Company Determinations Sample Clauses
Company Determinations. All determinations hereunder by the Company to exercise any of its rights and obligations shall be made by the Board, exclusive of the Shareholder who owns, controls or holds the Shares at issue and his Affiliates.
Company Determinations. Any determinations, actions or decisions of the Company (including, but not limited to, Plan amendments and Plan termination) shall be made by the board of directors of the Company in accordance with its established procedures or by such other individuals, groups or organizations that have been properly delegated by the board of directors to make such determination or decision.
Company Determinations. Any determination, selection or adjustment to the Strike Price or the number of Shares to be issued upon exercise of the Warrant to be made by the Company hereunder shall be made by majority of the disinterested directors of the Board of Directors of the Company.
Company Determinations. 50 6.3 Permitted Opportunity.......................................................................... 50 6.4 Exceptions..................................................................................... 50 6.5 Affiliates of FPSH............................................................................. 50 ARTICLE VII MISCELLANEOUS....................................................................................... 51 7.1 Term........................................................................................... 51 7.2 No Voting or Conflicting Agreements............................................................ 51 7.3 Ownership Interests in Certain Persons......................................................... 52 7.4 Specific Performance........................................................................... 52 7.5 Notices........................................................................................ 52 7.6 Representative Capacity........................................................................ 52 7.7 Successors and Assigns......................................................................... 53 7.8 Recapitalizations and Exchanges Affecting Common Stock......................................... 53
Company Determinations. Subject to Article V of this Agreement, the determination by the Company as to whether to accept or decline any Business Investment Offer shall be made by a majority vote of the Board of Directors of the Company, provided, however, that if (a) the Business Investment Offer is rejected by a majority of the Board of Directors of the Company, (b) the directors nominated by the Person who makes or whose Affiliate makes the Business Investment Offer voted to reject the Business Investment Offer, and (c) the Business Investment Offer would not have been rejected but for the vote of the directors referred to in clause (b), then the Person or Affiliate making such Business Investment Offer shall not be permitted to acquire the assets or equity interests covered by the Business Investment Offer. Any determination regarding a Business Investment Offer shall be communicated to the offering Person in writing within 20 Business Days of receipt by the Company of the Business Investment Offer.
Company Determinations. No later than ten (10) Business Days prior to the applicable Closing Date (or the date on which a payment is to be made by Buyer to Sellers pursuant to Sections 1.2(d) or 1.3(d)), the Company shall, jointly with the Sellers, prepare and deliver to Buyer and Sellers its good-faith determination of the applicable Milestone(s) as of such date (each, a “Milestone Determination”), together with supporting documents used by the Company in relation thereto.
Company Determinations. Any determination that the Company or the Board of Directors must make pursuant to subsection (a), (c), (d), (e), (f), (g), (h) or (j) of this Section 6 may be challenged in good faith by Warrantholders (other than the Company and entities controlled by the Company) that hold HNS Warrants entitling them to purchase more than 50% of the shares of Common Stock issuable upon exercise of HNS Warrants held by all holders other than the Company and entities controlled by the Company (the "Consent Warrantholders") by providing the Company written notice of such challenge within ten (10) business days of the Company providing Warrantholders notice of such determination. Any such challenge shall be resolved by an investment banking firm selected by the Company and reasonably acceptable to the Consent Warrantholders, which resolution shall be conclusive and binding on the Company and the Warrantholders.
Company Determinations. 17 11.10 Construction.......................................17 11.11
Company Determinations. Subject to Section 6.04(c), the Company hereby consents to the inclusion in the Offer Documents of the recommendation of the Company Board described in Section 3.04(b).
Company Determinations. The Company reserves the right to reject any and all Warrant Exercise Notices not in proper form. Such determination by the Company shall be final and binding on the Holders, absent manifest error. Moreover, the Company reserves the absolute right to waive any of the conditions to the exercise of Warrants or defects in Warrant Exercise Notices with regard to any particular exercise of Warrants. Neither the Company nor the Warrant Agent shall be under any duty to give notice to Holders of any irregularities in any exercise of Warrants, nor shall it incur any liability for the failure to give such notice.