Common use of Stipulated Value Clause in Contracts

Stipulated Value. The Sirion Shareholders’ Representative and the Sytera Stockholders’ Representative expressly acknowledge and agree that, for purposes of this Agreement, in the case of any Sirion Indemnification Escrow Shares and/or Derivative Property to be released to a Claimant pursuant to this Agreement, the value (the “Stipulated Value”) of: (i) each Sirion Indemnification Escrow Share and each share of Surviving Corporation Common Stock issued as Derivative Property (whether by way of stock dividend, stock split or otherwise) shall be deemed to be equal to $100 (As-Adjusted); and (ii) any other Derivative Property issued in respect of (whether by way of stock dividend or otherwise) or in exchange for (including pursuant to or as a part of a merger, consolidation, acquisition of property or stock, reorganization or liquidation involving the Surviving Corporation) any Sirion Indemnification Escrow Shares shall be deemed to be equal to (a) $100 (As-Adjusted), multiplied by (b) aggregate number of Sirion Indemnification Escrow Shares underlying or exchanged for such Derivative Property.

Stipulated Value. The Sirion Shareholders’ Representative and the Sytera Stockholders’ Representative expressly acknowledge and agree that, for purposes of this Agreement, in the case of any Sirion Sytera Indemnification Escrow Shares and/or Derivative Property to be released to a Claimant pursuant to this Agreement, the value (the “Stipulated Value”) of: (i) each Sirion Sytera Indemnification Escrow Share and each share of Surviving Corporation Common Stock issued as Derivative Property (whether by way of stock dividend, stock split or otherwise) shall be deemed to be equal to $100 (As-Adjusted); and (ii) any other Derivative Property issued in respect of (whether by way of stock dividend or otherwise) or in exchange for (including pursuant to or as a part of a merger, consolidation, acquisition of property or stock, reorganization or liquidation involving the Surviving Corporation) any Sirion Sytera Indemnification Escrow Shares shall be deemed to be equal to (a) $100 (As-Adjusted), multiplied by (b) aggregate number of Sirion Sytera Indemnification Escrow Shares underlying or exchanged for such Derivative Property.