Appraisal Notice. As described in Section 13.2(b)(i).
Appraisal Notice. The Company shall cooperate with Parent to prepare and mail an appraisal notice pursuant to Section 262 of the DGCL to the Fully-Diluted Stockholders that complies with applicable Law, including providing any financial statements of the Company required to be included in such appraisal notice.
Appraisal Notice. The Company shall prepare and mail (which may be included in the S-4) an appraisal notice as and to the extent required pursuant to Section 262 of the DGCL to any holder of Common Stock that has not consented to this Agreement and the Mergers that complies with applicable Law, in a form reasonably acceptable to Parent and at a time reasonably agreed with Parent.
Appraisal Notice. The Selling Stockholder shall use its commercially reasonable efforts to complete the Section 8 Appraisal prior to the expiration of the Sale Period; provided, however, that if the Section 8 Appraisal is not completed during the original term of the Sale Period, such period shall be extended to the date which is 10 days after such Section 8 Appraisal is completed. If the Section 8 Appraisal (or calculation of the value of marketable securities set forth above, if applicable) indicates that the value of the non-cash consideration payable by the third party purchaser is less than the aggregate value of the per share price, as set forth in the Section 8 Offer Notice, for all of the Subject Stock, the Selling Stockholder shall not sell the Subject Stock to such purchaser unless such purchaser pays the difference to the Selling Stockholder in the form of cash.
Appraisal Notice. As described in Section 13.2(b)(i). Benefit Plan Investor. As described in 29 C.F.R. Section 2510.3-101(f)(2), any employee benefit plan (as described in ERISA 3(3)), whether or not subject to Title 1 of ERISA, any plan descried in Code Section 4975(e), and any entity whose underlying assets include plan assets by reason of a plan’s investment in that entity. Business Day. Any weekday that is not an official holiday in the State of Texas.
Appraisal Notice. Promptly following the Closing and within ten (10) days thereof, the Surviving Entity shall deliver, to each Dissenting Shareholder pursuant to the Dissenter’s Rights Statute, an Appraisal Notice and the related form, which shall comply with the Dissenter’s Rights Statute and shall list as a return date for return of such form which is forty (40) days following the date such Appraisal Notice is mailed (the “Return Date”).
Appraisal Notice. If the Company complies with the requirements of the preceding sentence, the Second Appraisal shall be binding upon the Company and the Holder as the appraised value of the Company unless the Holder shall notify the Company of its objection to such Second Appraisal within 30 days of the Holder's receipt of the Second Appraisal. If the Holder so notifies the Company, the Company and the Holder shall appoint a third certified appraiser to determine the value of the Company, and if the Company and the Holder cannot reach an agreement as to such third certified appraiser, the Company and the Holder shall appoint a third party to appoint a third certified appraiser, which determination of appraiser shall be binding upon the Company and the Holder. The appraisal determined by such third appraiser (the "Third Appraisal") shall be binding upon the Company and the Holder and shall be the appraised value of the Company. The Company and the Holder shall bear equally all costs of such Third Appraisal. The price to be paid to the Holder shall be reduced if the Holder has elected to require the Company to purchase any unissued Shares of Common Stock evidenced by this Warrant by an amount equal to (i) the Exercise Price then in effect, multiplied by (ii) the number of unissued Shares of Common Stock evidenced by this Warrant that the Holder has elected to require the Company to purchase. The required purchase price (the "Purchase Price") shall be payable in cash. The closing of the purchase of the unissued Shares of Common Stock evidenced by this Warrant and/or Shares of Common Stock issued pursuant hereto (or any portion thereof) shall occur within 120 days of the date the Put Notice is received by the Company (or later if due to the actions or inactions of the Holder). This option shall be a continuing option, exercisable as many times as the Holder shall choose, and shall continue and remain until the Holder has sold all Shares of Common Stock issued or issuable upon exercise of this Warrant to the Company. The obligations of the Company under this Put Option shall be secured by the Security Agreement described in the Loan Agreement.
Appraisal Notice. In the event Lender commissions an appraisal report to be used in connection with the Project, Borrower is hereby advised and acknowledges that the sole purpose of such appraisal is to establish the adequacy of the Project as security for the Loan. Lender makes no representation or warranty as to the market value of the Project or its improvements. Acknowledgements: The undersigned acknowledges that Lender will rely or has relied upon the information set forth in the Commitment and all documents, attachments and other information requested by and furnished to Lender in connection therewith. No Fiduciary: Lender is not advising Borrower as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. Lender has no fiduciary or advisement relationship to Borrower, the relationship being that of lender/borrower. The transactions described
Appraisal Notice. If a determination of the Fair Market Value is required pursuant to Section 10.3, then Lessor or Tenant may give written notice (an "Appraisal Notice") to the other party, which Appraisal Notice shall state the requesting party's desire for an appraisal or other determination under this Article XXXV.
Appraisal Notice. Section 9.03(d). Audit and Conflicts Committee – Section 6.02(e)(ii).
