Cash and Property definition

Cash and Property. Such consideration shall: (A) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Corporation excluding amounts paid or payable for accrued interest or accrued dividends; (B) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of such issue, as determined in good faith by the Board; and (C) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Corporation for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Board of Directors.
Cash and Property. Such consideration shall: ----------------- insofar as it consists of cash, be computed at the aggregate of cash received by the Company; insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board; and in the event Additional Shares of Common Stock are issued or deemed to be issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (I) and (II) above, as determined in good faith by the Board.
Cash and Property. Such consideration shall be computed as follows: (A) insofar as it consists of cash, such consideration shall be computed at the aggregate amount of cash received by the Corporation; (B) insofar as it consists of property other than cash, such consideration shall be computed at the fair market value thereof at the time of such issue, as determined by the Board of Directors in the good faith exercise of its reasonable business judgment; and (C) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Corporation for consideration which covers both, such consideration shall be the proportion of such consideration so received, computed as provided in CLAUSES (A) and (B) above, as determined by the Board of Directors in the good faith exercise of its reasonable business judgment.

Examples of Cash and Property in a sentence

  • Separate Tax Distribution Amounts shall be computed with respect to each Investment, and, to the extent practicable, the required distribution of the Tax Distribution Amount attributable to a particular Investment for a particular period shall be satisfied by a distribution of Distributable Cash and Property attributable to such Investment.

  • To the extent that the required distribution of the Tax Distribution Amount attributable to a particular Investment is satisfied by a distribution of Distributable Cash and Property attributable to another Investment, rules similar to those set forth in clause (ii) of the definition of "Distributable Cash and Property" shall apply.

  • To the extent that the required distribution of the Tax Distribution Amount attributable to a particular Investment is satisfied by a distribution of Distributable Cash and Property attributable to another Investment, rules similar to those set forth in the parenthetical in clause (i) and clause (ii) of the definition of "Distributable Cash and Property" shall apply.

  • With regard to Distributable Cash and Property, the General Partner shall make a determination, in accordance with his duty of care and loyalty to the Partnership, as to the need for the Property in the operation of the Partnership business, considering both current needs for operating capital, prudent reserves for future operating capital, current investment opportunities, and prudent reserves for future investment opportunities, all in keeping with the Partnership Purposes.

  • For purposes of this Section (e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows: Cash and Property.

  • For purposes of this Section 6, the consideration received by the Company for the issue of any Additional Common Shares shall be computed as follows: Cash and Property.