Shares not for Cash. In the case of the issue, grant or offer of Common Shares for a consideration in whole or in part other than cash: (A) the Aggregate Consideration shall be the amount of such cash (if any) plus the consideration other than cash, which shall be deemed to be the Fair Market Value thereof or, if pursuant to applicable law such determination is to be made by application to a court of competent jurisdiction, the value thereof as determined by such court or an appraiser appointed by such court, irrespective of the accounting treatment thereof; and (B) the Number of Common Shares shall be the number of Common Shares so issued, granted or offered.
Appears in 6 contracts
Samples: Warrant Agreement (Glencore International PLC), Warrant Agreement (Glencore Holding Ag), Warrant Agreement (Glencore Holding Ag)
Shares not for Cash. In the case of the issue, grant or offer of Common Shares for a consideration in whole or in part other than cash:
(Ai) the Aggregate Consideration shall be the amount of such cash (if any) plus the consideration other than cash, which shall be deemed to be the Fair Market Value thereof or, if pursuant to applicable law such determination is to be made by application to a court of competent jurisdiction, the value thereof as determined by such court or an appraiser appointed by such court, irrespective of the accounting treatment thereof; and
(Bii) the Number of Common Shares shall be the number of Common Shares so issued, granted or offered.
Appears in 4 contracts
Samples: Indenture (BMB Munai Inc), Indenture (BMB Munai Inc), Trust Deed (BMB Munai Inc)
Shares not for Cash. In the case of the issue, grant or offer of Common Shares for a consideration in whole or in part other than cash:
(Ai) the Aggregate Consideration shall be the amount of such cash (if any) plus the consideration other than cash, which shall be deemed to be the Fair Market Value thereof or, if pursuant to applicable law Law such determination is to be made by application to a court of competent jurisdiction, the value thereof as determined by such court or an appraiser appointed by such court, irrespective of the accounting treatment thereof; and
(Bii) the Number of Common Shares shall be the number of Common Shares so issued, granted or offered.
Appears in 1 contract
Samples: Subscription Agreement
