Common use of Selection of Independent Investment Bank Clause in Contracts

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities is to be received in respect of the Common Stock as described in Section 6.2 of the Contract or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the Contract, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the Contract, and to deliver to the Seller notice pursuant to Section 8.1 of the Contract identifying the firm proposed to be selected and retained, and to consult with the Seller on such selection and retention as provided in such Section 8.1;

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities is to be received in respect of the Common Stock as described in Section 6.2 of the Contract Contracts or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the ContractContracts, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the ContractContracts, and to deliver to the Seller Sellers notice pursuant to Section 8.1 of the Contract Contracts identifying the firm proposed to be selected and retained, and to consult with the Seller Sellers on such selection and retention as provided in such Section 8.1;

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities is to be received in respect of the Common Stock as described in Section 6.2 of the Contract Contracts or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the ContractContracts, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the ContractContracts, and to deliver to the Seller Sellers notice pursuant to Section 8.1 -10- 15 of the Contract Contracts identifying the firm proposed to be selected and retained, and to consult with the Seller Sellers on such selection and retention as provided in such Section 8.1;

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities Common Stock is to be received in respect of the Common Stock as described in Section 6.2 of the each Contract or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the each Contract, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the each Contract, and to deliver to the each Seller notice pursuant to Section 8.1 of the each Contract identifying the firm proposed to be selected and retained, and to consult with the each Seller on such selection and retention as provided in such Section 8.1;on

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities is to be received in respect of the Common Stock as described in Section 6.2 of the Contract Contracts or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the ContractContracts, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the ContractContracts, and to deliver to the Seller Sellers notice pursuant to Section 8.1 of the Contract Contracts identifying the firm proposed to be selected and retained, and to consult with obtain the Seller on consent of the Sellers to such selection and retention as provided in such Section 8.1;