Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 7 contracts
Samples: Loan and Security Agreement (Imprivata Inc), Merger Agreement (Mascoma Corp), Warrant Agreement (Mascoma Corp)
Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 3 shall be payable paid in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 2 contracts
Samples: Merger Agreement (FMC Corp), Merger Agreement (Advanced Machine Vision Corp)
Distributions Other Than Cash. Whenever the distribution distributions ----------------------------- provided for in this Section 2 1 shall be payable in property other than cash, the value of such distribution distributions shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc), Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc)
Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 1 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 2 contracts
Samples: Series E Preferred Stock Purchase Agreement (Higher One Holdings, Inc.), Stock Purchase Agreement (Stockgroup Information Systems Inc)
Distributions Other Than Cash. Whenever the distribution provided ----------------------------- for in this Section 2 1 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc), Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc)
Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the CorporationDirectors.
Appears in 2 contracts
Samples: Subordinated Convertible Note Purchase Agreement (Mascoma Corp), Share Purchase Agreement (Mascoma Corp)
Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 subsection 2.2.1.2 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the CorporationDirectors.
Appears in 1 contract
Distributions Other Than Cash. Whenever the distribution provided for in this Section 2 3 shall be payable in property other than cash, the value of such distribution shall be the fair market value of such property as determined in good faith by the Board of Directors of the Corporation.
Appears in 1 contract
