Common use of Submission to Dispute Resolution Clause in Contracts

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid Price, a Closing Sale Price, a Conversion Price or a fair market value or the arithmetic calculation of a Conversion Rate (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser at any time after such Purchaser learned of the circumstances giving rise to such dispute. If such Purchaser and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, such fair market value, or the arithmetic calculation of such Conversion Rate (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser (as the case may be) of such dispute to the Company or such Purchaser (as the case may be), then such Purchaser may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (iA) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price the Bid Price, Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Trading Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Bid Price, Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Trading Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid Price, a Closing Sale Price, a Conversion Price Price, an Installment Conversion Price, an Alternate Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate Rate, or the applicable Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser electronic mail at any time after such Purchaser the Holder or the Company, as the case may be, learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Installment Conversion Price, such Alternate Conversion Price, such VWAP or such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable Redemption Price (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser maythe Holder and the Company shall jointly agree upon (with Xxxxxxxxxxx & Co. Inc., at its sole option, deemed pre-approved by both parties) and select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (iA) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price the Bid Price, Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Bid Price, Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price the Bid Price, Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Bid Price, such Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd2nd ) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (iA) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price the Bid Price, or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Bid Price, or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid Price, a Closing Sale Price, a Conversion Price, an Installment Conversion Price, a Weighted Average Price or a fair market value or the arithmetic calculation of a Conversion Rate or the applicable Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days at any time after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Installment Conversion Price, such Weighted Average Price or such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable Redemption Price (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank with the consent of the Company, not to be unreasonably withheld, to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid Price, a Closing Sale Price, a Conversion Price Price, a Black Scholes Consideration Value, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate Rate, or the applicable Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser electronic mail at any time after such Purchaser the Company or the Holder, as applicable, learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Black Scholes Consideration Value, such VWAP or such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable Redemption Price (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price the Bid Price, Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Bid Price, such Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (ia) In the case of a dispute relating to a Closing the Exercise Price, the VWAP, the Bid Price, a Closing Sale Price, a Conversion Price Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Exercise Price, such VWAP, such Bid Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (iA) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price the Bid Price, Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Trading Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Bid Price, Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Trading Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price Black Scholes Consideration Value, Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion PriceBlack Scholes Consideration Value, Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price the Bid Price, Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Bid Price, Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion Price the Bid Price, Black Scholes Value or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile electronic mail (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Bid Price, such Black Scholes Value or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid Price, a Closing Sale Pricethe closing sale price, a Conversion Price or a fair market value or the arithmetic calculation of a Conversion Rate Rate, or the applicable Redemption Price (as the case may be) (including, without limitation, including a dispute relating to the determination of any of the foregoing), the Company Corporation or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile electronic mail (A) if by the CompanyCorporation, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser Holder at any time after such Purchaser Holder learned of the circumstances giving rise to such dispute. If such Purchaser Holder and the Company Corporation are unable to promptly resolve such dispute relating to such Bid Priceclosing bid price, such Closing Bid Price, such Closing Sale Priceclosing sale price, such Conversion Price, such such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable Redemption Price (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company Corporation or such Purchaser Holder (as the case may be) of such dispute to the Company Corporation or such Purchaser Holder (as the case may be), then such Purchaser Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid Price, a Closing Sale Price, a Conversion Price Price, an Installment Conversion Price, a Pre-Installment Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate Rate, the Restricted Principal, or the applicable Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile or electronic mail (A) if by the Company, within two five (25) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser at any time the Holder, within five (5) Business Days after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Installment Conversion Price, such Pre-Installment Conversion Price, such VWAP or such fair market value, or the arithmetic calculation of such Conversion Rate Rate, the Restricted Principal or such applicable Redemption Price (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser may, at its sole option, the Holder and the Company may jointly select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion the Bid Price or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile or electronic mail (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Price, Bid Price or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then the Holder and the Company shall mutually agree upon (or, if a party fails to timely select such Purchaser mayinvestment bank, at its sole optioneither party may elect to have Canaccord Genuity as such investment bank), select and select, an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid the Exercise Price, a the Closing Sale Price, a Conversion the Bid Price or a fair market value or the arithmetic calculation of a Conversion Rate the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser the Holder, at any time after such Purchaser the Holder learned of the circumstances giving rise to such dispute. If such Purchaser the Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Exercise Price, such Closing Sale Price, such Conversion Price, Bid Price or such fair market value, value or the such arithmetic calculation of such Conversion Rate the number of Warrant Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser the Holder (as the case may be) of such dispute to the Company or such Purchaser the Holder (as the case may be), then such Purchaser the Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) i. In the case of a dispute relating to a Closing Bid Price, a Closing Sale Price, a Conversion Price or a fair market value or the arithmetic calculation of a Conversion Rate (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Investor (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser Investor at any time after such Purchaser Investor learned of the circumstances giving rise to such dispute. If such Purchaser Investor and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, such fair market value, or the arithmetic calculation of such Conversion Rate (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser Investor (as the case may be) of such dispute to the Company or such Purchaser Investor (as the case may be), then such Purchaser Investor may, at its sole option, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid Price, a Closing Sale Price, a Conversion Price Price, an Installment Conversion Price, an Alternate Conversion Price, Acceleration Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate Rate, or the applicable Redemption Price (as the case may be) (as all such terms are defined in the Schedule of Terms) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company or the applicable Purchaser Holder (as the case may be) shall submit the dispute to the other party via facsimile electronic mail (A) if by the Company, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Purchaser Holder at any time after such Purchaser Hxxxxx learned of the circumstances giving rise to such dispute. If such Purchaser Holder and the Company are unable to promptly resolve such dispute relating to such Bid Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Installment Conversion Price, such Alternate Conversion Price, such VWAP or such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable Redemption Price (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company or such Purchaser Holder (as the case may be) of such dispute to the Company or such Purchaser Holder (as the case may be), then such Purchaser Holder may, at its sole option, select an independent, reputable investment bank to resolve such dispute.