Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 7 contracts
Samples: Loan Modification Agreement (Imprivata Inc), Agreement and Plan of Merger (Mascoma Corp), Purchase Preferred Stock (Mascoma Corp)
Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the CorporationDirectors.
Appears in 2 contracts
Samples: Subordinated Convertible Note Purchase Agreement (Mascoma Corp), Share Purchase Agreement (Mascoma Corp)
Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 1 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 2 contracts
Samples: Purchase Agreement (Higher One Holdings, Inc.), Stock Purchase Agreement (Stockgroup Information Systems Inc)
Distributions Other Than Cash. Whenever the distribution provided ----------------------------- for in this Section 2 1 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 2 contracts
Samples: Stock Restriction Agreement (Sequenom Inc), Stock Restriction Agreement (Sequenom Inc)
Distributions Other Than Cash. Whenever the distribution distributions ----------------------------- provided for in this Section 2 1 shall be payable in property other than cash, the value of such distribution distributions shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 2 contracts
Samples: Stock Restriction Agreement (Sequenom Inc), Stock Restriction Agreement (Sequenom Inc)
Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 3 shall be payable paid in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 2 contracts
Samples: Exhibit 10 (FMC Corp), Agreement and Plan of Merger (Advanced Machine Vision Corp)
Distributions Other Than Cash. Whenever the distribution distributions provided for in this Section 2 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors Directors. All distributions (including distributions other than cash) made hereunder shall be made pro rata to the holders of the CorporationSeries C Preferred Stock.
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Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 subsection 2.2.1.2 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the CorporationDirectors.
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Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 3 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
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