Appraiser. If the Company and the Participation Rights Holder are unable to reach agreement within a reasonable period of time with respect to (i) the Market Price of Unlisted Securities, or (ii) the per share amounts paid for Dilutive Securities or Exchangeable Securities issued for consideration other than cash, such Market Price or per share amounts paid, as the case may be, shall be determined by an appraiser jointly selected by the Company and the Participation Rights Holder. The determination of such appraiser shall be final and binding on the Company and the Participation Rights Holder. The fees and expenses of such appraiser shall be paid for by the Company.
Appears in 3 contracts
Sources: Investor Rights Agreement (Xircom Inc), Investor Rights Agreement (Intel Corp), Investor Rights Agreement (Intel Corp)
Appraiser. If the Company and the Participation Rights Holder are unable to reach agreement within a reasonable period of time with respect to (i1) the Market Price of Unlisted Securities, Securities or (ii2) the per share amounts paid for Dilutive Securities or Exchangeable Securities issued for consideration other than cash, such Market Price or per share amounts paid, as the case may be, shall be determined by an appraiser jointly selected by the Company and the Participation Rights Holder. The determination of such appraiser shall be final and binding on the Company and the Participation Rights Holder. The fees and expenses of such appraiser shall be paid for by the Company.
Appears in 3 contracts
Sources: Stock Purchase and Investor Rights Agreement (Xiox Corp), Stock Purchase and Investor Rights Agreement (Intel Corp), Series B Preferred Stock and Warrant Purchase Agreement (Evans & Sutherland Computer Corp)
Appraiser. If the Company and the Participation Rights Holder are unable to reach agreement within a reasonable period of time with respect to (iA) the Market Price of Unlisted Securities, Securities or (iiB) the per share amounts paid for Dilutive Securities or Exchangeable Securities issued for consideration other than cash, such Market Price or per share amounts paid, as the case may be, shall be determined by an appraiser jointly selected by the Company and the Participation Rights Holder. The determination of such appraiser shall be final and binding on the Company and the Participation Rights Holder. The fees and expenses of such appraiser shall be paid for by the Company.
Appears in 1 contract
Sources: Stock and Warrant Purchase Agreement (Gateway Co Inc)