Appointment of Independent Expert. 1.1.1. The Parties shall appoint such firm as the Independent Expert as may be acceptable to the Parties provided that the firm to be appointed shall have:
Appointment of Independent Expert. If any Dispute is referred to an Independent Expert under this Clause 11: the Parties must in good faith use all reasonable endeavours to agree who the Independent Expert shall be; or If after ten (10) Working Days, the Parties have failed to agree who the Independent Expert shall be, the Authority shall refer the matter to the Managing Director of Markets (or person of equivalent authority) for the time being at XXXX who shall choose the Independent Expert. The choice of the Managing Director shall be binding on the Parties. The determination process: Co-operation with the Independent Expert: The Parties shall: provide the Independent Expert with any assistance he may require in determining the Dispute referred to him; and provide the Independent Expert with all information he may reasonably request. Calling for evidence: The Independent Expert shall be entitled to call for such evidence and arguments from the Parties and any other person as he shall, in his absolute discretion, see fit in the course of making his determination. All such information and evidence shall be provided to the Independent Expert in writing. Appointment of advisers: The Independent Expert may appoint advisers having appropriate qualifications and experience, whose services he considers are desirable to assist him in considering the Dispute referred to him. The Independent Expert's determination: Determination in writing The Independent Expert shall give his determinations in writing. Determination on matters referable: The Independent Expert shall make his determination only in relation to matters expressly referable to an Independent Expert by the terms of this Framework Agreement. The Independent Expert shall have no discretion to make any determination on any other matter except with the prior agreement of both Parties. Determination that amendments are required: If the Independent Expert determines that amendments to the Framework Agreement or Customer Contracts are required, the Independent Expert shall specify what amendments are required, the date on which the amendments shall have effect and the allocation of implementation costs between the Parties (determined on a pass-through, open-book basis). Parties' right to terminate where no amendments are required: This Clause 11.9.4 applies if the Independent Expert determines: there is a Relevant Change or there is a Potential Relevant Change; and there are no amendments to the Framework Agreement or Customer Contracts that ca...
Appointment of Independent Expert. (a) The Independent Expert will be appointed by agreement between the parties to the dispute or deadlock. If the parties cannot agree on appointment of an Independent Expert, the appointment will be made by:
Appointment of Independent Expert. In accordance with the second paragraph of article 34.1 of the Law on Structural Changes to Companies, the Boards of Directors of CaixaBank and Bankia will request that the Companies Register of Valencia appoints an independent expert to draft a sole report on this Joint Merger Plan and on the assets and liabilities transferred from Bankia to CaixaBank as a result of the merger, with the scope set out in article 34.3 of the aforementioned law.
Appointment of Independent Expert. The Authority shall appoint a consulting firm in accordance with the selection criteria set forth in Schedule-L, to be the independent consultant under this Agreement (the “Independent Expert”). The appointment shall be made at the Authority’s sole discretion. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm.
Appointment of Independent Expert. In the event that a Dispute is required to be determined by an Independent Expert under clause 33.1(a)(iv), then the procedure for the appointment of an Independent Expert shall be as follows:
Appointment of Independent Expert. If the Borrower and the Lender do not mutually agree on an Expert within seven (7) days from the beginning of the appointment process, each of the Borrower and the Lender shall select an Expert, whereby the so elected Experts shall select together a third Expert. In case the two selected Experts do not mutually agree on a third Expert within seven (7) days after being appointed, each of them shall select another Expert, whereby a Swiss Notary Public appointed by the Lender will pick one of these two Experts as third Expert by drawing lots. In the case of the appointment of three Experts references in this Agreement to an Independent Expert shall be deemed to refer to these three Experts, deciding by majority decision. Decisions of the Independent Expert shall be final and binding on the Borrower and the Lender. The Lender shall incur no liability against the Borrower in respect of any action taken, or suffered to be taken, in accordance with such decision and in good faith. The fees and costs of the Independent Expert shall be borne by the Borrower. SCHEDULE 3 CONVERSION NOTICE To: WISeKey International Holding AG Gexxxxx-Xxxxxx-Xxxxxxx 0 0000 Xxx Xxxxxxxxxxx Attn.: Pexxx Xxxx, Chief Financial Officer Email: pexxx.xxxx@xxxxxxx.xxx From: [Lender] Dated: [__________] Dear Sirs WISeKey – US$3,500,000 Convertible Loan Agreement dated 27 June 2019 (the "Agreement")
Appointment of Independent Expert. Within five (5) Business Days of notice of a Dispute being received by a party, one or both parties will nominate an independent expert to determine the Dispute. If the parties fail to agree to the identity of an independent expert within five (5) Business Days of a party nominating an independent expert, then either or both of the parties may refer the matter to the President for the time being of the Law Society of the Northern Territory who will nominate an independent expert to determine the Dispute. Decision of Independent Expert The decision of the independent expert will be in writing and will be absolute and final and will bind the parties accordingly and this Deed will be deemed to be amended to incorporate the terms of the independent expert's decision. The independent expert will be deemed to be acting in making any decision as an expert and not an arbitrator.
Appointment of Independent Expert. 21.1.1. The Authority shall appoint a consulting engineering firm from a panel of 10 (ten) firms or bodies corporate, constituted by the Authority substantially in accordance with the selection criteria set forth in Schedule P, to be the Independent Expert under this Agreement (the “Independent Expert”). The appointment shall be made no later than 90 (ninety) days from the date of this Agreement and shall be for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm from a fresh panel constituted pursuant to Schedule P to be the Independent Expert for a term of 3 (three) years, and such procedure shall be repeated after expiry of each appointment.
Appointment of Independent Expert. 2.1 In the event the JV Shareholders do not agree a sum equal to Fair Market Value in accordance with paragraph 1.2, they will each use their reasonable endeavours to agree upon the appointment of the Independent Expert, which will be an investment bank, within 3 Business Days of the expiry of the Initial Consideration Period (“Appointment Period”).
