Consideration Other Than Cash. In the case of the issuance of Common Stock (otherwise than upon the conversion of shares of capital stock or other securities of the Company) for a consideration in whole or in part other than cash, including securities acquired in exchange therefor (other than securities by their terms so exchangeable), the consideration other than cash shall be deemed to be the fair value thereof as determined by the Board of Directors in good faith, irrespective of any accounting treatment.
Appears in 3 contracts
Samples: Warrant Agreement (Bombaywala Ghulam M), Warrant Agreement (Bombaywala Ghulam M), Purchase Agreement (Watermarc Food Management Co)
Consideration Other Than Cash. In the case of the issuance of Common Stock (otherwise than upon the conversion of shares of capital stock or other securities of the Company) for a consideration in whole or in part other than cash, including securities acquired in exchange therefor therefore (other than securities by their terms so exchangeable), the consideration other than cash shall be deemed to be the fair value thereof as reasonably determined by the Board of Directors in good faithof the Company (the "Board of Directors"), irrespective of any accounting treatment.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Holiday Rv Superstores Inc), Securities Purchase Agreement (Holiday Rv Superstores Inc), Securities Purchase Agreement (Holiday Rv Superstores Inc)
Consideration Other Than Cash. In the case of the issuance of Common Stock (otherwise than upon the conversion of shares of capital stock Capital Stock or other securities of the Company) for a consideration in whole or in part other than cash, including securities acquired in exchange therefor (other than securities by their terms so exchangeable), the consideration other than cash shall be deemed to be the fair value thereof as determined by the Board of Directors in good faithFair Market Value thereof, irrespective of any accounting treatment.
Appears in 2 contracts
Samples: Restructuring Agreement (TPG Advisors Ii Inc), Restructuring Agreement (Cypress Group LLC)
Consideration Other Than Cash. In the case of the issuance of Common Stock (otherwise than upon the conversion of shares of capital stock Capital Stock or other securities of the Company) for a consideration in whole or in part other than cash, including securities acquired in exchange therefor (other than securities by their terms so exchangeable), the consideration other than cash shall be deemed to be the fair value thereof as reasonably determined by the Board of Directors in good faithDirectors, irrespective of any accounting treatment.
Appears in 1 contract
Samples: Secured Promissory Note (Holiday Rv Superstores Inc)
Consideration Other Than Cash. In the case of the issuance of shares of any class of Common Stock (otherwise than upon the conversion of shares of capital stock or other securities Capital Stock of the Company) for a consideration in whole or in part other than cash, including securities acquired in exchange therefor (other than securities by their terms so exchangeable), the consideration other than cash shall be deemed to be the fair value thereof as determined by the Board of Directors in good faithFair Market Value thereof, irrespective of any accounting treatment.
Appears in 1 contract
Consideration Other Than Cash. In the case of the issuance of Common Stock (otherwise other than upon the conversion of shares of capital stock or other securities of the CompanyBorrower) for a consideration in whole or in part other than cash, including securities acquired in exchange therefor (other than securities by their terms so exchangeable), the consideration other than cash shall be deemed to be the fair value thereof as determined by the Board of Directors in good faithDirectors, irrespective of any accounting treatment.
Appears in 1 contract
Samples: Loan Agreement (Univec Inc)
Consideration Other Than Cash. In the case of the issuance of Non-Voting Common Stock (otherwise than upon the conversion of shares of capital stock Capital Stock or other securities of the Company) for a consideration in whole or in part other than cash, including securities acquired in exchange therefor (other than securities by their terms so exchangeable), the consideration other than cash shall be deemed to be the fair value thereof as determined by the Board of Directors in good faithFair Market Value thereof, irrespective of any accounting treatment.
Appears in 1 contract
