Common use of Calculation of Consideration Clause in Contracts

Calculation of Consideration. In the case of an issue of additional shares of Common Stock for cash, the consideration received by the Company shall be deemed to be the net cash proceeds received for such shares. In the case of an issue of additional shares of Common Stock for noncash consideration, the Company's Board of Directors shall determine the value of such consideration and such determination, unless shown by the Holder to have been made other than in good faith, shall be conclusive.

Appears in 3 contracts

Samples: Saf T Hammer Corp/Nv, Smith & Wesson Holding Corp, Saf T Hammer Corp/Nv

AutoNDA by SimpleDocs

Calculation of Consideration. In the case of an issue of additional shares of Common Warrant Stock for cash, the consideration received by the Company shall will be deemed to be the net cash proceeds received for such the shares. In the case of an issue of additional shares of Common Warrant Stock for noncash consideration, the Company's ’s Board of Directors shall will determine the value of such the consideration and such the determination, unless shown by the Holder to have been made other than in good faith, shall will be conclusive.

Appears in 2 contracts

Samples: Second Amendment (Neutron Energy, Inc.), Facility Agreement (Neutron Energy, Inc.)

Calculation of Consideration. In the case of an issue of ------------------------------ additional shares of Common Warrant Stock for cash, the consideration received by the Company shall will be deemed to be the net cash proceeds received for such the shares. In the case of an issue of additional shares of Common Warrant Stock for noncash consideration, the Company's Board of Directors shall will determine the value of such the consideration and such the determination, unless shown by the Holder to have been made other than in good faith, shall will be conclusive.

Appears in 1 contract

Samples: Facility Agreement (Western Goldfields Inc)

AutoNDA by SimpleDocs

Calculation of Consideration. In the case of an issue of additional shares of Common Stock for cash, the consideration received by the Company therefor shall be deemed to be the net cash proceeds received for such shares. In the case of an issue of additional shares of Common Stock for noncash consideration, the Company's Board of Directors shall determine the value of such consideration and such determination, unless shown deducting therefrom any commissions or expenses paid or incurred by the Holder to have been made other than in good faithCompany for any underwriting of, shall be conclusive.or otherwise in

Appears in 1 contract

Samples: Stock Purchase Warrant (Enterprise Software Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.