Objection Procedure. (i) Unless the Holder gives written notice to the Company of its objection (an “Objection”) to the Company’s calculation of the Adjusted Post-Money Valuation within 30 days following its receipt of the financial statements and accompanying chief financial officer’s certificate, the Company’s calculation shall be final and binding upon the parties for purposes of this Warrant. If the Holder waives in writing its right to deliver an Objection with respect to any such determination, the applicable determination shall be final and binding upon the parties as of the date of delivery of such waiver. Any Objection shall specify in reasonable detail the nature of any disagreement so asserted. Upon request of the Holder, the Company shall promptly provide a representative of the Holder such access to the books and records of the Company and its Subsidiaries as are reasonably necessary to confirm the Company’s calculation of the Adjusted Post-Money Valuation and the Holder agrees to maintain any such information in strict confidence (except for such disclosure to advisors or otherwise as appropriate in connection with the proceedings referred to below in clause (ii)). During the 15-day period following the delivery of an Objection, the Company and the Holder shall attempt in good faith to resolve any differences which they may have with respect to any matter specified in the Objection.
Objection Procedure. (i) Unless the Holder gives written notice to the Founder and the Company of its objection (an “Objection”) to the Company’s calculation of the 2009 Fiscal Year Revenue and/or 2010 Fiscal Year Revenue within 30 days following its receipt of the financial statements and accompanying chief financial officer’s certificate, the Company’s calculation shall be final and binding upon the parties for purposes of this Agreement. If the Holder waives in writing its right to deliver an Objection with respect to any such determination, the applicable determination shall be final and binding upon the parties as of the date of delivery of such waiver. Any Objection shall specify in reasonable detail the nature of any disagreement so asserted. Upon request of the Holder, the Company shall promptly provide a representative of the Holder such access to the books and records of the Company and its Subsidiaries as are reasonably necessary to confirm the Company’s calculation of the 2009 Fiscal Year Revenue and/or 2010 Fiscal Year Revenue and the Holder agrees to maintain any such information in strict confidence (except for such disclosure to advisors or otherwise as appropriate in connection with the proceedings referred to below in clause (ii)). During the 15-day period following the delivery of an Objection, the Founder and the Holder shall attempt in good faith to resolve any differences which they may have with respect to any matter specified in the Objection.
Objection Procedure. Each Class Member wishing to object to the Settlement shall file with the Claims Administrator a timely written notice of objection delivered or postmarked no later than sixty (60) days after the Notice Issuance Date, the exact calendar date to be specified in the Class Notice. The objection must state or contain the following information to be valid: (i) the name and cause number of the Consolidated Action; (ii) the Class Member’s name, address, and telephone number; (iii) the factual basis for the claim of qualifying for the status of class membership, including whether the objector is a current or former Resident of a property in the Class Area, and for what period of time during the Class Period, and including Proof of Residence or proof of ownership of Real Property within the Class Area; (iv) whether the Class Member plans to appear, either individually or through an attorney at the Fairness Hearing; (v) each specific objection or objections to the Settlement with the complete factual basis for each such objection, along with whatever legal authority, if any, the objector asserts regarding the objection, (vi) a statement advising if the Class Member has objected to other class action settlements, and if so, identifying each such settlement, the date of such objection and the basis for the objection; and (vii) their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval by the Court. No “mass” or “class” Objections shall be valid and each Class Member who wishes to object must file their own objection that satisfies the requirements of Section 3.4. The objection shall be filed with the Claims Administrator as follows: Black Dust Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rouge, Louisiana 70821 The Claims Administrator shall provide all valid and timely objections, if any, to Class Counsel and Counsel for Defendants within fifteen (15) days of the close of the Notice Period. Class Counsel will file the objections with the Court within twenty (20) days of the close of the Notice Period. Failure of the Objector to fully and completely comply with each of the above-stated requirements for the Objection or to properly and timely submit the objection may result in the Objection not being considered by the Court. The Claims Administrator shall collect and tabulate all objections and report to Class Counsel and Defendants’ Counsel at least weekly identifying each obj...
Objection Procedure. Any Objection must be made timely using the 9 procedures set forth in the Notice of Settlement, and must contain (1) the Objector’s full name and current 10 mailing address, (2) the last four digits of the Objector’s social security number, (3) the specific reason(s) 11 for the Objection, (4) all evidence and supporting papers (including, without limitation, all briefs, written 12 evidence, and declarations) for the Court to consider, and (5) identification of all counsel representing or 13 assisting the Objector, if any.
Objection Procedure. If AMEC disputes any exercise by the Company of its right to make a Set Off or a Set Off Reserve, then AMEC shall deliver a written notice to the Company ("OBJECTION NOTICE") within 5 Business Days following receipt of a Set Off Reserve Notice. The Objection Notice shall state the portion of the applicable Loss to which AMEC objects and a reasonably detailed description of the basis of such objection. AMEC and the Company shall negotiate in good faith to resolve any dispute with respect to the matters set forth in the Objection Notice for a period of 20 days following receipt of such Objection Notice by the Company.
