Common use of Submission to Dispute Resolution Clause in Contracts

Submission to Dispute Resolution. (i) In the case of a dispute relating to the Exercise Price, the Closing Sale Price, Black Scholes Consideration Value, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Units (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership or the Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Partnership, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership are unable to promptly resolve such dispute relating to such Exercise Price, such Closing Sale Price, such Black Scholes Consideration Value, Black Scholes Value or such fair market value or such arithmetic calculation of the number of Warrant Units (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Partnership or the Holder (as the case may be) of such dispute to the Partnership or the Holder (as the case may be), then 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 the Exercise Price, the Closing Sale Price, Black Scholes Consideration Value, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Units Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile or email (A) if by the PartnershipCompany, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time (x) if with respect to a Change of Control, within ninety (90) days after the public disclosure of the consummation of such Change of Control, or (y) otherwise, within ten (10) Trading Days after the Holder learned learns of the circumstances giving rise to such disputedispute (or, if the Holder thereafter learns new information with respect to such circumstances, within ten (10) Trading Days after the Holder learns of such new information). If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Price, such Closing Sale Price, such Black Scholes Consideration Value, Black Scholes Value or such fair market value or such arithmetic calculation of the number of Warrant Units Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then the Holder mayand the Company shall mutually agree upon, at its sole optionand select, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (ia) In the case of a dispute relating to the Exercise Price, the a Closing Sale Price, Black Scholes Consideration Valuea Conversion Rate, Black Scholes Value or a fair market value or a Redemption Premium Amount or the arithmetic calculation of a Conversion Price or the number of Warrant Units applicable Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile or electronic mail (Ai) if by the PartnershipCompany, within two five (25) Business Days after the occurrence of the circumstances giving rise to such dispute or (Bii) if by the Holder, at any time within five (5) Business Days after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Price, such Closing Sale Price, such Black Scholes Consideration ValueConversion Rate, Black Scholes Value or such fair market value or such Redemption Premium Amount, or the arithmetic calculation of the number of Warrant Units such Conversion Price 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 Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then the Holder may, at its sole optionwith the consent of the Company (such consent not to be unreasonably or untimely withheld), select an independent, reputable reputable, nationally known investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to the Exercise Price, the Closing Sale Price, Black Scholes Consideration Valuethe Bid Price, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Units Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the PartnershipCompany, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Price, such Closing Sale Price, such Black Scholes Consideration ValueBid Price, Black Scholes Value or such fair market value or such arithmetic calculation of the number of Warrant Units Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then the Holder may, at its sole optionwith the consent of the Company (not to be unreasonably or untimely withheld, conditioned or delayed), select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to the Exercise a Closing Bid Price, the a Closing Sale Price, Black Scholes Consideration Valuea Conversion Price, Black Scholes Value a Floor Price, an Alternate Optional Conversion Price, an Alternate Triggering Event Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate, or the number of Warrant Units applicable Redemption Price (as the case may be) (including, without limitation, including a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile electronic mail or otherwise (A) if by the PartnershipCompany, within two five (25) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time Holder within five (5) Business Days after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Closing Bid Price, such Closing Sale Price, such Black Scholes Consideration ValueConversion Price, Black Scholes Value such Floor Price, such Alternate Optional Conversion Price, such Alternate Triggering Event Conversion Price, such VWAP or such fair market value value, or such the arithmetic calculation of the number of Warrant Units 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 Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then the Holder may, at its sole option, Company shall select an independent, reputable investment bank acceptable to the Holder, acting reasonably, to resolve such disputedispute and the Company shall promptly send written confirmation of such joint selection to the Holder.

