Examples of Xxxxxxxxx Entities in a sentence
The non-prevailing party shall be responsible for the reasonable expenses, fees and costs (including, without limitation, reasonable attorney’s fees) incurred by both the Xxxxxxxxx Entities and Elk Creek in such arbitration.
The Xxxxxxxxx Entities represent to the other parties to this Agreement that they will Beneficially Own approximately 6,115,000 Common Equivalent Shares in the aggregate immediately following the consummation of the Plan.
The parties hereby agree that for purposes of determining the Purchase Price and the Subject Assets that are the subject of the Elk Creek Options, the aggregate amounts paid by the Xxxxxxxxx Entities to repay and retire the Patriot Notes is $159,778,526.00 (the “Total Patriot Payoff”), and the aggregate principal amount of and accrued interest, including contingent interest, under the Elk Creek Notes, is $52,427,508.
If the two arbitrators appointed by the Xxxxxxxxx Entities and Elk Creek cannot agree on the selection of the third neutral arbitrator selection of such arbitrator shall be made by the American Arbitration Association.
Any disagreement between the Xxxxxxxxx Entities and Elk Creek arising hereunder shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association then in effect.