Determinations, Etc. Notwithstanding any other provision of this Agreement to the contrary, all determinations and redeterminations and adjustments by the Administrative Agent (and any determinations and decisions by each of the Banks or Majority Banks in connection therewith, or in connection with the provisions of Section 2.10 or Section 9.22, including any thereof approving or disapproving a proposed redetermination or redetermination by the Administrative Agent or effecting any adjustment to any element included in a Reserve Evaluation Report or the determination or redetermination of the Borrowing Base) shall be made on a reasonable basis, in good faith and in a manner reasonably consistent with their loan parameters for similar production loans for similarly situated companies and consistent with the basis on which the initial Borrowing Base was determined to be acceptable to the Banks (but after giving effect to changes in facts and circumstances occurring after the date of such initial determination including, but not limited to, reserves and production, operating expenses, Commodity Hedging Agreement and economic assumptions with respect to price of Hydrocarbons and inflation), and any such determination, redetermination or adjustment shall consider any other relevant information or factors, including without limitation, any additional Indebtedness or other obligations that have been incurred or that the Borrower and its Restricted Subsidiaries intend or expect to incur that the Majority Banks may deem appropriate; provided that, unless otherwise accepted by the Majority Banks, no Hydrocarbon Properties acquired by any Subsidiary of the Borrower shall be included in the calculation of the Borrowing Base unless such Subsidiary is an Obligor under this Agreement; provided further that, for the period from (and including) the Closing Date to (but excluding) the Step-Up Date, the Borrowing Base shall not exceed $7,000,000.
Determinations, Etc. By Agent. All determinations, calculations and selections made by the Agent in good faith pursuant hereto shall be binding on all parties hereto. Neither the Agent nor any of its directors, officers or employees shall be liable for any action taken or determination, calculation or selection made, by the Agent hereunder, except that the Agent shall be responsible for its gross negligence, bad faith or willful misconduct.
Determinations, Etc. By Pricing Agent. All determinations, calculations and selections made by any Pricing Agent in good faith pursuant hereto shall be binding on all parties hereto. Neither any Pricing Agent nor any of its directors, officers or employees shall be liable for any action taken or determination, calculation or selection made, by such Pricing Agent hereunder, except that such Pricing Agent shall be responsible for its gross negligence, bad faith or willful misconduct.
Determinations, Etc. All determinations and redeterminations and adjustments by the Agent provided for above in this Section 1.03 or in the definition of "Present Value of Reserves" in Section 1.01 (and any determinations and decisions by the Majority Banks in connection therewith, including any thereof approving or disapproving a proposed redetermination or redetermination by the Agent or effecting any adjustment to any element included in a Reserve Evaluation Report or the determination or redetermination of the Borrowing Base) shall be made on a reasonable basis, in good faith and in a manner reasonably consistent with the basis on which the initial Borrowing Base was determined to be acceptable to the Banks (but after giving effect to changes in facts and circumstance occurring after the date of such initial determination including, but not limited to, reserves and production, operating expenses and economic assumptions with respect to price of hydrocarbons and inflation), and any such determination, redetermination or adjustment shall consider any other relevant information or factors, including without limitation, any additional Indebtedness or other obligations that may be incurred by the Company and its Restricted Subsidiaries that the Majority Banks may deem appropriate, PROVIDED that no Hydrocarbon Properties acquired by any Subsidiary of the Company after the date hereof shall be included in the calculation of the Borrowing Base unless such Subsidiary is a Subsidiary Guarantor under this Agreement.
Determinations, Etc. All determinations and redeterminations and adjustments of the Borrowing Base, Threshold Amount or any Borrowing Base Assumption by the Administrative Agent or the Required Lenders provided Credit Agreement for in this Section 1.04 or in the definition of "Present Value of Reserves" in Section 1.01 hereof, including any approvals or disapprovals of a determination or redetermination of the Borrowing Base, Threshold Amount or any Borrowing Base Assumption or any adjustment thereof shall be made on a reasonable basis, in good faith, in a manner reasonably consistent with the basis on which the initial Threshold Amount was determined and in accordance with then current standards and practices of the Administrative Agent or the Lenders, as applicable, for similar oil and gas credits with respect to borrowers similar to the Borrower.
Determinations, Etc. It has been agreed in the Funding Credit Agreement that all determinations and redeterminations and adjustments of the Borrowing Base by the Agent or the Majority Lenders provided for in this Section 1.03 or in the definition of "Present Value of Reserves" in Section 1.01 hereof, including any approvals or disapprovals of a determination or redetermination of the Borrowing Base or any adjustment thereof shall be made on a reasonable basis, in good faith and in a manner reasonably consistent with prevailing practice in connection with borrowing base loans if then made by such lenders under the Funding Credit Agreement to comparable borrowers.
Determinations, Etc. All determinations and redeterminations and adjustments of the Borrowing Base by the Administrative Agent or the Majority Lenders provided for in this Section 1.03 or in the definition of "Present Value of Reserves" in Section 1.01 hereof, including any approvals or disapprovals of a determination or redetermination of the Borrowing Base or any adjustment thereof shall be made on a reasonable basis, in good faith and in a manner reasonably consistent with prevailing practice in connection with borrowing base loans if then made by the Lenders to comparable borrowers.
Determinations, Etc. The parties hereby agree that any consent, nomination, determination or other action permitted or required to be given, made or taken by the Investor under the Standstill Agreement, including without limitation under Sections 4.1, 4.2, 6.1 and 6.2 thereof, may instead be given, made or taken by the Trustees, and if so given, made or taken will be deemed to have been given, made or taken by the Investor for all purposes under the Standstill Agreement and Section 2.5(iv) of the Investment Agreement.
Determinations, Etc. All determinations and redeterminations and adjustments of the Borrowing Base, Threshold Amount or any Borrowing Base Assumption by the Administrative Agent or the Required Lenders provided for in this Section 1.04 or in the definition of "Present Value of Reserves" in Section 1.01 hereof, including any approvals or disapprovals of a determination or redetermination of the Borrowing Base, Threshold Amount or any Borrowing Base Assumption or any adjustment thereof shall be made on a reasonable basis, in good faith, in a manner reasonably consistent with the basis on which the initial Threshold Amount was determined and in accordance with then current standards and practices of the Administrative Agent or the Lenders, as applicable, for similar oil and gas credits with respect to borrowers similar to the Borrower.
