Common use of Cash and Property Clause in Contracts

Cash and Property. Such consideration shall: (A) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Corporation, excluding amounts paid or payable for accrued interest or accrued dividends; (B) insofar as it consists of services, goods or other property other than cash, be computed at the fair value thereof at the time of such issue, as determined in good faith by the Board of Directors of the Corporation; and (C) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the corporation for consideration which covers both cash and services, goods or other property other than cash, be in the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Board of Directors of the Corporation.

Cash and Property. Such consideration shall: (Aa) insofar as it consists of cash, be computed at the aggregate amount of cash received by the CorporationCompany before deducting any reasonable discounts, excluding amounts commissions or other expenses allowed, paid or payable incurred by the Company for accrued interest any underwriting or accrued dividendsotherwise in connection with such issuance; (Bb) insofar as it consists of services, goods or other property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board of Directors of the CorporationManagers; and (Cc) in the event Additional Shares of Common Stock Units are issued together with other shares Units or securities or other assets of the corporation Company for consideration which covers both cash and services, goods or other property other than cashboth, be in the proportion of such consideration so received, computed as provided in clauses (Aa) and (Bb) above, as reasonably determined in good faith by the Board of Directors of the CorporationManagers.

Cash and Property. Such consideration shall: (Aa) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Corporation, excluding amounts Company after deducting any commissions paid or payable for accrued interest or accrued dividendsby the Company with respect to such issuance; (Bb) insofar as it consists of services, goods or other property other than cash, be computed at the fair value thereof at the time of such issue, as determined in the good faith by the Board of Directors of the CorporationBoard; and (Cc) in the event Additional Shares of Common Stock are issued (or, pursuant to Section 4.1, deemed to be issued) together with other shares or securities or other assets of the corporation Company for consideration which covers both cash and services, goods or other property other than cashboth, be in the proportion of such consideration so received, computed as provided in clauses (ASections 4.3(i)(a) and (Bb) above, as determined in good faith by the Board of Directors of the CorporationBoard.

Cash and Property. Such consideration shall: (A1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the CorporationCompany, excluding amounts paid or payable for accrued interest or accrued dividends; (B2) insofar as it consists of services, goods or other property other than cash, be computed at the fair value Fair Market Value thereof at the time of such issue, as determined in good faith by the Board Company's board of Directors directors with the assistance of the Corporationqualified professionals, as necessary; and (C3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the corporation Company for consideration which covers both cash and services, goods or other property other than cashboth, be in the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board Company's board of Directors of the Corporationdirectors.

Cash and Property. Such consideration shall: (A) insofar as it consists of cash, be computed at the aggregate amount of cash received by the CorporationCompany, excluding amounts paid or payable for accrued interest or accrued dividends; (B) insofar as it consists of services, goods or other property other than cash, be computed at the fair value thereof at the time of such issue, as determined in good faith by the Board of Directors of the CorporationCompany; and (C) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the corporation Company for consideration which covers both cash and services, goods or other property other than cash, be in the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Board of Directors of the CorporationCompany.

Cash and Property. Such consideration shall: (Aa) insofar as it consists of cash, be computed at the aggregate amount of cash received or to be received by the Corporation, Company excluding amounts paid or payable for accrued interest or accrued dividends; (Bb) insofar as it consists of services, goods or other property other than cash, be computed at the fair value thereof at the time of such issue, as determined in good faith by the Board of Directors of the CorporationCompany; and (Cc) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the corporation Company for consideration which covers both cash and services, goods or other property other than cashboth, be in the proportion of such consideration so received, computed as provided in clauses (Aa) and (Bb) above, as determined in good faith by the Board of Directors of the CorporationCompany.