Business Days thereafter. Members shall notify the Chairman and the other members of their approval of the minutes by putting their signatures on one copy of the minutes and returning the same to the Chairman. Members may suggest any modification to the minutes while returning the signed copy. Members may also communicate with the Chairman through telex, cable, or facsimile or any other effective mode of communication agreed by all the members of the Management Committee. If the Chairman or any other member does not agree with the modification to the minutes suggested by any member, the matter shall be brought to the attention of the other members and resubmitted to the Management Committee at the next meeting and the minutes shall stand approved as to all other matters. If a member fails to respond within the aforesaid three (3) Business Day period, unless agreed otherwise by the Management Committee as herein provided, the minutes shall be deemed to be approved by such member.
Business Days thereafter. If the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a LIBOR Rate Loan prior to the end of the Interest Period with respect thereto, such LIBOR Rate Loan shall automatically be converted into a Prime Rate Loan on the last day
Business Days thereafter. The Per Share Amount shall, subject to all applicable withholding of taxes, be paid net to the seller in cash, without interest thereon, upon the terms and subject to the conditions of the Offer and this Agreement. If this Agreement is terminated by either Purchaser or Acquisition Sub or by the Company, Acquisition Sub shall, and Purchaser shall cause Acquisition Sub to, terminate promptly the Offer. The Company agrees that no Shares held by the Company or any of its Subsidiaries will be tendered in the Offer.
Business Days thereafter. If Tenant fails to timely appoint Tenant's Appraiser, Tenant shall be deemed to have accepted Landlord's Appraiser as the sole and final appraiser for the purpose of determining Fair Market Rental or Fair Market Value, as the case may be, and the Conforming Appraisal of Landlord's Appraiser shall control. If the results of such Conforming Appraisals differ by less than five percent (5%) of the lower of such results, then Fair Market Value or Fair Market Rental, as the case may be, shall be deemed to be the arithmetic average of such results. If the results of such Conforming Appraisals differ by five percent (5%) or more of the lower of such results, then Landlord's Appraiser and Tenant's Appraiser shall, within five (5) Business Days of the completion of such Conforming Appraisals, select a third appraiser meeting the requirements of Section 34.3 below (the "Third Appraiser"), which Third Appraiser shall perform a Conforming Appraisal within fifteen (15) Business Days thereafter. Upon completion of such third Conforming Approval, the Fair Market Rental or Fair Market Value shall be determined as follows: the result of such Conforming Appraisals that differs the most (either higher or lower) from the middle result shall be discarded and Fair Market Value or Fair Market Rental, as the case may be, shall be deemed to be the arithmetic average of the results contained in the two (2) remaining Conforming Appraisals.
Business Days thereafter. If the Average Closing Bid Price of the Company's Common Stock, for a period of twenty (20) Business Days after the commencement of the Second Repricing Period (the "Second Repricing Price") is not equal to or greater than the Initial Closing Price, the Company shall issue Repricing Shares in such number as shall be determined according to the following formula:
Business Days thereafter. If Buyer or Sellers continue to object, the matter shall be submitted for resolution to a tax accountant at a nationally recognized certified public accounting firm selected by the non-Objecting Party and acceptable to Objecting Party, which consent shall not be unreasonably withheld (the "INDEPENDENT EVALUATOR") within an additional fourteen (14) Business Days and whose review shall certify that the process followed by Buyer or Sellers, as applicable, as adjusted by Party Tax Accountants is consistent with applicable law and that the amount determined is within five percent (5%) of the amount that Independent Evaluator would have determined based on the materials presented (the "EVALUATION CERTIFICATE"), which determination shall be final, conclusive, non-appealable and binding for all purposes hereunder. The Objecting Party shall pay the fees and disbursements of the Independent Evaluator unless it cannot issue the Evaluation Certificate, in which case the Independent Evaluator will be asked to compute the proper amounts within an additional fourteen (14) Business Days and the parties shall be bound by that determination and the non-Objecting Party shall pay the fees and disbursements of the Independent Evaluator.
Business Days thereafter. Holdings or the Borrower shall (i) execute, deliver, obtain and record such instruments as the Collateral Agent may require, including, without limitation, amendments to the Security Documents or this Agreement and, (ii) deliver to the Collateral Agent such evidence of the satisfaction of the Release Conditions and the Partial Release Conditions as the Designated Lender may require and (iii) cause the Title Company to issue the endorsement referred to in subsection (C)(iv) of this Section 6.10. Holdings or the Borrower shall reimburse the Collateral Agent upon demand for all reasonable costs or expenses incurred in connection with any actions taken pursuant to this Section 6.10.
Business Days thereafter. If MCRAC shall fail to deliver a timely notice within said two (2) Business Day period, then this Agreement shall automatically terminate with respect to any Non-Portfolio Property Interest (including any Optional Non-Portfolio Property Interest) for which a Closing shall not have occurred. MCRAC shall, if requested by the applicable Sellers, promptly furnish such Sellers with written evidence acknowledging such automatic termination.