Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the Current Market Value of any item under Section 4, such determination may be challenged in good faith by the Majority Holders.
Appears in 8 contracts
Samples: Warrant Agreement (Pathmark Stores Inc), Warrant Agreement (Weight Watchers International Inc), Warrant Agreement (Weight Watchers International Inc)
Challenge to Good Faith Determination. Whenever the Board shall be is required to make a determination in good faith of the Current Market Value fair market value of any item under this Section 4, the Majority Holders may challenge such determination may be challenged in good faith by the Majority Holdersfaith, and an Independent Financial Expert shall resolve any such dispute.
Appears in 4 contracts
Samples: Warrant Agreement (Osage Exploration & Development Inc), Warrant Agreement (Deep Down, Inc.), Warrant Agreement (Baseline Oil & Gas Corp.)
Challenge to Good Faith Determination. Whenever the Board shall be is required to make a determination in good faith of the Current Market Value fair market value of any item under this Section 4, Holder may challenge such determination may be challenged in good faith by the Majority Holdersfaith, and an Independent Financial Expert shall resolve any such dispute.
Appears in 4 contracts
Samples: Third Supplement to Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Warrant Agreement (Energy & Exploration Partners, Inc.)
Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the Current Market Value fair market value of any item under Section 4this Article IV, such determination may be challenged in good faith by the Majority Required Holders, and any dispute shall be resolved by an investment banking or valuation firm of recognized national standing selected by Company and acceptable to the Required Holders using the dispute resolution mechanism established herein under the definition of "Current Market Price."
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Challenge to Good Faith Determination. Whenever the Board shall ------------------------------------- be required to make a determination in good faith of the Current Market Value of any item under Section 4, such determination may be challenged in good faith by the Majority Holders.
Appears in 1 contract
Samples: Warrant Agreement (Cybernet Internet Services International Inc)
Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the Current Market Value fair market value of any item under Section 4this Article IV, such determination may be challenged in good faith by the Majority Required Holders, and any dispute shall be resolved by any investment banking or valuation firm of recognized national standing selected by Company and acceptable to the Required Holders using the dispute resolution mechanism established herein under the definition of "Current Market Price."
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