Form of Consideration. Whenever the distribution provided for in this Section 4 shall be payable in property other than cash, the value of such distribution shall be the Fair Market Value of such property.
Appears in 6 contracts
Samples: Merger Agreement (Genaissance Pharmaceuticals Inc), Agreement and Plan of Merger (Genaissance Pharmaceuticals Inc), Merger Agreement (Genaissance Pharmaceuticals Inc)
Form of Consideration. Whenever the distribution provided for in this Section 4 shall be payable in property a form other than securities or cash, the value of such distribution shall be the Fair Market Value fair market value as determined in good faith by the Board, including a majority of such propertythe Investor Directors.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Xstream Systems Inc)
