Common use of Contest and Appraisal Rights Clause in Contracts

Contest and Appraisal Rights. (a) If the holders of Warrants entitling such holders to purchase a majority of the Non-Voting Common Stock subject to purchase upon exercise of Warrants at the time outstanding (exclusive of Warrants then owned by the Company or any Subsidiary (as defined in the Credit Agreement) or Affiliate (as defined in the Credit Agreement) thereof (the "REQUIRED INTEREST") disagree with the Company Determination and by notice to the Company given within 30 days after receipt of notice of the Company Determination (an "APPRAISAL NOTICE") elects to dispute the Company Determination, such dispute shall be resolved as set forth in subsection (b) of this Section.

Contest and Appraisal Rights. (a) If the holders of Warrants entitling such holders to purchase a majority of the Non-Voting Common Stock subject to purchase upon exercise of Warrants at the time outstanding (exclusive of Warrants then owned by the Company or any Subsidiary (as defined in the Credit Agreement) or Affiliate (as defined in the Credit Agreement) thereof thereof) (the "REQUIRED INTEREST") shall disagree with the Company Determination and shall by notice to the Company given within 30 days after receipt of the Company's notice of the Company Determination (an "APPRAISAL NOTICE") elects elect to dispute the Company Determination, such dispute shall be resolved as set forth in subsection (b) of this Section.