Binding and Conclusive Sample Clauses

Binding and Conclusive. Upon the expiration of the [***] year period following the end of any Contract Year, the calculation of the amounts payable with respect to such Contract Year shall be binding and conclusive upon the Parties.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Binding and Conclusive. (i) Geokinetics shall have 30 days after the delivery of the Preliminary Closing Balance Sheet by the Sellers to Geokinetics on behalf of the Purchasers (such 30-day period, the “Objection Period”) to notify the Sellers in writing of any and all objections to the Preliminary Closing Balance Sheet (such written notice, the “Objection Notice”). The Objection Notice shall (a) identify each item of the Preliminary Closing Balance Sheet to which Geokinetics on behalf of the Purchasers objects and (b) describe in reasonable detail the nature of such objection and the Purchasers’ calculation of such disputed item. (ii) If Geokinetics on behalf of the Purchasers does not deliver an Objection Notice to the Sellers within the Objection Period, the Preliminary Closing Balance Sheet shall be binding and conclusive upon, and deemed accepted by, the Purchasers for the purpose of calculating the Cash Consideration. Any item of the Preliminary Closing Balance Sheet not objected to by the Objection Notice shall be deemed to be final and binding.
Sample 1
Binding and Conclusive. Except as expressly provided herein, no issue by the Company of shares of stock of any class, or securities convertible into shares of stock of any class, shall affect, and not adjustment by reason thereof shall be made with respect to, the number of Shares subject to, or the Exercise Price of, this Option. The Board may, if it so determines in the exercise of its sole discretion, also make provision for adjusting the number of Shares, we well as the Exercise Price, in the event that the Company effects one or more reorganizations, recapitalizations, rights offerings, or other increases or reductions of shares of its outstanding common stock, and in the event of the Company being consolidated with or merged into any other corporation; provided, however, that in no event shall the Optionee be adversely affected by such adjustment. The Board may, if it so determines in the exercise of its sole discretion, also make provision for changing, modifying, amending or adjusting any of the terms of this Option solely in order for the Company to perfect a significant financing; provided, however, that in no event shall the Optionee be adversely affected by such adjustment.
Sample 1
Binding and Conclusive. This Agreement is binding and conclusive with respect to the Transaction(s). No Party to this Agreement will subsequently raise or attempt to contest for any taxable year any issue relating to the Transaction(s), except that: 9.4.1 This Agreement may be modified, reopened, or revoked by FTB in the event of fraud, malfeasance, misrepresentation and/or omission of a material fact by Taxpayer. 9.4.2 The Agreement is subject to the R&TC Sections that expressly provide that effect be given to their provisions (including any stated exceptions for R&TC Section 19441, subdivision (b)) notwithstanding any other law or rule of law; and 9.4.3 To the extent that this Agreement relates to a taxable year(s) ending after the date of this Agreement, it is subject to any law that is, or becomes, operative with respect to that taxable year(s).
Sample 1

Related to Binding and Conclusive

  • Binding Agreement This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal successors, and assigns.

  • Binding Agreements This Agreement and the other Financing Documents executed and delivered by the Borrowers have been properly executed and delivered and constitute the valid and legally binding obligations of the Borrowers and are fully enforceable against each of the Borrowers in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties, and general principles of equity regardless of whether applied in a proceeding in equity or at law.

  • Binding Nature This Agreement shall be binding upon, and inure to the benefit of, the successors and personal representatives of the respective parties hereto.

  • Binding Obligations This Agreement and each of the other Transaction Documents to which it is a party constitutes legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.

  • Binding Contract We understand that this Tender, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed;

  • Binding This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.

  • Binding Decision The arbitrator shall hear and determine the grievance, and shall issue a decision which is final and binding on the Parties and any person affected by it.

  • Power; Binding Agreement Stockholder has the legal capacity, power and authority to enter into and perform all of its obligations under this Agreement. The execution, delivery and performance of this Agreement by Stockholder will not violate any agreement or any court order to which Stockholder is a party or is subject including, without limitation, any voting agreement or voting trust. This Agreement has been duly and validly executed and delivered by Stockholder.

  • Binding Provisions This Agreement is binding upon, and inures to the benefit of, the parties hereto and their respective heirs, executors, administrators, personal and legal representatives, successors, and permitted assigns.

  • Binding Agreement; Assignment This Agreement shall inure to the benefit of, be binding upon, and be enforceable by the Company and its successors and assigns. The Participant shall not assign (except in accordance with Section 6 hereof) any part of this Agreement without the prior express written consent of the Company.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!