Initial Selection of Appraisers; Appraiser’s Agreement as to Value. After having failed to reach a written agreement upon Fair Market Value as described in the second paragraph of this Exhibit, either party may deliver a notice to the other demanding the appointment of appraisers (the “First Appraisal Notice”) pursuant to this Exhibit. In such event:
Appears in 6 contracts
Samples: Purchase Agreement (NetApp, Inc.), Purchase Agreement (NetApp, Inc.), Purchase Agreement (Network Appliance Inc)
Initial Selection of Appraisers; Appraiser’s Agreement as to Value. After having failed to reach a written agreement upon Fair Market Value as described in the second paragraph of this Exhibit, either party may deliver a notice to the other demanding the appointment of appraisers (the “First Initial Appraisal Notice”) pursuant to this Exhibit. In such event:
Appears in 3 contracts
Samples: Agreement Regarding Purchase and Remarketing Options (Lam Research Corp), Agreement Regarding Purchase and Remarketing (Lam Research Corp), Agreement Regarding Purchase and Remarketing Options (Lam Research Corp)