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

Submission to Dispute Resolution. (iA) In the case of a dispute relating to the Exercise Price, the Closing Sale Price, the Bid Price, Black Scholes Consideration Value, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Units Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the PartnershipCompany, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Price, such Closing Sale Price, such Bid Price, such Black Scholes Consideration Value, Black Scholes Value or such fair market value or such arithmetic calculation of the number of Warrant Units Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then 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 the Exercise a Closing Bid Price, the a Closing Sale Price, a Conversion Price, a Black Scholes Consideration Value, Black Scholes Value a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate, or the number of Warrant Units applicable Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile (A) if by the Partnership, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time after the Holder learned of the circumstances giving rise to such disputenotice as specified hereunder. If the Holder and the Partnership Company are unable to promptly (but in any event, by the tenth (10th) day following the commencement of such dispute) resolve such dispute relating to such Exercise Closing Bid Price, such Closing Sale Price, such Conversion Price, such Black Scholes Consideration Value, Black Scholes Value such VWAP or such fair market value value, or such the arithmetic calculation of the number of Warrant Units such Conversion Rate or such applicable Redemption Price (as the case may be), at any time after the second fifth (2nd5th) Business Day following such initial notice by the Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then the Company and the Holder may, at its sole option, select shall mutually agree upon an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to the Exercise a Closing Bid Price, the a Closing Sale Price, a Conversion Price, an Installment Conversion Price, an Acceleration Conversion Price, an Alternate Conversion Price, a Black Scholes Consideration Value, Black Scholes Value a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate or the number of Warrant Units applicable Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile electronic mail (A) if by the PartnershipCompany, within two (2) Business Days after learning of the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, Holder at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Closing Bid Price, such Closing Sale Price, such Conversion Price, such Installment Conversion Price, such Acceleration Conversion Price, such Alternate Conversion Price, such Black Scholes Consideration Value, Black Scholes Value such VWAP or such fair market value value, or such the arithmetic calculation of the number of Warrant Units such Conversion Rate or such applicable Redemption Price (as the case may be), at any time after the second fifth (2nd5th) Business Day following such initial notice by the Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then 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 the Exercise Price, the Forced Exercise Minimum Price, the Closing Sale Price, Black Scholes Consideration Valuethe Bid Price, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Units Shares (as the case may be) (including, without limitation, including a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile or electronic mail or otherwise (A) if by the PartnershipCompany, within two five (25) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time Holder within five (5) Business Days after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Price, such Forced Exercise Minimum Price, such Closing Sale Price, such Black Scholes Consideration ValueBid Price, such Black Scholes Value or such fair market value or such arithmetic calculation of the number of Warrant Units Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then the Holder may, at its sole option, Company shall select an independent, reputable investment bank acceptable to the Holder, acting reasonably, to resolve such disputedispute and the Company shall promptly send written confirmation of such joint selection to the Holder.

Submission to Dispute Resolution. (i) In the case of a dispute relating to the Exercise Price, the Closing Sale Price, the Bid Price, Black Scholes Consideration Value, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Units Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile electronic mail (A) if by the PartnershipCompany, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Price, such Closing Sale Price, such Bid Price, such Black Scholes Consideration Value, such Black Scholes Value or such fair market value or such arithmetic calculation of the number of Warrant Units Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then 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 the Exercise Price, the Closing Sale Price, a Black Scholes Consideration Value, Black Scholes Value Closing Bid Price, a Closing Sale Price, a Conversion Price, an Installment Conversion Price, an Acceleration Conversion Price, an Alternate Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate or the number of Warrant Units applicable Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile electronic mail (A) if by the PartnershipCompany, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, Holder at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Black Scholes Consideration Value, Closing Bid Price, such Closing Sale Price, such Black Scholes Consideration ValueConversion Price, Black Scholes Value such Installment Conversion Price, such Acceleration Conversion Price, such Alternate Conversion Price, such VWAP or such fair market value value, or such the arithmetic calculation of the number of Warrant Units 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 Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then 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 the Exercise Price, the Closing Sale Price, Black Scholes Consideration Value, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Units Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile pursuant to the notice provisions in Section 8 hereof (A) if by the PartnershipCompany, within two five (25) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time (x) if with respect to a Change of Control, within thirty (30) days after the earlier of public disclosure of the purchase price per share of Common Stock in such Change of Control or public disclosure of the consummation of such Change of Control, or (y) otherwise, within ten (10) Trading Days after the Holder learned learns of the circumstances giving rise to such disputedispute (or, if the Hxxxxx thereafter learns new information with respect to such circumstances, within ten (10) Trading Days after the Holder learns of such new information). If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Price, such Closing Sale Price, such Black Scholes Consideration Value, Black Scholes Value or such fair market value or such arithmetic calculation of the number of Warrant Units Shares (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then the Holder mayand the Company shall mutually agree upon, at its sole optionand select, select an independent, reputable investment bank to resolve such dispute.

Submission to Dispute Resolution. (i) In the case of a dispute relating to the Exercise a Closing Bid Price, the a Closing Sale Price, Black Scholes Consideration Valuea Conversion Price, Black Scholes Value an Installment Conversion Price, a Pre-Installment Conversion Price, an Alternate Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate, the number of Warrant Units 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 Partnership Company or the Holder (as the case may be) shall submit the dispute to the other party via facsimile or electronic mail (A) if by the PartnershipCompany, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, Holder at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Partnership Company are unable to promptly resolve such dispute relating to such Exercise Closing Bid Price, such Closing Sale Price, such Black Scholes Consideration ValueConversion Price, Black Scholes Value such Installment Conversion Price, such Pre-Installment Conversion Price, such Alternate Conversion Price, such VWAP or such fair market value value, or such the arithmetic calculation of such Conversion Rate, the number of Warrant Units 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 Partnership Company or the Holder (as the case may be) of such dispute to the Partnership Company or the Holder (as the case may be), then the Holder may, at its sole option, Company shall select an independent, reputable investment bank bank, approved by the Holder (such approval not to be unreasonably withheld or delayed) to resolve such dispute.