Company Determination Final. Notwithstanding anything to the contrary herein, whenever the Board of Directors is permitted or required to determine Market Value or fair market value, such determination shall be made in good faith and, absent manifest error, shall be final and binding on the Holders and the Warrant Agent.
Appears in 11 contracts
Samples: Warrant Agreement (APA Corp), Warrant Agreement (J.Jill, Inc.), Warrant Agreement (J.Jill, Inc.)
Company Determination Final. Notwithstanding anything to the contrary herein, whenever the Board of Directors is permitted or required to determine Market Value or fair market value, such determination shall be made in good faith and, absent manifest error, shall be final and binding on the Holders and the Warrant Agentfaith.
Appears in 3 contracts
Samples: Purchase Agreement (Targa Resources Corp.), Series a Preferred Stock Purchase Agreement (Targa Resources Corp.), Warrant Agreement (Targa Resources Corp.)
Company Determination Final. Notwithstanding anything to the contrary herein, whenever the Company’s or Parent’s Board of Directors is permitted or required to determine Market Value or fair market value, such determination shall be made reasonably and in good faith and, absent manifest error, shall be final and binding on the Holders and the Warrant Agent.
Appears in 1 contract
Samples: Warrant Agreement (Transocean Ltd.)
Company Determination Final. Notwithstanding anything to the contrary herein, whenever the Board of Directors is permitted or required to determine Market Value or fair market value, such determination shall be made reasonably and in good faith and, absent manifest error, shall be final and binding on the Holders and the Warrant Agent.
Appears in 1 contract
