Common use of Contest and Appraisal Rights Clause in Contracts

Contest and Appraisal Rights. Upon each determination of Fair Market Value for an adjustment pursuant to Article IV (other than a determination relating solely to setting the value of fractional shares), the Company shall promptly give notice thereof to all Warrantholders, setting forth in reasonable detail the calculation of such Fair Market Value and the method and basis of determination thereof, as the case may be. If the Requisite Holders shall disagree with such determination and shall, by notice to the Company given within 15 days after the Company's notice of such determination, elect to dispute such determination, such dispute shall be resolved in accordance with this Section 3.1. In the event that a determination of Market Price, or a determination of Fair Market Value solely involving Market Price, is disputed, such dispute shall be submitted to a New York Stock Exchange member firm selected by the Company and acceptable to the Warrantholders, whose determination of Fair Market Value and/or Market Price, as the case may be, shall be binding on the Company and the Warrantholders. The costs of such submission shall be borne by the Warrantholders electing to dispute the Company's determination, except that if such firm's determination of Fair Market Value and/or Market Price is disparate by 10% or more to the benefit of the Warrantholders from the Company's original determination, the costs of conducting such submission shall be borne by the Company. In the event that a determination of Fair Market Value, other than a determination solely involving Market Price, is disputed, such dispute shall be resolved through the Appraisal Procedure.

Contest and Appraisal Rights. Upon each determination of Fair Market Value for an adjustment pursuant to Article IV hereunder (other than a determination relating solely to setting the value of fractional shares), the Company shall promptly give notice thereof to all Warrantholders, setting forth in reasonable detail the calculation of such Fair Market Value and the method and basis of determination thereof, as the case may be. If the Requisite Holders shall disagree in good faith with such determination and shall, by notice to the Company given within 15 30 days after the Company's notice of such determination, elect in good faith to dispute such determination, such dispute shall be resolved in accordance with this Section 3.1. In the event that a determination of Market Price, or a determination of Fair Market Value solely involving Market Price, is disputed, such dispute shall be submitted to a New York Stock Exchange member firm selected by the Company and reasonably acceptable to the WarrantholdersRequisite Holders, whose determination of Fair Market Value and/or Market Price, as the case may be, shall be binding on the Company and the Warrantholders. The costs cost of such submission determination shall be borne by shared equally between the Company on the one hand and the Warrantholders electing to dispute on the Company's determination, except that if such firm's determination of Fair Market Value and/or Market Price is disparate by 10% or more to the benefit of the Warrantholders from the Company's original determination, the costs of conducting such submission shall be borne by the Companyother hand. In the event that a determination of Fair Market Value, other than a determination solely involving Market Price, is disputed, such dispute shall be resolved through the Appraisal Procedure.