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, a Dividend Conversion Price, an Alternate Conversion Price, a VWAP 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 Holder (as the case may be) shall submit the dispute to the other party via 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 Hxxxxx at any time after such Hxxxxx learned of the circumstances giving rise to such dispute. If such Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend 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 Holder (as the case may be) of such dispute to the Company or such Holder (as the case may be), then such Holder may, with the consent of the Company (not to be unreasonably 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 a Closing Bid Price, a Closing Sale Price, a Conversion Price, a Dividend Conversion Price, an Alternate Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate, or the applicable redemption price 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 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 Hxxxxx the Holder at any time after such Hxxxxx the Holder learned of the circumstances giving rise to such dispute. If such the Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend 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 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 the Holder (as the case may be) of such dispute to the Company or such the Holder (as the case may be), then such the Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)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, a Dividend Conversion Price, an Alternate Conversion Price, a VWAP 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 Holder (as the case may be) shall submit the dispute to the other party via 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 Hxxxxx Holder at any time after such Hxxxxx Xxxxxx learned of the circumstances giving rise to such dispute. If such Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend 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 Holder (as the case may be) of such dispute to the Company or such Holder (as the case may be), then such Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)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, a Dividend Conversion Price, an Alternate Conversion Price, a VWAP 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 Holder (as the case may be) shall submit the dispute to the other party via 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 Hxxxxx Xxxxxx, at any time after such Hxxxxx learned of the circumstances giving rise to such disputetime. If such Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend 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 Holder (as the case may be) of such dispute to the Company or such Holder (as the case may be), then such Holder may, with the consent of the Company (not to be unreasonably 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 a Closing Bid Price, a Closing Sale Price, a Conversion Price, a Dividend Conversion Price, an Alternate Conversion Price, a VWAP 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 Holder (as the case may be) shall submit the dispute to the other party via 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 Hxxxxx Holder at any time after such Hxxxxx learned of the circumstances giving rise to such dispute. If such Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend 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 Holder (as the case may be) of such dispute to the Company or such Holder (as the case may be), then such Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)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, a Dividend Conversion Price, an Alternate Conversion Price, a VWAP 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 Holder (as the case may be) shall submit the dispute to the other party via 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 Hxxxxx at any time after such Hxxxxx learned of the circumstances giving rise to such dispute. If such Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend 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 Holder (as the case may be) of such dispute to the Company or such Holder (as the case may be), then such Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed), select an independent, reputable investment bank to resolve such dispute.. 72

Submission to Dispute Resolution. (i) In the case of a dispute relating to a Closing Bid Price, a Closing Sale Price, a Conversion Price, a Dividend an Installment Conversion Price, an Alternate Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate, or the applicable redemption price 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 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 Hxxxxx the Holder at any time after such Hxxxxx the Holder learned of the circumstances giving rise to such dispute. If such the Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend 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 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 the Holder (as the case may be) of such dispute to the Company or such the Holder (as the case may be), then such the Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)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, a Dividend Conversion Price, an Alternate Conversion Price, a Black-Scholes Consideration Value, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate, or the applicable redemption price 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 Holder (as the case may be) shall submit the dispute to the other party via 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 Hxxxxx the Holder at any time after such Hxxxxx the Holder learned of the circumstances giving rise to such dispute. If such the Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend Alternate Conversion Price, such Alternate Conversion PriceBlack-Scholes Consideration Value, such VWAP or such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable redemption price 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 the Holder (as the case may be) of such dispute to the Company or such the Holder (as the case may be), then such the Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)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, a Dividend 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 applicable redemption price 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 Holder (as the case may be) shall submit the dispute to the other party via electronic mail or otherwise (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 Hxxxxx the Holder at any time after such Hxxxxx the Holder learned of the circumstances giving rise to such dispute. If such the Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend Alternate Optional Conversion Price, such Alternate Triggering Event Conversion Price, such VWAP or such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable redemption price 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 the Holder (as the case may be) of such dispute to the Company or such the Holder (as the case may be), then such the Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)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 Price, a Closing Sale Price, a Conversion Price, a Dividend 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 applicable redemption price Redemption Price (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing), the Company Partnership or the applicable Series A Preferred Holder (as the case may be) shall submit the dispute to the other party via facsimile or electronic mail (A) if by the CompanyPartnership, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Hxxxxx Series A Preferred Holder at any time after such Hxxxxx Series A Preferred Holder learned of the circumstances giving rise to such dispute. If such Series A Preferred Holder and the Company Partnership are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend Conversion Price, such Alternate Triggering Event Conversion Price, such VWAP or such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable redemption price Redemption Price (as the case may be), at any time after the second (2nd) Business Day following such initial notice by the Company Partnership or such Series A Preferred Holder (as the case may be) of such dispute to the Company Partnership or such Series A Preferred Holder (as the case may be), then such Series A Preferred Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)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, a Dividend Conversion Bid Price, an Alternate Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate, or the applicable redemption price 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 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 Company initially became aware of the circumstances giving rise to such dispute or (B) if by such Hxxxxx at any time the Holder within two (2) Business Days after such Hxxxxx the Holder learned of the circumstances giving rise to such dispute. If such the Holder and the Company are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend Conversion Bid 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 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 the Holder (as the case may be) of such dispute to the Company or such the Holder (as the case may be), then such the Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)at its sole option, select an independent, reputable investment bank bank, reasonably acceptable to the Company, 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, a Dividend Conversion Price, an Alternate Conversion Price, a VWAP or a fair market value or the arithmetic calculation of a Conversion RateShares, or the applicable redemption price 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 Holder (as the case may be) shall submit the dispute to the other party via electronic mail (A) if by the CompanyCompany or SPAC, as applicable, within two (2) Business Days after the occurrence of the circumstances giving rise to such dispute or (B) if by such Hxxxxx the Holder at any time after such Hxxxxx the Holder learned of the circumstances giving rise to such dispute. If such the Holder and the Company or SPAC, as applicable, are unable to promptly resolve such dispute relating to such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend Conversion Price, such Alternate Conversion Price, such VWAP or such fair market value, or the arithmetic calculation of such a Conversion Rate or Shares such applicable redemption price 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 SPAC, as applicable, or the Holder (as the case may be) of such dispute to the Company or such the Holder (as the case may be), then such the Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)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 Redemption Amount, the Optional Redemption Price, a Closing Bid Price, a Closing Sale Price, a Conversion Price, a Dividend Conversion Price, an Alternate Conversion PriceBlack Scholes Consideration Value, a VWAP or a fair market value or the arithmetic calculation of a Conversion Rate, or the applicable redemption price 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 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 Hxxxxx at any time after such Hxxxxx the Company or the Holder, as applicable, learned of the circumstances giving rise to such dispute. If such the Holder and the Company are unable to promptly resolve such dispute relating to such Redemption Amount, such Optional Redemption Price, such Closing Bid Price, such Closing Sale Price, such Conversion Price, such Dividend Conversion Price, such Alternate Conversion PriceBlack Scholes Consideration Value, such VWAP or such fair market value, or the arithmetic calculation of such Conversion Rate or such applicable redemption price 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 the Holder (as the case may be) of such dispute to the Company or such the Holder (as the case may be), then such the Holder may, with the consent of the Company (not to be unreasonably withheld, conditioned or delayed)at its sole option, select an independent, reputable investment bank to resolve such dispute.