Review and Approval of NOI Calculation. The NOI Calculation shall be performed by FMP's accounting staff and shall be reviewed by FMP's outside directors (in consultation with FMP's independent accountants) whose review with such consultation shall be deemed final and binding absent manifest error and fraud.
Appears in 2 contracts
Samples: Redemption Agreement (Feldman Mall Properties, Inc.), Recapitalization Agreement (Feldman Mall Properties, Inc.)
Review and Approval of NOI Calculation. The NOI Calculation shall be performed by FMP's accounting staff and shall be reviewed by FMP's outside directors (in consultation with FMP's independent accountants) accountants whose review with such consultation shall be deemed final and binding absent manifest error and fraud.
Appears in 2 contracts
Samples: Redemption Agreement (Feldman Mall Properties, Inc.), Recapitalization Agreement (Feldman Mall Properties, Inc.)