Common use of Challenge to Good Faith Determination Clause in Contracts

Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the fair value of any item under Section 9, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing in the United States selected by the Company and acceptable to the Holder.

Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the fair value of any item under this Article IV or as to the Current Market Price under any Section 9of this Warrant, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking or valuation firm of recognized national standing in the United States selected by the Company and acceptable to the Holder.