CALCULATION OF MERGER CONSIDERATION. (a) As soon as practicable following the determination of the IPO Price and prior to the Effective Time, all calculations relating to the Merger Consideration shall be performed in good faith by, or under the direction of, the REIT, and shall be final and binding upon the holders of SPE LLC Interests.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Younan Properties Inc), Agreement and Plan of Merger (Younan Properties Inc), Agreement and Plan of Merger (Younan Properties Inc)
CALCULATION OF MERGER CONSIDERATION. (a) As soon as practicable following the determination of the IPO Price and prior to the Effective Time, all calculations relating to the Merger Consideration shall be performed in good faith by, or under the direction of, the REIT, REIT and shall be final and binding upon the holders of SPE LLC Fund Partnership Interests.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Douglas Emmett Inc), Agreement and Plan of Merger (Douglas Emmett Inc), Agreement and Plan of Merger (Douglas Emmett Inc)
CALCULATION OF MERGER CONSIDERATION. (a) As soon as practicable following the determination of the IPO Price and prior to the Effective Time, all calculations relating to the Merger Consideration shall be performed in good faith by, or under the direction of, the REIT, and and, absent manifest error, shall be final and binding upon the holders of SPE LLC Equity Interests.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.)
