Common use of Responsibility; Schedule of Calculations Clause in Contracts

Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of Designations, the Company will be responsible for making all calculations called for under this Certificate of Designations or the Convertible Preferred Stock, including determinations of the Conversion Rate, the Last Reported Sale Prices and accumulated Regular Dividends on the Convertible Preferred Stock. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of such calculations to any Holder upon written request.

Appears in 4 contracts

Samples: Investment Agreement (Rhythm Pharmaceuticals, Inc.), Joinder Agreement (M3-Brigade Acquisition II Corp.), Business Combination Agreement (Isos Acquisition Corp.)

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Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of Designations, the Company will be responsible for making all calculations called for under this Certificate of Designations or the Convertible Preferred Stock, including determinations of the Conversion RatePrice, the Last Reported Sale Prices and accumulated Regular Dividends Dividends, whether or not declared, on the Convertible Preferred Stock. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of such calculations to any Holder upon written request.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Azz Inc), Securities Purchase Agreement (FireEye, Inc.), Securities Purchase Agreement (FireEye, Inc.)

Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of DesignationsDesignation, the Company Corporation will be responsible for making all calculations called for under this Certificate of Designations or the Convertible Preferred StockDesignation, including determinations of the Conversion RatePrice, the Daily VWAPs, the Last Reported Sale Prices and accumulated Regular Dividends on the Convertible Preferred Stock. The Company Corporation will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all HoldersHolders to the fullest extent permitted by appliable law. The Company Corporation will provide a schedule of such calculations to any Holder upon written requestdemand.

Appears in 2 contracts

Samples: Securities Purchase Agreement (APi Group Corp), Securities Purchase Agreement (APi Group Corp)

Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of Designations, the Company will be responsible for making all calculations called for under this Certificate of Designations or the Convertible Series 1 Preferred Stock, including determinations of the Conversion Rate, the Last Reported Sale Prices and accumulated Regular Dividends on the Convertible Preferred Stock. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of such calculations to any Holder upon written request.

Appears in 1 contract

Samples: Note Purchase Agreement (NantHealth, Inc.)

Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of Designations, the Company will be responsible for making all calculations called for under this Certificate of Designations or the Convertible Preferred Stock, including determinations of the Conversion RatePrice, the Last Reported Sale Prices Stated Value and accumulated Regular Dividends on the Convertible Preferred Stock. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of such calculations to any Holder upon written request.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Benefitfocus, Inc.)

Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of Designations, the Company will be responsible for making all calculations called for under this Certificate of Designations or the Convertible Preferred Stock, including determinations of the Conversion RatePrice, the Last Reported Sale Prices Prices, and accumulated Regular Dividends on the Convertible Preferred Stock. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of such calculations to any Holder upon written request.

Appears in 1 contract

Samples: Subscription Agreement (Dream Finders Homes, Inc.)

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Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of Designations, the Company will be responsible for making all calculations called for under this Certificate of Designations or the Convertible Preferred Stock, including determinations of the Conversion RatePrice, the Daily VWAPs, the Last Reported Sale Prices and accumulated Regular Dividends on the Convertible Preferred Stock. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of such calculations to any Holder upon written request.

Appears in 1 contract

Samples: Exchange Agreement (Comtech Telecommunications Corp /De/)

Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of DesignationsDesignation, the Company will be responsible for making all calculations called for under this Certificate of Designations Designation or the Convertible Preferred Stock, including determinations of the Conversion RatePrice, the Daily VWAPs, the Last Reported Sale Prices and accumulated Regular Dividends on the Convertible Preferred Stock. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of such calculations to any Holder upon written request.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cryoport, Inc.)

Responsibility; Schedule of Calculations. Except as otherwise provided in this Certificate of Designations, the Company will be responsible for making all calculations called for under this Certificate of Designations or the Convertible Exchangeable Preferred Stock, including determinations of the Conversion RateExchange Price, the Last Reported Sale Prices and accumulated Regular Dividends on the Convertible Exchangeable Preferred Stock. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of such calculations to any Holder upon written request.

Appears in 1 contract

Samples: Registration Rights Agreement (Shenandoah Telecommunications Co/Va/)

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