Common use of Challenge to Good Faith Determination Clause in Contracts

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder and reasonably acceptable to the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyHolder.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the Holder. The fees and expenses of such investment banking firm shall be paid by the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyHolder.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Majority Holders and reasonably acceptable to the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Warrant Holders, and any dispute shall be resolved by an investment banking or appraisal firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Warrant Holders and whose decision shall be binding on the Company and all holders of Warrants. The fees and expenses of such firm shall be paid by the party or parties whose position is not chosen by such firm.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder and reasonably acceptable to the CompanyHolder.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair market value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking or valuation firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderRequired Holders, and any dispute shall be resolved by an investment banking firm of recognized national standing selected and paid for by the Holder Company and reasonably acceptable to the Companysuch Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 45, such determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to such Holder (or, if more than one Warrant is outstanding, to holders of a majority of Warrant Stock issuable upon exercise of the CompanyWarrants).

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyHolder.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by either (i) an investment banking or accounting firm of recognized national standing selected by the Holder and reasonably acceptable to the CompanyCompany in a manner customary for such evaluations and no arbitration or similar hearings shall be conducted in connection therewith or (ii) any other method mutually agreed to by the parties hereto.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holderholder of any Warrant, and any dispute shall be resolved by an investment banking firm of recognized national standing Independent Financial Expert selected by the Holder Company and reasonably acceptable to the Majority Warrant Holders and whose decision shall be binding on the Company and all holders of Warrants. The fees and expenses of such firm shall be paid by the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 411, such determination may be challenged in good faith by the any registered Holder, and any dispute shall be resolved by an investment banking or valuation firm of recognized national standing selected by the Holder Company and reasonably acceptable to the Companya majority of Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 45, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to such Holder, with all costs thereof borne by the Company.

Challenge to Good Faith Determination. Whenever the Board ------------------------------------- of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder and reasonably acceptable to the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking or valuation firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company Corporation shall be required to make a determination in good faith of the fair value of any item under this Section 4Subsection (c), such determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking or valuation firm of recognized national standing selected by the Holder Corporation and reasonably acceptable to the CompanyMajority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 41.2, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the Holder. The fees and expenses of such investment banking firm shall be paid by the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an independent third party investment banking firm of recognized national standing selected mutually acceptable by the Holder and reasonably acceptable to the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Holders, and and, after 20 Business Days in which the parties hereto shall, in good faith, attempt to resolve any dispute related hereto, then any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such 18 determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Majority Holders and reasonably acceptable to the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Warrant Holders, and any dispute shall be resolved by an investment banking or appraisal firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Warrant Holders and whose decision shall be binding on the Company and all holders of Warrants. The fees and expenses of such firm shall be paid by the party or parties whose position is not chosen by such firm. 4.7.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing (or otherwise competent to make the determination) selected by the Holder Company and reasonably acceptable to the CompanyHolder.

Challenge to Good Faith Determination. Whenever the Company's Board of Directors of the Company shall be is required to make a determination in good faith of the fair value of any item under this Section 43, such determination may be challenged in good faith by the Registered Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyRegistered Holder. The Company shall bear the expenses of any challenge made by the Registered Holder hereunder.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder and reasonably acceptable to the Company. 4.4.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the HolderMajority Holders, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the Companysuch Majority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 42, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking or appraisal firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyHolder.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4Agreement, such determination may be challenged in good faith by holders holding in the Holderaggregate a majority of the then outstanding Warrants without regard to any Warrants then held by the Company or its affiliates, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder and reasonably acceptable to Company. The fee of such investment banking firm shall be paid by the Company.

Challenge to Good Faith Determination. Whenever the Board of ------------------------------------- Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 45, such determination may be challenged in good faith by the Holder, a Holder and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to such Holder. The fees of such investment banker shall be borne by the Holder if the Company's calculation is determined to be correct and otherwise by the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to such Holder. All fees and expenses associated with such resolution shall be paid by the Company.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4Fair Market Value hereunder, such determination may be challenged by Holders holding in good faith the aggregate a majority of the then outstanding Warrants (without regard to any Warrants then held by the HolderCompany or its Affiliates) (the “Majority Holders”), and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company. The fee of such investment banking firm shall be paid 50% by the Company and reasonably acceptable to 50% by the CompanyHolders.

Challenge to Good Faith Determination. Whenever the ------------------------------------- Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyHolder.

Challenge to Good Faith Determination. Whenever the Board ------------------------------------- of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyHolder.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, Majority Holders and any dispute shall be resolved by an investment banking or valuation firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyMajority Holders.

Challenge to Good Faith Determination. Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder Company and reasonably acceptable to the CompanyHolder. 4.4.