Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(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 5 contracts
Samples: Top Tier (Top Tier Software Inc), Common Stock Purchase Agreement (Avantgo Inc), Common Stock Purchase Agreement (Avantgo Inc)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(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 4 contracts
Samples: Restricted Stock Purchase Agreement (Simplex Solutions Inc), Restricted Stock Purchase Agreement (Pets Com Inc), Restricted Stock Purchase Agreement (Simplex Solutions Inc)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(c)(i3(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 4 contracts
Samples: Common Stock Purchase Agreement (Yumanity Therapeutics, Inc.), Common Stock Purchase Agreement (Yumanity Therapeutics, Inc.), License Agreement (Poniard Pharmaceuticals, Inc.)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(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 4 contracts
Samples: Stock Plan (Expensify, Inc.), Stock Option Agreement (Omeros Corp), Common Stock Purchase Agreement (E Piphany Inc)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(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 4 contracts
Samples: Common Stock Purchase Agreement (Egroups Inc), Common Stock Purchase Agreement (Egroups Inc), Notice and Restricted Stock Purchase Agreement (Cisco Systems Inc)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(c)(i4(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: Common Stock Purchase Agreement (Rosetta Inpharmatics Inc), Common Stock Purchase Agreement (Rosetta Inpharmatics Inc), Common Stock Purchase Agreement (Rosetta Inpharmatics Inc)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(c)(i3(d)(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 revenues, 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 (Niku Corp), Restricted Stock Purchase Agreement (Niku Corp), Restricted Stock Purchase Agreement (Niku Corp)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(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 of the Company, future prospects of the CompanyCompany and other factors deeded relevant by the Board of Directors. 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
Samples: Restricted Stock Purchase Agreement (Simplex Solutions Inc)
Price for Involuntary Transfer. With respect to any ------------------------------ stock to ------------------------------ be transferred pursuant to Section 3(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 1 contract
Samples: Restricted Stock Purchase Agreement (Drugstore Com Inc)
Price for Involuntary Transfer. With respect to any stock to ------------------------------ be transferred pursuant to Section 3(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, without any minority discount. 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