Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 5 contracts
Samples: 2010 Stock Incentive Plan (Nexx Systems Inc), Notice and Restricted Stock Purchase Agreement (Quest Software Inc), Stock Option Agreement (Smelick Robert)
Price for Involuntary Transfer. With respect to any stock to be ------------------------------ transferred pursuant to Section 3(b)(i3(c)(i), the price per Share shall be a price set by the Board Company's board of Directors of the Company directors that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board Company's board of Directors of the Companydirectors, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc)
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 4 contracts
Samples: Stock Option Plan (Verisign Inc/Ca), Restricted Stock Purchase Agreement (Peregrine Systems Inc), Stock Option Plan (Media Metrix Inc)
Price for Involuntary Transfer. With respect to any stock ------------------------------ to be transferred pursuant to Section 3(b)(i3(c)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 3 contracts
Samples: Restricted Stock Purchase Agreement (Tenfold Corp /Ut), Common Stock Purchase Agreement (Replaytv Inc), Common Stock Purchase Agreement (Replaytv Inc)
Price for Involuntary Transfer. With respect to any stock ------------------------------ to be transferred pursuant to Section 3(b)(i3(c)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 3 contracts
Samples: Restricted Stock Purchase Agreement (Drugstore Com Inc), Common Stock Purchase Agreement (Preview Systems Inc), Common Stock Purchase Agreement (Preview Systems Inc)
Price for Involuntary Transfer. With respect to any stock ------------------------------ to be transferred pursuant to Section 3(b)(i3(c)(i), the price per Share shall be a price set by the Board Company's board of Directors of the Company directors that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board Company's board of Directors of the Companydirectors, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc)
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i3(c)(i), the price Fair Market Value per Share shall be a price set by the Board of Directors of the Company that will reflect the current value in good faith using a reasonable valuation method in a reasonable manner in accordance with Section 409A of the stock in terms of present earnings and future prospects of the CompanyCode. The Company shall notify Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 2 contracts
Samples: Notice and Restricted Stock Purchase Agreement (Neothetics, Inc.), Notice and Restricted Stock Purchase Agreement (Neothetics, Inc.)
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i), the price Fair Market Value per Share shall be a price set by the Board of Directors of the Company that will reflect the current value in good faith using a reasonable valuation method in a reasonable manner in accordance with Section 409A of the stock in terms of present earnings and future prospects of the CompanyCode. The Company shall notify Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 2 contracts
Samples: Notice and Restricted Stock Purchase Agreement (Neothetics, Inc.), Notice and Restricted Stock Purchase Agreement (Neothetics, Inc.)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(b)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 1 contract
Price for Involuntary Transfer. With respect to any stock ------------------------------ Shares which have been released from the Repurchase Option to be transferred pursuant to Section 3(b)(i1(c)(i), the price fair market value per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser the Shareholder or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser Shareholder does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser Shareholder shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser Shareholder and whose fees shall be borne equally by the Company and the PurchaserShareholder.
Appears in 1 contract
Samples: Stock Restriction Agreement (Moai Technologies Inc)
Price for Involuntary Transfer. With respect to any stock ------------------------------ to be transferred pursuant to Section 3(b)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 1 contract
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i3(c)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser Grantee or his or her executor of the price so determined within 30 days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser Grantee does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser Grantee shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser Grantee and whose fees shall be borne equally by the Company and the PurchaserGrantee.
Appears in 1 contract
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i3(c)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser Wxxxx or his or her executor of the price so determined within 30 days after receipt by it of written notice of the transfer or proposed transfer of Company Shares. However, if the Purchaser Wxxxx does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall Wxxxx shalt be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser Wxxxx and whose fees shall be borne equally by the Company and the PurchaserWxxxx.
Appears in 1 contract
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i3(c)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify notify’ Purchaser or his or her executor of the price so determined within 30 days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 1 contract
Samples: Agreement (Nexx Systems Inc)
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i3(c)(i), the price per Share shall be a price set by the Board board of Directors directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify the Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However; provided, however, if the Purchaser does not agree with the valuation as determined by the Board board of Directors directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 1 contract
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i8(c)(i), the price per Share shall be a price set determined by the Board of Directors of the Company that in good faith and will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board of Directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 1 contract
Samples: Liberate Technologies
Price for Involuntary Transfer. With respect to any stock to be transferred pursuant to Section 3(b)(i), the price per Share shall be a price set by the Board of Directors of the Company that will reflect the current value of the stock in terms of present earnings and future prospects of the Company. The Company shall notify Purchaser or his or her executor of the price so determined within 30 thirty (30) days after receipt by it of written notice of the transfer or proposed transfer of Shares. However, if the Purchaser does not agree with the valuation as determined by the Board board of Directors directors of the Company, the Purchaser shall be entitled to have the valuation determined by an independent appraiser to be mutually agreed upon by the Company and the Purchaser and whose fees shall be borne equally by the Company and the Purchaser.
Appears in 1 contract
Samples: Notice and Restricted Stock Purchase Agreement (Alpine Immune Sciences, Inc.)