Cash and Property. Such consideration shall: (i) insofar as it consists of cash, be the aggregate amount of cash received by the Company; and (ii) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of the issue, as determined by the vote of a majority of the Company's Board of Directors or if the Board of Directors cannot reach such agreement, by a qualified independent public accounting firm, other than the accounting firm then engaged as the Company's independent auditors.
Appears in 3 contracts
Samples: Warrant Agreement (Danskin Investors LLC), Warrant Agreement (Danskin Investors LLC), Warrant Agreement (Danskin Inc)
Cash and Property. Such consideration shall:
(i1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; andCorporation excluding amounts paid or payable for accrued interest or accrued dividends;
(ii2) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of the issue, such issue if publicly traded or as determined by the vote of a majority of the Company's Board of Directors or if the Board of Directors cannot reach such agreement, by a qualified independent public accounting firm, other than the accounting firm then engaged as the Company's independent auditorsBoard.
Appears in 1 contract
Cash and Property. Such consideration shall:
: ------------------- (i) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; and
(ii) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of the issue, as determined by the vote of a majority of the Company's Board of Directors excluding amounts paid or if the Board of Directors cannot reach such agreement, by a qualified independent public accounting firm, other than the accounting firm then engaged as the Company's independent auditors.payable for accrued interest or accrued dividends;
Appears in 1 contract
Cash and Property. Such consideration shall:
(i) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; and
(ii) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of the issue, as determined by the vote of a majority of the Company's Board of Directors excluding amounts paid or if the Board of Directors cannot reach such agreement, by a qualified independent public accounting firm, other than the accounting firm then engaged as the Company's independent auditors.payable for accrued interest or accrued dividends;
Appears in 1 contract
Cash and Property. Such consideration shall:
(iA) insofar as it consists of cash, be the aggregate amount of cash received by the Company; and
(iiB) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of the issue, as determined in good faith by the vote of a majority of the Company's Board of Directors or if the Board of Directors cannot reach such agreement, by a qualified independent public accounting firm, other than the accounting firm then engaged as the Company's independent auditors.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Oncure Technolgies Corp)
Cash and Property. Such consideration shall:
(i) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; and, excluding amounts paid or payable for accrued interest or accrued dividends;
(ii) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of the issuesuch issuance, as determined in good faith by the vote of a majority of the Company's Board of Directors or if the Board of Directors cannot reach such agreement, by a qualified independent public accounting firm, other than the accounting firm then engaged as the Company's independent auditors.Directors; and
Appears in 1 contract
Samples: Warrant Agreement (I Link Inc)
Cash and Property. Such consideration shall:
(iA) insofar as it consists of cash, be computed at the aggregate amount amounts of cash received by the Company; andCorporation excluding amounts paid or payable for accrued interest or accrued dividends;
(iiB) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of the issuesuch issue or sale, as determined in good faith by the vote of a majority of the Company's Board of Directors or if the Board of Directors cannot reach such agreement, by a qualified independent public accounting firm, other than the accounting firm then engaged as the Company's independent auditors.Directors; and
Appears in 1 contract
Samples: Merger Agreement (Mascoma Corp)
