Indemnification Shares. The parties agree that if it is determined that IFT is entitled to indemnification pursuant to Paragraph 11.4, then at the option of IFT's Board of Directors, TNCI shall compensate IFT by issuing to IFT shares of TNCI Common Stock. The number of shares to be issued pursuant to this paragraph (the "Indemnification Shares") shall be determined by dividing the dollar amount of TNCI's obligation for indemnification by the average of the closing prices of the TNCI Common Stock as reported on the principal trading market for TNCI Common Stock for the twenty (20) trading days immediately preceding the date that the notice of claim is given to TNCI. The parties agree that this measure of damages is equitable in light of the method of payment of the Purchase Price.
Appears in 4 contracts
Samples: Asset Purchase and Sale Agreement (Network Connection Inc), Asset Purchase and Sale Agreement (Network Connection Inc), Asset Purchase and Sale Agreement (Interactive Flight Technologies Inc)
