Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional Shares, Options or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 9, of the consideration other than cash received by the Company for such securities.
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Samples: Warrant Agreement (Universal Tracking Solutions,Inc.), Warrant Agreement (Resolve Staffing Inc), Warrant Agreement (Resolve Staffing Inc)
Non-Cash Consideration. In case the event of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional SharesCommon Stock, Options or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company corporation in the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 95, of the consideration other than cash received by the Company corporation for such securities.
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Samples: Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc)
Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional SharesOwnership Interests, Options or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 910, of the consideration other than cash received by the Company for such securities.
Appears in 2 contracts
Samples: Warrant Agreement (Digital Lava Inc), Warrant Agreement (Digital Lava Inc)
Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional Shares, Options or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 9, value of the consideration other than cash received by the Company for such securities.
Appears in 2 contracts
Samples: Warrant Agreement (Kti Inc), Warrant Agreement (Kti Inc)
Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional Shares, Options or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 910, of the consideration other than cash received by the Company for such securities.
Appears in 1 contract
Samples: Warrant Agreement (Digital Lava Inc)
Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional SharesCommon Stock, Options options or Convertible Securities for a consideration other than cash or a consideration consideration, a part of which shall be other than cash, the fair value of such consideration as determined by the Board board of Directors (if any, otherwise by the Managers) directors of the Company in the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 9section, of the consideration other than cash received by the Company for such securities.
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Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional Shares, Options shares of Common Stock or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 9, 10 of the consideration other than cash received by the Company Corporation for such securities.
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Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional SharesCommon Stock, Options or Convertible Securities for a consideration other than cash or a consideration consideration, a part of which shall be other than cash, the fair market value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in the good faith exercise of its business judgmentconsideration, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 94.6.2(a)(2), of the consideration other than cash received by the Company for such securities.
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Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional Shares, Options or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in the good faith exercise of its business judgmentjudgment (in a duly authorized resolution certified by the secretary of the Company), irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 9, of the consideration other than cash received by the Company for such securities.
Appears in 1 contract
Samples: Warrant Agreement (Digital Lava Inc)
Non-Cash Consideration. In case of the issuance (otherwise other than upon conversion or exchange of outstanding Convertible Securities) or sale of additional SharesCommon Stock, Options or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in if the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 9Agreement, of the consideration other than cash received by the Company Corporation for such securities.
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Non-Cash Consideration. In case of the issuance (otherwise than upon conversion or exchange of Convertible Securities) or sale of additional SharesUnits, Options or Convertible Securities for a consideration other than cash or a consideration a part of which shall be other than cash, the fair value of such consideration as determined by the Board of Directors (if any, otherwise by the Managers) of the Company in the good faith exercise of its business judgment, irrespective of the accounting treatment thereof, shall be deemed to be the value, for purposes of this Section 910, of the consideration other than cash received by the Company for such securities.
Appears in 1 contract
Samples: Warrant Agreement (Digital Lava Inc)