NO FAIRNESS OPINION. The Company has not received an opinion of any financial advisors to the Company to the effect that the consideration to be received by the Company's Share Holders in the Merger is fair to the Share Holders of the Company.
NO FAIRNESS OPINION. Otic Pharma has not received, and, as of the date hereof, does not intend to obtain, an opinion from any financial advisor, investment banker or other firm or person performing a similar function, with respect to the fairness of the Transaction, including the fairness of the consideration to be received by holders of Otic Pharma Share Capital in connection with the Transaction.
NO FAIRNESS OPINION. Private Company has not received, and, as of the date hereof, does not intend to obtain, an opinion from any financial advisor, investment banker or other firm or person performing a similar function, with respect to the fairness of the Transaction, including the fairness of the consideration to be received by holders of Private Company Common Stock in connection with the Transaction.
NO FAIRNESS OPINION. By WBC in the event the fairness opinion described in Section 7.3(G) is not confirmed at the time referenced in such Section.
NO FAIRNESS OPINION. By Northwest in the event the fairness opinion described in Section 7.3(G) is withdrawn; provided, however, if this Agreement is terminated in reliance upon this Section 8.1(C) and Northwest enters into any Acquisition Agreement providing for any transaction described in clause (1) or clause (2) of Section 9.5(D) within six (6) months of the termination of this Agreement pursuant to this Section 8.1(C), Section 8.2(B) shall be deemed to apply.
NO FAIRNESS OPINION. By Salem in the event the fairness opinion described in Section 7.3(G) is withdrawn; provided, however, if this Agreement is terminated in reliance upon this Section 8.1(J) and Salem enters into any Acquisition Agreement providing for any transaction described in clause (1) or clause (2) of Section 9.3(D) within twenty four (24) months of the termination of this Agreement pursuant to this Section 8.1(J), Salem shall pay Frontier $1,000,000.
NO FAIRNESS OPINION. By Company in the event the fairness opinion described in Section 5.03(y) is withdrawn prior to the Company’s special shareholders’ meeting to consider the transactions contemplated hereby.
NO FAIRNESS OPINION. By WWB in the event the fairness opinion described in Section 6.3(F) is not received or is withdrawn; provided, however, if this Agreement is terminated in reliance upon this Section 7.1(C) and WWB enters into any Acquisition Agreement providing for any transaction described in clause (1) or clause (2) of Section 5.18(D) on or before June 30, 2007 following the termination of this Agreement pursuant to this Section 7.1(C), WWB shall pay to Heritage $500,000 (less any Termination Fee Amount previously paid).
NO FAIRNESS OPINION. Given the cost that FIND has determined would likely be involved, it has determined that the obtaining from a qualified third party firm of a fairness opinion relating to the Merger is not economically justified under the circumstances and will not be pursued.
NO FAIRNESS OPINION. Given the cost that TRC and ESCT have jointly determined would likely be involved, it has determined that the obtaining from a qualified third party firm of a fairness opinion relating to the Merger is not economically justified under the circumstances and will not be pursued.
