The Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to this Section 12 is (absent manifest error) conclusive if such determination is made in good faith.
Appears in 2 contracts
Samples: Warrant Agreement (NTL Inc), Warrant Agreement (RCN Corp /De/)
The Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to this Section 12 is (absent manifest error) conclusive if such determination is made in good faith.
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The Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to this Section 12 ARTICLE IV is (absent manifest error) conclusive if such determination is made in good faith.
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Samples: Common Stock Warrant Agreement (Hawaiian Telcom Holdco, Inc.)
The Company Determination Final. Any Except with regard to the selection of an Investment Bank, which must be reasonably acceptable to the holders of a majority of the outstanding Warrants, any determination that the Company or the Board of Directors of the Company must make pursuant to this Section 12 13 is (absent manifest error) conclusive if such determination is made in good faith.
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The Company Determination Final. Any determination that the Company or the Board of Directors of the Company must make pursuant to this Section 12 is (absent manifest error) conclusive if such determination is made in good faith.
Appears in 1 contract
Samples: Warrant Agreement (Calpine Corp)