Common use of Selection of Independent Investment Bank Clause in Contracts

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities is to be received in respect of the Common Stock as described in Section 6.2 of the Contracts or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the Contracts, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the Contracts, and to deliver to the Sellers notice pursuant to Section 8.1 of the Contracts identifying the firm proposed to be selected and retained, and to consult with the Sellers on such selection and retention as provided in such Section 8.1;

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities is to be received in respect of the Common Stock as described in Section 6.2 of the Contracts Contract or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the ContractsContract, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the ContractsContract, and to deliver to the Sellers Seller notice pursuant to Section 8.1 of the Contracts Contract identifying the firm proposed to be selected and retained, and to consult with the Sellers Seller on such selection and retention as provided in such Section 8.1;

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities Common Stock is to be received in respect of the Common Stock as described in Section 6.2 of the Contracts each Contract or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the Contractseach Contract, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the Contractseach Contract, and to deliver to the Sellers each Seller notice pursuant to Section 8.1 of the Contracts each Contract identifying the firm proposed to be selected and retained, and to consult with the Sellers on such selection and retention as provided in such Section 8.1;each Seller on

Selection of Independent Investment Bank. Upon receipt of notice of (i) the occurrence of a Reorganization Event in which property other than cash or Marketable Securities is to be received in respect of the Common Stock as described in Section 6.2 of the Contracts or (ii) an Excess Purchase Payment in which the Company has paid or will pay consideration other than cash as described in Section 6.1(d) of the Contracts, to select and retain a nationally recognized investment banking firm to determine the market value of such property as provided in the Contracts, and to deliver to the Sellers notice pursuant to Section 8.1 of the Contracts identifying the firm proposed to be selected and retained, and to consult with obtain the consent of the Sellers on to such selection and retention as provided in such Section 8.1;