Common use of Resolution of Conflicts and Arbitration Clause in Contracts

Resolution of Conflicts and Arbitration. (a) In case the Stockholders' Agent shall so object in writing to any claim or claims by the Buyer made in any Officer's Certificate, the Buyer shall have forty-five (45) days to respond in a written statement to the objection of the Stockholders' Agent. If after such forty-five (45) day period there remains a dispute as to any claims, the Stockholders' Agent and the Buyer shall attempt in good faith for sixty (60) days to agree upon the rights of the respective parties with respect to each of such claims. If the Stockholders' Agent and the Buyer should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute Buyer Common Stock or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Smaha Stephen E), Agreement and Plan of Merger (Trusted Information Systems Inc)

AutoNDA by SimpleDocs

Resolution of Conflicts and Arbitration. (a) In case the Stockholders' Agent shall so object in writing to any claim or claims by the Buyer Parent made in any Officer's ’s Certificate, the Buyer Parent shall have forty-five thirty (4530) days to respond in a written statement to the objection of the Stockholders' Agent. If after such forty-five thirty (4530) day period there remains a dispute as to any claims, the Stockholders' Agent and the Buyer Parent shall attempt in good faith for sixty (60) days to agree upon the rights of the respective parties with respect to each of such claims. If the Stockholders' Agent and the Buyer Parent should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute Buyer Common Stock or other the property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (MIGENIX Inc.)

Resolution of Conflicts and Arbitration. (a) In case the StockholdersShareholders' Agent shall so object in writing to any claim or claims by the Buyer Acquiror made in any Officer's Certificate, the Buyer Acquiror shall have forty-five thirty (4530) days to respond in a written statement to the objection of the StockholdersShareholders' Agent. If after such forty-five thirty (4530) day period there remains a dispute as to any claims, the StockholdersShareholders' Agent and the Buyer Acquiror shall attempt in good faith for sixty (60) days to agree upon the rights of the respective parties with respect to each of such claims. If the StockholdersShareholders' Agent and the Buyer Acquiror should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute Buyer the Acquiror Common Stock or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cybercash Inc)

Resolution of Conflicts and Arbitration. (a) In case the StockholdersShareholders' Agent shall so object in writing to any claim or claims by the Buyer Acquiror made in any Officer's Certificate, the Buyer Acquiror shall have forty-five (45) 30 days to respond in a written statement to the objection of the StockholdersShareholders' Agent. If after such forty-five (45) 30 day period there remains a dispute as to any claims, the StockholdersShareholders' Agent and the Buyer Acquiror shall attempt in good faith for sixty (60) 60 days to agree upon the rights of the respective parties with respect to each of such claimsclaims (the "Negotiation Period"). If the StockholdersShareholders' Agent and the Buyer Acquiror should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute Buyer the Acquiror Common Stock or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cybercash Inc)

AutoNDA by SimpleDocs

Resolution of Conflicts and Arbitration. (a) In case the Stockholders' Agent shall so object in writing to any claim or claims by the Buyer made in any Officer's Certificate, the Buyer shall have forty-five thirty (4530) days to respond in a written statement to the objection of the Stockholders' Agent. If after such forty-five thirty (4530) day period there remains a dispute as to any claims, the Stockholders' Agent and the Buyer shall attempt in good faith for sixty thirty (6030) days to agree upon the rights of the respective parties with respect to each of such claims. If the Stockholders' Agent and the Buyer should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Escrow Agent. The Escrow Agent shall be entitled to rely on any such memorandum and shall distribute Buyer Common Stock the Escrow Shares, Additional Shares or other property from the Escrow Fund in accordance with the terms thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fonix Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.