Common use of Calculations and Determinations Clause in Contracts

Calculations and Determinations. All calculations under the Loan Documents of fees and of interest shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent or a Lender of amounts to be paid under Sections 2.13 through 2.18 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar Rate, Fixed Rate, Business Day, Interest Period, or Reserve Percentage) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Lenders otherwise consent all financial statements and reports furnished to Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Forcenergy Inc), Credit Agreement (Forcenergy Inc)

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Calculations and Determinations. All calculations under the Loan Documents of fees and of interest shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent or a Lender of amounts to be paid under Sections 2.13 2.10 through 2.18 2.14 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar Rate, Fixed Rate, Business Day, Interest Period, or Reserve Percentage) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Lenders Lender otherwise consent consents all financial statements and reports furnished to Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (WRT Energy Corp)

Calculations and Determinations. All calculations under the Loan Documents of fees and of interest shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent or a Lender of amounts to be paid under Sections 2.13 2.14 through 2.18 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar Rate, Fixed Rate, Business Day, Interest Period, or Reserve Percentage) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Lenders Lender otherwise consent consents all financial statements and reports furnished to Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Vista Energy Resources Inc)

Calculations and Determinations. All calculations under the Loan Documents of fees interest and of interest fees shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent or a Lender of amounts to be paid under Sections 2.13 through 2.18 2.07 and 2.08 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar Rate, Fixed Rate, Adjusted Eurodollar Rate or Business Day, Interest Period, or Reserve Percentage) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Lenders Agent otherwise consent consents all financial statements and reports furnished to Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

Calculations and Determinations. All calculations under the Loan Documents of interest and fees and of interest made under the Loan Documents shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent ; provided, however, that all calculations of interest based on the "Prime Rate" shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 365 or a Lender 366 days, as appropriate; and provided, further, however that, all calculations of amounts interest shall be subject to be paid under Sections 2.13 through 2.18 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar Rate, Fixed Rate, Business Day, Interest Period, or Reserve Percentage) shall, the limitations set forth in the absence of manifest error, be conclusive and bindingSection 8.6 hereof. Unless otherwise expressly provided herein or unless Required Lenders otherwise consent consent, all financial statements and reports furnished to Administrative Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Pioneer Natural Resources Co)

Calculations and Determinations. All calculations under the Loan Documents of fees and of interest shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent or a Lender of amounts to be paid under Sections 2.13 2.11 through 2.18 2.15 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar LIBOR Rate, Fixed Rate, Business Day, Interest Period, Period or Reserve Percentage) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Lenders Lender otherwise consent consents all financial statements and reports furnished to Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Offshore Energy Development Corp)

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Calculations and Determinations. All calculations under the ------------------------------- Loan Documents of fees interest and of interest fees shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent or a Lender of amounts to be paid under Sections 2.13 2.08 through 2.18 2.12 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar Rate, Fixed Adjusted Eurodollar Rate, Business Day, Interest Period, or Reserve Percentage) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Lenders Lender otherwise consent consents all financial statements and reports furnished to Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Nab Asset Corp)

Calculations and Determinations. All calculations under the ------------------------------- Loan Documents of fees interest and of interest fees shall be made on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent or a Lender of amounts to be paid under Sections 2.13 2.08 through 2.18 2.11 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar Rate, Fixed Adjusted Eurodollar Rate, Business Day, Interest Period, or Reserve Percentage) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Lenders Agent otherwise consent consents all financial statements and reports furnished to Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Nab Asset Corp)

Calculations and Determinations. All calculations fees and interest accruing under the Loan Documents of fees and of interest shall be made calculated on the basis of actual days elapsed (including the first day but excluding the last) and a year of 360 days. Each determination by Agent or a any Lender of amounts to be paid under Sections 2.13 2.11 through 2.18 2.15 or any other matters which are to be determined hereunder by Agent or a Lender (such as any Eurodollar Rate, Fixed Adjusted Eurodollar Rate, Business Day, Interest Period, or Reserve Percentage) shall, in the absence of manifest error, be conclusive and binding. Unless otherwise expressly provided herein or unless Required Majority Lenders otherwise consent all financial statements and reports furnished to Agent or any Lender hereunder shall be prepared and all financial computations and determinations pursuant hereto shall be made in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Aviva Petroleum Inc /Tx/)

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