Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (c), (d), (e), (f), (g), (h) or (i) hereof is conclusive.
Appears in 16 contracts
Samples: Warrant Agreement (Atlantic Paratrans of Arizona, Inc.), Warrant Agreement (Decrane Holdings Co), Warrant Agreement (Grande Communications Holdings, Inc.)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (c), (d), (e), (f), (g), (hb) or (ic) hereof is conclusive.
Appears in 2 contracts
Samples: Warrant Agreement (Osullivan Industries Holdings Inc), Class B Warrant Agreement (Osullivan Industries Holdings Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(asubsection (a), (c), (d), (e), (f), (g), (h) or (if) hereof of this Section 10 is conclusive.
Appears in 2 contracts
Samples: Recapitalization Agreement (Global Crossing LTD), Recapitalization Agreement (Singapore Technologies Telemedia Pte LTD)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(asubsection (a), (b), (c), (d), (e), (f), (g), (h) or (i) hereof of this Section 10 which is conclusivemade in good faith shall be conclusive absent manifest error.
Appears in 2 contracts
Samples: Warrant Agreement (Oci Holdings Inc), Warrant Agreement (Concentra Operating Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a11(a), (c), (d), (e), (f), (g), (h) or (i) hereof is conclusive.
Appears in 2 contracts
Samples: Warrant Agreement (Quaker Holding Co), Warrant Agreement (Insilco Holding Co)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(asubsection (a), (b), (c), (d), (e), (f), (g), (h) or (ie) hereof of this Section 6 is conclusiveconclusive if made reasonably and in good faith.
Appears in 2 contracts
Samples: Warrant Agreement (American Pulp Exchange Inc), Warrant Agreement (American Pulp Exchange Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (b), (c), (d), (e), (f), (g), or (h) or (i) hereof hereof, if made in good faith, is conclusive.
Appears in 2 contracts
Samples: Warrant Agreement (Xinyuan Real Estate Co LTD), Warrant Agreement (Hi-Tech Wealth Inc.)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (b), (c), (d), (e), (f), (g), (h) or (i) hereof is conclusive.
Appears in 2 contracts
Samples: Warrant Agreement (Mikohn Gaming Corp), Warrant Agreement (Harbin Electric, Inc)
Company Determination Final. Any determination that the Company or the Board of Directors or a successor to the Company or its Board of Directors must make pursuant to Section 8(a), (b), (c), (d), (e), (f), (g), (h), (i) or (ik) hereof is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(asubsection (a), (c), (d), (e), (f), (g), (h) or (i) hereof of this Section 8 is conclusive.
Appears in 1 contract
Samples: Warrant Agreement (Interpool Inc)
Company Determination Final. Any determination that the The Company or the Board of Directors must shall make any determination pursuant to Section 8(a), (b), (c), (d), (e), (f), (g), ) or (h) or (i) hereof is in good faith. Notwithstanding the foregoing, if the holders of more than 25% of the Warrants object to any such determination, the Company shall appoint an Independent Financial Advisor to make such determination, which if made in good faith shall be conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a17(a), (b), (c), (d), (e), (f), (g), (h) or (i) hereof is conclusive.
Appears in 1 contract
Samples: Warrant Agreement (R&b Falcon Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a9(a), (b), (c), (d), (e), (f), (g), (h) or (i) hereof is conclusive.
Appears in 1 contract
Samples: Mikohn Gaming Corp
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(asubsection (a), (c), (d), (e), (f), (g), (h) or (ij) hereof of this Section 5 is conclusiveconclusive if made reasonably and in good faith.
Appears in 1 contract
Samples: Exchange Agreement and Plan of Reorganization (Vitesse Semiconductor Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a11(a), (c), (d), (e), (f), (g), (h) or (i) hereof is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (b), (c), (d), (e), (f), (g), (h) or (if) hereof is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (c), (d), (e), (f), (g), (h) or (i) and any other Section hereof is conclusive.conclusive for all purposes and the Warrant Agent may assume that the Board of Directors acted in good faith..
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (c), (d), (e), (f1), (g), (h) or (i) hereof is conclusive.
Appears in 1 contract
Samples: Warrant Agreement (Merrill Corp)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a11(a), (b), (c), (d), (e), (f), (g), (h) or (i) hereof is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a9(a), (b), (c), (d), (e), (f), or (g), (h) or (i) hereof is conclusive.
Appears in 1 contract
Samples: Warrant Agreement (TMM Holdings)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (c), (d), (e), (f), (g), (h) or (i) hereof is conclusiveconclusive and non-appealable.
Appears in 1 contract
Company Determination Final. Any determination that the The Company or the Board of Directors must shall make any determination pursuant to Section 8(aSections 7(a), (c(b), (d(c), (e(d), (f(e), (g(f), (h(g) or (i(h) hereof is in good faith. Notwithstanding the foregoing, if the holders of more than 25% of the Warrants object to any such determination, the Company shall appoint an Independent Financial Advisor to make such determination, which if made in good faith shall be conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(aSECTION 8(A), (cC), (dD), (eE), (fF), (gG), (hH) or (iI) hereof is conclusiveconclusive and non-appealable.
Appears in 1 contract
Company Determination Final. Any determination that the Company Holdings or the Board of Directors must make pursuant to Section 8(asubsection (a), (b), (c), (d), (e), (f), (g), (h) or (if) hereof of this Section 4 is conclusive.
Appears in 1 contract
Samples: Registration and Anti Dilution Agreement (Wilson Greatbatch Technologies Inc)
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a), (b), (c), (d), (e), (f), (g), (h), (i) or (ij) hereof is conclusive.
Appears in 1 contract
Company Determination Final. Any determination that the Company or the Board of Directors must make pursuant to Section 8(a1l(a), (c), (d), (e), (f), (g), (h) or (ir) hereof is conclusive.
Appears in 1 contract
Samples: Warrant Agreement (Interamericas Communications Corp)
