Value of the Shares. The Seller acknowledges and confirms that it is aware that the closing sale price of the Common Stock (the “Stock Price”) has fluctuated since the Seller purchased the Shares and is likely to continue to fluctuate after the date of this Agreement, including possible material increases to such Stock Price. The Seller further acknowledges and confirms that it is aware that future changes and developments in (A) the Buyer’s business and financial condition and operating results, (B) the industries in which the Buyer competes and (C) overall market and economic conditions, may have a favorable impact on the value of the Common Stock after the sale by the Seller of the Shares to the Buyer pursuant to terms of this Agreement.
Value of the Shares. Each of Seller and Group acknowledges and confirms that it is aware that the closing sale price of the Common Stock, as reported by the NASDAQ Stock Market (the “Stock Price”), has fluctuated since Seller purchased the Shares and is likely to continue to fluctuate after the date of this Agreement, including possible material increases to such Stock Price. Each of Seller and Group further acknowledges and confirms that it is aware that future changes and developments in (a) the Company’s business and financial condition and operating results, (b) the industries in which the Company competes, and (c) overall market and economic conditions, may have a favorable impact on the value of the Common Stock after the sale by Seller of the Shares to the Company pursuant to the terms of this Agreement. Each of Seller and Group has determined to forego the possibility of any such future increases in value to obtain the consideration being paid pursuant hereto for its investment with respect to the Shares. Each of Seller and Group acknowledges that the Company has not made any representation to it about the advisability of this decision or the potential future value of the Shares being sold by Seller.
Value of the Shares. The Company acknowledges and confirms that it is aware that the Stock Price has fluctuated since Seller purchased the Shares and is likely to continue to fluctuate after the date of this Agreement, including possible material decreases to such Stock Price. The Company further acknowledges and confirms that it is aware that future changes and developments in (a) its business and financial condition and operating results, (b) the industries in which it competes, and (c) overall market and economic conditions, may have an unfavorable impact on the value of the Common Stock after the sale by Seller of the Shares to the Company pursuant to the terms of this Agreement. The Company has determined to forego the possibility of any such future decreases in value to obtain the Shares for the consideration being paid pursuant hereto. The Company acknowledges that neither Seller nor Group has made any representation to it about the advisability of this decision or the potential future value of the Shares being sold by Seller.
Value of the Shares. The Shares to be issued hereunder shall be valued at $20-5/8, the closing price on December 31, 1996.
Value of the Shares. Pursuant to Article 22 of the Pledge Law, the value of the all Share for purpose of taking over title to such Shares by the Pledge Administrator, shall be equal to PLN 1000. APPLICATION OF PROCEEDS The value of Shares set forth in Clause 10.3 (Value of the Shares) or the net proceeds of sale of the Shares, as the case may be, which may by applied towards satisfaction of the Secured Claims shall be applied towards their satisfaction in the manner specified in the Facility Agreement. If the value of the Shares, or as the case may be, the net proceeds of sale of the Shares exceed the amount of Secured Claim, the surplus shall be paid to the Pledgor within 14 days of the Pledge Administrator following the date on which the Pledge Administrator receives those net proceeds or takes title to Shares.
Value of the Shares on the occurrence of an
Value of the Shares. The Seller acknowledges and confirms that it is aware that (i) the Buyer has reported improvements in its sales to commercial and government customers over the past nine quarters and that the Seller achieved record operating profitability in the fiscal quarter ended June 25, 2006, and (ii) the closing sale price of the Buyer’s Common Stock has increased from $13.08 per share at September 30, 2005 to $24.03 per share at September 8, 2006. The Seller further acknowledges and confirms that it is aware that future changes and developments in (A) the Buyer’s business and financial condition and operating results, (B) the industries in which the Buyer competes and (C) overall market and economic conditions, may continue to have a favorable impact on the value of the Common Stock after the sale by the Seller of the Shares to the Buyer pursuant to this Agreement.
Value of the Shares. ITS represents that they have provided ------------------- to Buyer all relevant documentation, and ITS has answered all questions with regard thereto that Buyer deemed necessary or appropriate to evaluate the business, operations and assets of ITS and the value of its common stock. Buyer is relying solely on its own evaluation and analysis in determining the value of the Shares and not on any representation of value or worth made by ITS.
Value of the Shares. The Stockholder Parties, the AmBase Parties and the Purchaser each acknowledge that (i) the Purchase Price does not necessarily reflect the fair market value of the Shares as of the date hereof; (ii) the value of the Shares may increase or decrease after the date hereof; and (iii) none of the Stockholder Parties, the AmBase Parties or the Purchaser shall have any claims against another party to this Agreement by reason of an increase or decrease in the value of the Shares. The Stockholder Parties, the AmBase Parties and the Purchaser expressly acknowledge that this Agreement is intended to settle any and all claims among the parties, including without limitation, any contract claims, tort claims, claims arising under the federal securities laws, fraud claims, including any claims of fraud in the inducement of, or otherwise in connection with or related to, the settlement and any other matters contemplated by this Agreement.
Value of the Shares. The Parties estimate the net value of the Shares as at the date of this Agreement at their nominal value.
