Examples of Accentia in a sentence
In the event that Accentia and Holder are unable to select the Sole Arbiter within five (5) business days following the end of the Settlement Period, then each of Accentia and Holder shall have an additional five (5) business days to select (and provide written notice of such selection to the other) an independent nationally recognized firm of certified public accountants.
Minneapolis MN 55433 with notice to Accentia at its Executive Offices at 5310 Cypress Center Drive, Suite 101, Tampa, Florida 33609.
Such appraisal determination shall be set forth in reasonable detail in a written notice to Holder and, absent manifest error or fraud, shall be binding on Accentia and Holder; provided, however, that the Holder shall have the right to object to such determination by providing written notice (the “Objection Notice”) to Accentia within five (5) business days of Holder’s receipt of such written notice of such determination.
Failing such resolution, the unresolved disputed items will be referred for final binding resolution to an independent nationally recognized firm of certified public accountants (the “Sole Arbiter”) mutually acceptable to Accentia, on the one hand, and Holder, on the other hand.
Each such firm shall be referred to, respectively, as the “First Arbiter” (selected by Accentia) and the “Second Arbiter” (selected by Holder).
Provided Holder delivers the Objection Notice within such five (5) business day period, then, within a further period of ten (10) business days (the “Settlement Period”), Accentia and Holder and, if desired, their accountants will attempt to resolve in good faith any disputed items and reach a written agreement with respect thereto.
The Arbiter’s Determination shall be (I) in writing, (II) furnished to Accentia and Holder as soon as practicable after the items in dispute have been referred to the Arbiter (but in no event later than ten (10) business days after such referral), (III) made in accordance with generally accepted accounting principles consistently applied, and (IV) non-appealable.
Within ten (10) business days following the selection of the First Arbiter and the Second Arbiter, the First Arbiter and the Second Arbiter shall select (and provide written notice to Accentia and Holder of such selection) a third independent nationally recognized firm of certified public accountants (the “Third Arbiter”).
For the purpose of this Section 5(a)(ii), the term “Accentia Common Stock” shall mean (xx) the class of stock designated as the Common Stock of Accentia at the date of this Note, or (yy) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.
The Principal amount due under this Note shall become immediately due and payable to Holder automatically and without further action or notice on the part of Holder, on June 16, 2006, the date that is the third (3rd) annual anniversary of the date of the Closing of the Investment Agreement between Accentia and BioVest (the “Maturity Date”).