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 Class A Common Stock as described in Section 6.2 of the Contract, (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, or (iii) the declaration or payment of a dividend or distribution to all holders of Class A Common Stock of evidences of its indebtedness or other non-cash assets or the issuance of Class A Common Stock rights or warrants as described in Section 6.1(c) of the Contract, to retain the nationally recognized investment banking firm selected by the Administrator to determine the market value of such property as provided in the Contract, and to deliver to Seller notice pursuant to Section 8.1 of the Contract identifying the firm proposed to be selected and retained, and to cause the Administrator to consult with Seller on such selection and retention as provided in such Section 8.1;

Appears in 2 contracts

Samples: Trust Agreement (Eleventh Automatic Common Exchange Security Trust), Trust Agreement (Tenth Automatic Common Exchange Security Trust)

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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 Class A Common Stock as described in Section 6.2 of the Contract, (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, or (iii) the declaration or payment of a dividend or distribution to all holders of Class A Common Stock of evidences of its indebtedness or other non-cash assets or the issuance of Class A Common Stock rights or warrants as described in Section 6.1(c) of the Contract, to retain the nationally recognized investment banking firm selected by the Administrator 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 cause the Administrator to consult with the Seller on such selection and retention as provided in such Section 8.1;

Appears in 1 contract

Samples: Trust Agreement (Estee Lauder Automatic Common Exchange Security Trust Ii)

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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 Class A Common Stock as described in Section 6.2 of the Contract, (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, or (iii) the declaration or payment of a dividend or distribution to all holders of Class A Common Stock of evidences of its indebtedness or other non-cash assets or the issuance of Class A Common Stock rights or warrants as described in Section 6.1(c) of the Contract, to retain the nationally recognized investment banking firm selected by the Administrator to determine the market value of such property as provided in the Contract, and to deliver to Seller Seller[S] notice pursuant to Section 8.1 of the Contract identifying the firm proposed to be selected and retained, and to cause the Administrator to consult with Seller Seller[S] on such selection and retention as provided in such Section 8.1;

Appears in 1 contract

Samples: Trust Agreement (Ameritrade Automatic Common Exchange Security Tr)

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