ADMINISTRATIVE AGENT...........................................................113 ARTICLE X
