Non-Cash Distributions. Whenever a distribution provided for in this Section 2 shall be payable in property other than cash, the value of such distribution shall be deemed to be the fair market value of such property as determined in good faith by the Board of Directors.
Appears in 12 contracts
Samples: Master Closing Agreement, Loan and Security Agreement, Loan and Security Agreement (Fluidigm Corp)
Non-Cash Distributions. Whenever a distribution Distribution provided for in this Section 2 shall be payable in property other than cash, the value of such distribution Distribution shall be deemed to be the fair market value of such property as determined in good faith by the Board of Directors.
Appears in 8 contracts
Samples: Form 1 a/A, Unit Purchase Agreement (Vertex Energy Inc.), Asset Purchase Agreement (Lucas Energy, Inc.)
Non-Cash Distributions. Whenever a distribution Distribution provided for in this Section 2 shall be 7.2 is payable in property other than cash, the value of such distribution shall the Distribution will be deemed to be the fair market value Fair Market Value of such that property as determined in good faith by the Board of DirectorsManager.
Appears in 6 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement
Non-Cash Distributions. Whenever a distribution Distribution provided for in this Section 2 7.1 shall be payable in property other than cash, the value of such distribution Distribution shall be deemed to be the fair market value Fair Market Value of such property as determined in good faith by the Board of DirectorsManager.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement
Non-Cash Distributions. Whenever a distribution Distribution provided for in this Section 2 shall be 7.2 is payable in property other than cash, the value of such distribution shall the Distribution will be deemed to be the fair market value Fair Market Value of such that property as determined in good faith by the Board of Directors.Manager
Appears in 1 contract
Samples: Purchase Agreement
Non-Cash Distributions. Whenever a distribution Distribution provided for in this Section 2 7.1 shall be payable in property other than cash, the value of such distribution Distribution shall be deemed to be the fair market value Fair Market Value of such property as determined in good faith by the Board of Directors.Manager.
Appears in 1 contract
Non-Cash Distributions. Whenever a distribution provided for in this Section 2 3 shall be payable in property other than cash, the value of such distribution shall be deemed to be the fair market value of such property as determined in good faith by the Board of Directors.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Fluidigm Corp)
