Common use of Cash and Property Clause in Contracts

Cash and Property. Aggregate consideration consisting of cash and other property will: (x) insofar as it consists of cash, be computed at the aggregate of cash received by the Company, excluding amounts paid or payable for accrued interest or accrued dividends; (y) insofar as it consists of property other than cash, be computed at the Fair Market Value thereof on the Measurement Date; and (z) insofar as it consists of both cash and other property, be the proportion of such consideration so received.

Appears in 19 contracts

Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)

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Cash and Property. Aggregate consideration consisting of cash and other property will: (x) insofar as it consists of cash, be computed at the aggregate of cash received by the Company, excluding amounts paid or payable for accrued interest or accrued dividends; (y) insofar as it consists of property other than cash, be computed at the Fair Market Value thereof on the Measurement Date; and (z3) insofar as it consists of both cash and other property, be the proportion of such consideration so received.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Diamond Foods Inc), Securities Purchase Agreement (Elevation Partners, L.P.), Warrant Agreement (Palm Inc)

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Cash and Property. Aggregate consideration consisting of cash and other property will: (x) insofar as it consists of cash, be computed at the aggregate of cash received by the CompanyCorporation, excluding amounts paid or payable for accrued interest or accrued dividends; (y) insofar as it consists of property other than cash, be computed at the Fair Market Value thereof on the Measurement Date; and (z3) insofar as it consists of both cash and other property, be the proportion of such consideration so received.

Appears in 1 contract

Samples: Securities Purchase Agreement (Diamond Foods Inc)

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