Common Expert definition

Common Expert means an independent investment bank of international repute or an independent law firm or accounting firm of international repute or an independent financial advisor with relevant expertise of international repute (an "Expert") selected and instructed by the Issuer and the Paying and Conversion Agent by mutual agreement. If the Issuer and the Paying and Conversion Agent do not mutually agree on an Expert within seven (7) calendar days from the beginning of the appointment process, each of the Issuer and the Paying and Conversion Agent shall select an Expert, whereby the so elected Experts shall select together a third Expert. In case the two selected Experts do not mutually agree on a third Expert within seven (7) calendar days after being appointed, each of them shall select another Expert, whereby a Swiss Notary Public appointed by the Paying and Conversion Agent will pick one of these two Experts as third Expert by drawing lots. In the case of the appointment of three Experts, references in these Terms of the Bonds to a Common Expert shall be deemed to refer to these three Experts, deciding by majority decision. Decisions of the Common Expert shall be final and binding on the Issuer, the Bondholders and the Paying and Conversion Agent. The Paying and Conversion Agent shall incur no liability against the Issuer or the Bondholders in respect of any action taken, or suffered to be taken, in accordance with such decision and in good faith. The fees and costs of the Common Expert shall be borne by the Issuer;

Common Expert means an independent investment bank of international repute or a “Big 4” accounting firm of international repute or an independent financial advisor with relevant expertise of international repute (an “Expert”) selected by the Company and the Warrant Holder by mutual agreement. If the Company and the Warrant Holder do not mutually agree on an Expert within seven (7) days from the beginning of the appointment process, each of the Parties shall select an Expert, whereby the so elected Experts shall select together a third Expert. In case the two selected Experts do not mutually agree on a third Expert within seven (7) days after being appointed, each of them shall select another Expert, whereby a Swiss Notary Public appointed by the Warrant Holders will pick one of these two Experts as third Expert by drawing lots. In the case of the appointment of three Experts, references herein to a Common Expert shall be deemed to refer to these three Experts, deciding by majority decision. Decisions of the Common Expert shall be final and binding on the Parties. The fees and costs of the Common Expert shall be borne by the Company;

Common Expert means an independent investment bank of international repute or an independent law firm or accounting firm of international repute (any such bank or firm, an Expert) selected by the Issuer and the Principal Paying and Conversion Agent by mutual agreement; provided, however, that

Examples of Common Expert in a sentence

• Such adjustment shall become effective, in the case of (A)(y), on the date on which the Distribution is made and, in the case of (A)(x) and (B), on the sixth (6th) Trading Day after the Distribution Date and, in the case of (A)(z) and (D) as determined by a Common Expert.

• Decisions of the Common Expert shall be final and binding on the Issuer, the Bondholders and the Paying and Conversion Agent.

• The decision of the Common Expert shall be binding as set forth in Condition 18.16.

• In all cases where there is more than one Distribution on a given Trading Day, the Common Expert will determine the necessary adjustment.

• In the case of the appointment of three Experts references in the Terms of the Bonds to a Common Expert shall be deemed to refer to these three Experts, deciding by majority decision.

• The Paying and Conversion Agent may engage the services of a Common Expert to determine whether and to what extent a correction shall be made.

• The decision of the Common Expert shall be binding as set forth in Condition 17(19).

• With the ruling filed on 27 November 2015, the Court of Milan appointed as Common Expert the company KPMG S.p.A., which is subject to the supervision of Consob;  Reconta Ernst & Young S.p.A., the auditing firm in charge in auditing the financial statements of the Parties to the Merger, prepared its report referred to in Art.

• The Paying and Conversion Agent may en- gage the advice or services of any Common Expert whose advice or services it may consider necessary and rely upon any advice so obtained, and the Paying and Conversion Agent shall incur no liability as against the Issuer or the Bondholders in respect of any action taken, or not taken, or suffered to be taken, or not taken, in accordance with such advice and in exercising due care according to established market practice.

• The Paying and Conversion Agent may engage the services of a Common Expert to deter- mine whether and to what extent a correction shall be made.

More Definitions of Common Expert

Common Expert means an independent investment bank of international repute or a “Big 4” accounting firm (an “Expert”) selected by the Issuer in consultation with the Guarantor and the Majority Holders by mutual agreement. If the Issuer and the Majority Holders do not mutually agree on a Common Expert within seven days from the beginning of the appointment process, each of the Issuer and the Majority Holders shall select an Expert, whereby the Experts thus selected shall together select a third Expert. In case the two selected Experts do not mutually agree on a third Expert within seven days after being appointed, each of them shall select another Expert, whereby a Swiss Notary Public appointed by the Majority Holders will pick one of these two Experts as third Expert by drawing lots. In the case of the appointment of three Experts, references in these Conditions to a Common Expert shall be deemed to refer to these three Experts, deciding by majority decision. Decisions of the Common Expert shall be final and binding on the Issuer, the Guarantor, the Holders and the Paying and Conversion Agent. The fees and costs of the Common Expert shall be divided equally among the Issuer and the Holders.

Common Expert means an independent investment bank of international repute or an independent law firm or accounting firm of international repute (an "Expert") selected by the Issuer and the Principal Paying and Conversion Agent by mutual agreement. If the Issuer and the Principal Paying and Conversion Agent do not mutually agree on an Expert within seven (7) days from the beginning of the appointment process, each of the Issuer and the Principal Paying and Conversion Agent shall select an Expert, whereby the so elected Experts shall select together a third Expert. In case the two selected Experts do not mutually agree on a third Expert within seven (7) days after being appointed, each of them shall select another Expert, whereby a Swiss Notary Public appointed by the Principal Paying and Conversion Agent will pick one of these two Experts as third Expert by drawing lots. In the case of the appointment of three Experts references in these Terms to a Common Expert shall be deemed to refer to these three Experts, deciding by majority decision. Decisions of the Common Expert shall be final and binding on the Issuer, the Guarantor, the Bondholders and the Principal Paying and Conversion Agent. The Principal Paying and Conversion Agent shall incur no liability against the Issuer or the Guarantor or the Bondholders in respect of any action taken, or suffered to be taken, in accordance with such decision and in good faith. The fees and costs of the Common Expert shall be borne by the Issuer, failing whom the Guarantor.

Common Expert means an independent investment bank of international repute or an independent law firm or accounting firm of international repute or an independent financial advisor with relevant expertise of international repute selected and instructed by the Issuer and UBS AG as Paying and Conversion Agent by mutual agreement.

Common Expert. ’ means an independent investment bank of international repute or an independent law firm or accounting firm of international repute or an independent financial advisor with relevant expertise of international repute (an ‘‘Expert’’) selected and instructed by the Issuer and the Paying and Conversion Agent by mutual agreement. If the Issuer and the Paying and Conversion Agent do not mutually agree on an Expert within seven (7) calendar days from the beginning of the appointment process, each of the Issuer and the Paying and Conversion Agent shall select an Expert, whereby the so elected Experts shall together select a third Expert. In case the two selected Experts