Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Sections 3(a) or 3(c)(i), the Fair Market Value per Share shall be a price set by the Board of Directors of the Company (the “Board”) in good faith using a reasonable valuation method in a reasonable manner in accordance with Section 409A of the Code. The Company shall notify Purchaser or his or her executor of the price so determined within thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. The determination of the Fair Market Value per Share by the Board shall be final and binding on all parties.
Appears in 4 contracts
Samples: Agreement (Sunshine Silver Mining & Refining Corp), Agreement (Sunshine Silver Mining & Refining Corp), Executive Nonqualified Stock Option Agreement (SUNSHINE SILVER MINES Corp)
