Form of Consideration. Whenever the distribution provided for in this Section 4 shall be payable in property other than cash, the value of such distribution shall be the Fair Market Value of such property.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Genaissance Pharmaceuticals Inc), Agreement and Plan of Merger (Genaissance Pharmaceuticals Inc), First Amendment (Genaissance Pharmaceuticals Inc)
Form of Consideration. Whenever the distribution provided for in this Section 4 shall be payable in property a form other than securities or cash, the value of such distribution shall be the Fair Market Value fair market value as determined in good faith by the Board, including a majority of such propertythe Investor Directors.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc)
