Common use of Challenge to Good Faith Determination Clause in Contracts

Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the Fair Value of any item under this Article 3 or any determination is provided for in the last paragraph of Section 3.3, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an Independent Investment Banking Firm selected by the Company and reasonably acceptable to the Holder. The expenses of any challenge made by the Holder hereunder shall be borne by the Company only if challenge is successful, otherwise such expenses shall be borne by the Holder.

Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the Fair Value of any item under this Article 3 or any determination is provided for in the last paragraph of Section 3.3, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an Independent independent Investment Banking Firm selected by the Company and reasonably acceptable to the Holder. The expenses of any challenge made by the Holder hereunder shall be borne by the Company only if challenge is successful, otherwise such expenses shall be borne by the Holder.

Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the Fair Value fair market value of any item under this Article 3 or any determination is provided for in the last paragraph of Section 3.3IV, such determination may be challenged in good faith by the HolderRequired Holders, and any dispute shall be resolved by an Independent Investment Banking Firm investment banking or valuation firm of recognized national standing selected by the Company and reasonably acceptable to the Holder. The expenses Required Holders using the dispute resolution mechanism established herein under the definition of any challenge made by the Holder hereunder shall be borne by the Company only if challenge is successful, otherwise such expenses shall be borne by the Holder"Current Market Price."

Challenge to Good Faith Determination. Whenever the Board shall be required to make a determination in good faith of the Fair Value fair market value of any item under this Article 3 or any determination is provided for in the last paragraph of Section 3.3IV, such determination may be challenged in good faith by the HolderRequired Holders, and any dispute shall be resolved by an Independent Investment Banking Firm any investment banking or valuation firm of recognized national standing selected by the Company and reasonably acceptable to the Holder. The expenses Required Holders using the dispute resolution mechanism established herein under the definition of any challenge made by the Holder hereunder shall be borne by the Company only if challenge is successful, otherwise such expenses shall be borne by the Holder"Current Market Price."