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: Agreement and Plan of Merger (Freeze Tag, Inc.), Acquisition and Share Exchange Agreement (Standard Drilling, Inc.), License Agreement (INverso Corp)

Appears in 5 contracts

Samples: Conversion Agreement (Geospatial Corp), Preferred Stock Purchase Agreement (Geospatial Corp), Subordinated Loan and Security Agreement (Handspring 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: Investors' Rights Agreement (Gric Communications Inc), Warrant Purchase Agreement (Gric Communications Inc)

Appears in 1 contract

Samples: Support Agreement (Witness Systems Inc)

Common use of Non-Cash Dividends Clause in Contracts