Company Determination. Any adjustments or other action pursuant to this Section 4 shall be made by the Company, and the Company’s determination as to what adjustments shall be made or actions taken, and the extent thereof, shall be final and binding.
Company Determination. At least five (5) days prior to each date on which the Company issues a press release announcing its financial and operational results for the period then ended (the “earnings release”) during the Participation Term, the Company shall provide an update to the Sponsor Holders as to market activity in the Class A Common Stock and shall notify each Sponsor Holder as to whether the Company intends to organize an offering among the Sponsor Holders to sell all or any portion of their Registrable Securities in an Underwritten Offering, Block Trade, a block trade pursuant to Rule 144 or Other Coordinated Offering during the open trading window following such earnings release (each such organized offering, an “Organized Offering”).
Company Determination. Any determination that the Company or its Board of Directors must make pursuant to this Agreement shall be made in good faith and shall be binding on the Warrant holder, except as set forth herein. The Company shall give the holder of the Warrant written notice of any such determination by the Company or its Board of Directors.
Company Determination. The Company shall notify each Sponsor Holder any time it decides to organize an offering among the Sponsor Holders to sell all or any portion of their Registrable Securities in an Underwritten Offering, Block Trade, a block trade pursuant to Rule 144 or Other Coordinated Offering during the Participation Term (each such organized offering, an “Organized Offering”).
Company Determination. The Company will determine whether a Director has incurred a Separation from Service: (i) based on the facts and circumstances; (ii) subject to the provisions of this Section 1.30; and (iii) without application of the “same desk rule” under Rev. 79-336 and Rev. Rul. 80-229. The Company will determine whether an Employee, or Director has incurred a Separation from Service in accordance with Treas. Reg. §1.409A-1(h) and Applicable Guidance.
Company Determination. If the Company shall determine to register any of its equity securities either for its own account or for the account of a security holder or holders exercising their respective demand registration rights, other than a registration relating solely to employee benefit plans, or a registration relating solely to a Commission Rule 145 transaction in which no stockholders who were not affiliates of a party to the Rule 145 transaction are included, or a registration on any registration form which does not permit secondary sales or does not include substantially the same information (other than with respect to selling shareholders and their plan of distribution) as would be required to be included in a registration statement covering the sale of Registrable Securities, the Company will:
Company Determination. On the Business Day immediately prior to the Closing Date, the Company’s Chief Financial Officer shall deliver to Parent a certificate setting forth:
