Common use of Calculations and Certificates Clause in Contracts

Calculations and Certificates. 35.1 ACCOUNTS In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 2 contracts

Samples: Security Agreement (Pride International Inc), Subordination Agreement (Grohe Holding GMBH)

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Calculations and Certificates. 35.1 34.1 ACCOUNTS In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie PRIMA FACIE evidence of the matters to which they relate.

Appears in 2 contracts

Samples: Facilities Agreement (Abb LTD), Agreement (Messer Griesheim Holding Ag)

Calculations and Certificates. 35.1 ACCOUNTS 36.1 Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 2 contracts

Samples: Agreement (Kronos International Inc), Agreement (Nl Industries Inc)

Calculations and Certificates. 35.1 ACCOUNTS 34.1 Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Performance Shipping Inc.

Calculations and Certificates. 35.1 ACCOUNTS 32.1 Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Term and Revolving Facilities Agreement (Cemex Sa De Cv)

Calculations and Certificates. 35.1 ACCOUNTS Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Lender are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Management Agreement (Diana Shipping Inc.)

Calculations and Certificates. 35.1 ACCOUNTS 38.1Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Intercreditor Agreement (Manchester United PLC)

Calculations and Certificates. 35.1 36.1 ACCOUNTS In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Multicurrency Term and Revolving Facilities Agreement (Solutia Inc)

Calculations and Certificates. 35.1 31.1 ACCOUNTS In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie PRIMA FACIE evidence of the matters to which they relate.

Appears in 1 contract

Samples: Agreement (Abb LTD)

Calculations and Certificates. 35.1 ACCOUNTS 31.1 Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Facility Agreement (Bunge LTD)

Calculations and Certificates. 35.1 ACCOUNTS 33.1 Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (Schroder Ventures International Investment Trust PLC)

Calculations and Certificates. 35.1 32.1 ACCOUNTS In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Multicurrency Term and Revolving Facilities Agreement (Octel Corp)

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Calculations and Certificates. 35.1 ACCOUNTS 31.1 Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are are, in the absence of manifest error, prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Senior Secured Debt Facility Agreement (Hungarian Telephone & Cable Corp)

Calculations and Certificates. 35.1 ACCOUNTS 34.1 Accounts 146 00000000_9 In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: And Restatement Agreement (Liberty Global PLC)

Calculations and Certificates. 35.1 37.1 ACCOUNTS In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie PRIMA FACIE evidence of the matters to which they relate.

Appears in 1 contract

Samples: Facilities Agreement (Iron Mountain Inc/Pa)

Calculations and Certificates. 35.1 31.1 ACCOUNTS In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are the Lender are, in the absence of manifest error, prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Harsco Corp

Calculations and Certificates. 35.1 ACCOUNTS 24.1 Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Lender are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Facility Agreement (Advance Nanotech, Inc.)

Calculations and Certificates. 35.1 ACCOUNTS 29.1 Accounts In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.

Appears in 1 contract

Samples: Facility Agreement (Telecom Italia S P A)

Calculations and Certificates. 35.1 34.1 ACCOUNTS In any litigation or arbitration proceedings arising out of or in connection with a Finance DocumentDocument and by the Fronting Bank as to the amount paid out by the Fronting Bank in respect of any Guarantee, the entries made in the accounts maintained by a Finance Party are prima facie PRIMA FACIE evidence of the matters to which they relate.

Appears in 1 contract

Samples: Credit Agreement (Sappi LTD)

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