Common use of Independent Appraisal Clause in Contracts

Independent Appraisal. Within three (3) months after the date of this Agreement, the Company shall present to the Board of Directors and any Investor the results of an independent appraisal, that meets certain requirements of the Internal Revenue Code, of the value of the Common Stock. The Company will obtain an updated appraisal from time to time as may be reasonably required to facilitate compliance with Section 409A of the Internal Revenue Code and the safe harbor provisions thereunder.

Appears in 9 contracts

Samples: Investors’ Rights Agreement (Opti-Harvest, Inc.), Investors’ Rights Agreement (Opti-Harvest, Inc.), Note and Warrant Purchase Agreement (Opti-Harvest, Inc.)

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Independent Appraisal. Within three (3) months after As of the date of this AgreementAgreement (unless such period is extended by the Company’s Board of Directors), the Company shall present to the Board of Directors and any Investor with the results of an independent independent, third-party appraisal, that meets certain requirements of the Internal Revenue Code, including Section 409A of the Internal Revenue Code, of the value of the Common Stock. The Company will obtain an updated appraisal from time to time as may be reasonably required to facilitate compliance with Section 409A (unless the Company’s Board of the Internal Revenue Code and the safe harbor provisions thereunderDirectors directs otherwise).

Appears in 2 contracts

Samples: Rights Agreement (Pubmatic, Inc.), Rights Agreement (Pubmatic, Inc.)

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Independent Appraisal. Within three (3) months after of the date of this Agreement, the Company shall present to the Board of Directors and any Investor the results of an independent appraisal, that meets certain requirements of the Internal Revenue Code, appraisal of the value of the Company’s Common Stock. The Company will obtain an updated appraisal from time to time as may be reasonably required to facilitate compliance with Stock that meets the requirements of Section 409A 401(a)(28)(C) of the Internal Revenue Code and the safe harbor provisions regulations thereunder.

Appears in 1 contract

Samples: Rights Agreement (Emphasys Medical, Inc.)

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