Common use of Notice of Objection Clause in Contracts

Notice of Objection. The Company shall have ten (10) Business Days from the Vesting Notice having been given in accordance with Section 15 (the "Objection Notice Period") to give EDS CoNext written notice that the Company objects to all or a portion of the vesting of this Warrant as set forth in the Vesting Notice (the "Objection Notice"). Any portion of the vesting set forth in the Vesting Notice as to which no objection is made shall be immediately vested. Upon the giving of the Objection Notice with regard to any portion of the vesting as to which an objection is made, the Company and EDS CoNext will use reasonable efforts to resolve any objections. If the Company and EDS CoNext are unable to resolve the dispute, the Company and EDS CoNext will jointly select an accounting firm of national standing to resolve the dispute. If the Company and EDS CoNext are unable to agree on the choice of such an accounting firm, they will select an accounting firm of national standing by lot which has not provided services to either the Company or EDS CoNext during the preceding twenty-four (24) months (the "Accountant") which shall determine the Revenue for the period. The Accountant shall deliver to each of the Company and EDS CoNext its determination within ten (10) Business Days after being selected, and the determination of the Accountant shall be binding upon the Company and EDS CoNext. The expenses of the Accountant shall be borne equally by the Company and EDS CoNext. Any additional portion of the Warrant that shall vest as a result of * Represents confidential information for which Ariba, Incorporated is seeking confidential treatment with the Securities and Exchange Commission. the agreement of the Company and EDS CoNext or the determination of the Accountant shall be vested as of the Vesting Date for such shares upon such agreement or determination.

Appears in 3 contracts

Samples: Warrant And (Ariba Inc), Warrant And (Ariba Inc), Warrant And (Ariba Inc)

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Notice of Objection. The Company shall have ten (10) Business Days from the Vesting Notice having been given in accordance with Section 15 (the "Objection Notice Period") to give EDS CoNext written notice that the Company objects to all or a portion of the vesting of this Warrant as set forth in the Vesting Notice (the "Objection Notice"). Any portion of the vesting set forth in the Vesting Notice as to which no objection is made shall be immediately vested. Upon the giving of the Objection Notice with regard to any portion of the vesting as to which an objection is made, the Company and EDS CoNext will use reasonable efforts to resolve any objections. If the Company and EDS CoNext are unable to resolve the dispute, the Company and EDS CoNext will jointly select an accounting firm of national standing to resolve the dispute. If the Company and EDS CoNext are unable to agree on the choice of such an accounting firm, they will select an accounting firm of national standing by lot which has not provided services to either the Company or EDS CoNext during the preceding twenty-four (24) months (the "Accountant") which shall determine the Revenue for the period. The Accountant shall deliver to each of the Company and EDS CoNext its determination within ten (10) Business Days after being selected, and the determination of the Accountant shall be binding upon the Company and EDS CoNext. The expenses of the Accountant shall be borne equally by the Company and EDS CoNext. Any additional portion of the Warrant that shall vest as a result of * Represents confidential information for which Ariba, Incorporated is seeking confidential treatment with the Securities and Exchange Commission. the agreement of the Company and EDS CoNext or the determination of the Accountant shall be vested as of the Vesting Date for such shares upon such agreement or determination.

Appears in 1 contract

Samples: Warrant And (Ariba Inc)

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Notice of Objection. The Company shall have ten (10) Business Days from the Vesting Notice having been given in accordance with Section 15 (the "Objection Notice Period") to give EDS CoNext written notice that the Company objects to all or a portion of the vesting of this Warrant as set forth in the Vesting Notice (the "Objection Notice"). Any portion of the vesting set forth in the Vesting Notice as to which no objection is made shall be immediately vested. Upon the giving of the Objection Notice with regard to any portion of the vesting as to which an objection is made, the Company and EDS CoNext will use reasonable efforts to resolve any objections. If the Company and EDS CoNext are unable to resolve the dispute, the Company and EDS CoNext will jointly select an accounting firm of national standing to resolve the dispute. If the Company and EDS CoNext are unable to agree on the choice of such an * Represents confidential information for which Ariba, Incorporated is seeking confidential treatment with the Securities and Exchange Commission. accounting firm, they will select an accounting firm of national standing by lot which has not provided services to either the Company or EDS CoNext during the preceding twenty-four (24) months (the "Accountant") which shall determine whether the Revenue for the periodVesting Event has occurred. The Accountant shall deliver to each of the Company and EDS CoNext its determination within ten (10) Business Days after being selected, and the determination of the Accountant shall be binding upon the Company and EDS CoNext. The expenses of the Accountant shall be borne equally by the Company and EDS CoNext. Any additional portion of the Warrant that shall vest as a result of * Represents confidential information for which Ariba, Incorporated is seeking confidential treatment with the Securities and Exchange Commission. the agreement of the Company and EDS CoNext or the determination of the Accountant shall be vested as of the Vesting Date for such shares upon such agreement or determination.

Appears in 1 contract

Samples: Warrant And (Ariba Inc)

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