Common use of Resolution of Conflicts; Arbitration Clause in Contracts

Resolution of Conflicts; Arbitration. (a) In case the Stockholders' Agent shall so object in writing to any claim or claims by Acquiror made in any Officer's Certificate, the Stockholders' Agent and Acquiror shall attempt in good faith for sixty (60) days to agree upon the rights of the respective parties with respect to each of such claims. If the Stockholders' Agent and Acquiror should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute the Acquiror Common Stock or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Cacheflow Inc), Agreement and Plan of Reorganization (Vignette Corp), Agreement and Plan of Reorganization (I2 Technologies Inc)

AutoNDA by SimpleDocs

Resolution of Conflicts; Arbitration. (a) In case the StockholdersShareholders' Agent shall so object in writing in accordance with Section 8.7 to any claim or claims by Acquiror made in any Officer's Certificate, the StockholdersShareholders' Agent and Acquiror shall attempt in good faith for sixty (60) days to agree upon the rights of the respective parties with respect to each of such claims. If the StockholdersShareholders' Agent and Acquiror should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute the Acquiror Common Stock or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Vignette Corp)

Resolution of Conflicts; Arbitration. (a) In case the Stockholders' Agent shall so object in writing to any claim or claims by Acquiror made in any Officer's Certificate, the Stockholders' Agent and Acquiror shall attempt in good faith for sixty (60) 30 days to agree upon the rights of the respective parties with respect to each of such claims. If the Stockholders' Agent and Acquiror should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute the Acquiror Common Stock Stock, cash or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hoovers Inc)

Resolution of Conflicts; Arbitration. (a) In case the StockholdersShareholders' Agent shall so object in writing to any claim or claims by Acquiror made in any Officer's Certificate, the StockholdersShareholders' Agent and Acquiror shall attempt in good faith for sixty (60) days to agree upon the rights of the respective parties with respect to each of such claims. If the StockholdersShareholders' Agent and Acquiror should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute the Acquiror Common Stock or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hei Inc)

AutoNDA by SimpleDocs

Resolution of Conflicts; Arbitration. (a) In case the Stockholders' Agent Stockholder Representative shall so object in writing to any claim or claims by Acquiror made in any Officer's ’s Certificate, the Stockholders' Agent Stockholder Representative and Acquiror shall attempt in good faith for sixty (60) 30 days to agree upon the rights of the respective parties with respect to each of such claimsclaims in dispute. If the Stockholders' Agent Stockholder Representative and Acquiror should so agreeagree on a resolution, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute the Acquiror Common Stock or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Silicon Laboratories Inc)

Resolution of Conflicts; Arbitration. (a) In case the Stockholders' Agent shall so object in writing to any claim or claims by Acquiror made in any Officer's Certificate, the Stockholders' Agent and Acquiror shall attempt in good faith for sixty (60) days from the date of receipt of the Objection Notice to agree upon the rights of the respective parties with respect to each of such claims. If the Stockholders' Agent and Acquiror should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute the Acquiror Common Stock or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Quintus Corp)

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