Non-Cash Dividends. Whenever a dividend or Distribution provided for in this Section 2 shall be payable in property other than cash (other than a Common Stock Dividend), the value of such dividend or Distribution shall be deemed to be the fair market value of such property as determined in good faith by the Board.
Appears in 8 contracts
Samples: Merger Agreement (Freeze Tag, Inc.), Acquisition and Share Exchange Agreement (Standard Drilling, Inc.), Patent License Agreement (INverso Corp)
Non-Cash Dividends. Whenever a dividend or Distribution provided for in this Section 2 shall be payable in property other than cash (other than a Common Stock Dividend)cash, the value of such dividend or Distribution shall be deemed to be the fair market value of such property as determined in good faith by the Board.
Appears in 5 contracts
Samples: Conversion Agreement (Geospatial Corp), Preferred Stock Purchase Agreement (Geospatial Corp), Agreement and Plan of Reorganization (Macromedia Inc)
Non-Cash Dividends. Whenever a dividend or Distribution provided for in this Section 2 shall be payable in property other than cash (other than a Common Stock Dividend)cash, the value of such dividend or Distribution shall be deemed to be the fair market value of such property as determined in good faith by the Board, provided that dividends payable in securities (other than Common Stock Dividends and dividends declared and paid on the Series A Preferred Stock that are payable in shares of Series A Preferred Stock) shall be valued in the manner set forth in Section 3.4(a) and (b) hereof.
Appears in 2 contracts
Samples: Series a Preferred Stock and Warrant Purchase Agreement (Gric Communications Inc), Series a Preferred Stock and Warrant Purchase Agreement (Gric Communications Inc)
Non-Cash Dividends. Whenever a dividend or Distribution provided for in this Section 2 6 shall be payable in property other than cash (other than a Common Stock Dividend)cash, the value of such dividend or Distribution shall be deemed to be the fair market value of such property as determined in good faith by the Board.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Skyway Communications Holding Corp), Merger Agreement (Skyway Communications Holding Corp)
Non-Cash Dividends. Whenever a dividend or Distribution provided for in this Section 2 shall be payable in property other than cash (other than a Common Stock Dividend)cash, the value of such dividend or Distribution shall be deemed to be the fair market value of such property as determined in good faith by the Board.
Appears in 1 contract