Objection Procedure. (i) Unless the Holder gives written notice to the Company of its objection (an “Objection”) to the Company’s calculation of 2007 Net Income, 2008 Net Income or the achievement of the Profit Target within 30 days following its receipt of the applicable financial statements and accompanying chief financial officer’s certificate, the Company’s calculation shall be final and binding upon the parties for purposes of this Warrant. If the Holder waives in writing its right to deliver an Objection with respect to any such determination, the applicable determination shall be final and binding upon the parties as of the date of delivery of such waiver. Any Objection shall specify in reasonable detail the nature of any disagreement so asserted. Upon request of the Holder, the Company shall promptly provide a representative of the Holder such access to the books and records of the Company and its subsidiaries as are reasonably necessary to confirm the Company’s calculation of 2007 Net Income, 2008 Net Income or the achievement of the Profit Target, as the case may be, and the Holder agrees to maintain any such information in strict confidence (except for such disclosure to advisors or otherwise as appropriate in connection with the proceedings referred to below in clause (ii)). During the 15-day period following the delivery of an Objection, the Company and the Holder shall attempt in good faith to resolve any differences which they may have with respect to any matter specified in the Objection.
Objection Procedure. If Xxxxxxxxxxxx determines the new law or regulation will increase Xxxxxxxxxxxx’x total current Governmental Costs, Xxxxxxxxxxxx shall notify the Crow Tribe, in writing, detailing the basis of Xxxxxxxxxxxx’x belief. Xxxxxxxxxxxx and the Crow Tribe shall thereafter meet within thirty (30) days after the Crow Tribe’s receipt of Xxxxxxxxxxxx’x notice to discuss the matter. If, after that meeting, Xxxxxxxxxxxx maintains its position and the Crow Tribe does not amend or modify the Tribal Law to remove Xxxxxxxxxxxx’x objection, Xxxxxxxxxxxx may seek arbitration regarding such law or regulation and its economic impact on Xxxxxxxxxxxx. Confidential materials omitted and filed separately with the SEC. Asterisks denote omissions.
Objection Procedure. The Buyer and Seller shall each either accept the Closing Statement and the adjustment (if any) to be made to the Preliminary Purchase Price to arrive at the Final Purchase Price or notify the other of their objections to the correctness of the Closing Statement and/or such adjustment to the Preliminary Purchase Price. Each objecting party (an "Objecting Party") shall notify the other in writing within fifteen (15) days following the delivery of the Closing Statement to the Buyer. The Objecting Party's notice of objection (an "Objection") shall contain a detailed description of such party's objection to the Closing Statement and the corresponding adjustment to the Preliminary Purchase Price. If neither the Buyer nor Seller delivers such an Objection within such time, the Closing Statement and adjustment to the Preliminary Purchase Price, if any, will be deemed accepted by the Buyer and Seller. If either the Buyer and/or Seller delivers an Objection to the other, the recipient of an Objection shall respond to such Objection and describe the responding party's (a "Responding Party") position with respect thereto in writing (a "Response") within fifteen (15) days following the Responding Party's receipt of an Objection. The Buyer and Seller shall make a good faith effort to resolve any disputed items within fifteen (15) days following the receipt by the Objecting Party of the Responding Party's Response, but if they are unable to do so, the remaining disputed items shall be presented to Ernst & Young LLP, or such other firm of nationally recognized independent public accountants as shall be mutually agreed upon by the parties hereto (the "Arbitrator"), to make a final written determination with respect to the correctness of each item remaining in dispute. The Arbitrator shall not be regarded as a mere fact finder or appraiser, but shall exercise its independent discretion and judgment as an accountant and shall have the full immunities of an arbitrator. The Arbitrator will be directed to make a final written determination within thirty (30) days of the dispute being submitted to it. The Arbitrator shall have full access to all requisite accounting and other records of Seller, and its determination of all matters and disputes shall be final and binding on the parties hereto. The fees and expenses of the Arbitrator in rendering its opinion shall be paid by the losing party, or if each party to the arbitration shall prevail on certain issues, then the fees and e...
Objection Procedure. Any Objection must be in writing and made using 14 the procedures set forth in the Notice of Settlement, must be submitted within sixty (60) days of Notice 15 Mailing, and must contain (1) the Objector’s full name and current mailing address, (2) the last four digits 16 of the Objector’s social security number, (3) the specific reason(s) for the Objection, (4) all evidence and 17 supporting papers (including, without limitation, all briefs, written evidence, and declarations) for the
Objection Procedure. Any Objection must be in writing, must be submitted to the Settlement Administrator and filed with the Court, postmarked within the Objection and Exclusion Period, and must contain: (1) the Objector’s full name and current mailing address; (2) the last four digits of the Objector’s Social Security Number; (3) the specific reason(s) for the Objection; (4) all evidence and supporting papers (including, without limitation, all briefs, written evidence, and declarations) for the Court to consider; (5) identification of all counsel representing or assisting the Objector, if any; and (6) if the Objector intends to appear at the Final Fairness Hearing, a statement of their intent to do so.
