Dispute Procedure means a procedure whereby the Expert Firm will be engaged by the Company and the Warrantholder in making a determination as promptly as practicable, but in any event within 30 days after the date on which such Expert Firm is engaged to resolve the dispute. The determination of the Expert Firm shall be binding and conclusive upon the Company and the Warrantholder. The costs of conducting any Dispute Procedure shall be borne by the Company. During the pendency of a Dispute Procedure the parties will (i) cooperate with the Expert Firm, (ii) have the opportunity to make presentations and provide supporting material to the Expert Firm in support of their positions and (iii) subject to customary confidentiality agreements, provide the Expert Firm with access to their respective books and records, personnel, and representatives, and such other information as the Expert Firm may require in order to render its determination.
Dispute Procedure means, in any case where a determination or approval of the Board is called for hereunder and is expressly made subject to a resolution pursuant to the Dispute Procedure herein set forth, the Class B Holder may demand the engagement by the Company of an independent accounting firm reasonably acceptable to the Board for the purpose of calculating the accuracy and/or compliance of any such determination or approval with the applicable provisions hereof. In any such instance, absent manifest error the calculation of the independent accounting firm shall be binding. The fees for such independent accounting firm shall be borne as follows: (a) in the event that the independent accounting firm’s calculation varies from the Board-approved measure by more than five percent (5%) in favor of the Class B Holder, the Company shall bear the expense and (b) if the independent accounting firm’s valuation varies from the Board-approved measure by five percent (5%) or less in favor of the Class B Holder, the Class B Holder will bear the expense.
Examples of Dispute Procedure in a sentence
The Dispute Notice must contain: (a) a brief statement of the nature of the Dispute; (b) a brief description of the relief sought by the issuing party; and (c) an express request that the Dispute Procedure of this Section 13 be commenced.
If a Dispute arises, any party may initiate the Dispute Procedure by giving a written notice of the Dispute to the other party (a Dispute Notice).
More Definitions of Dispute Procedure
Dispute Procedure has the meaning set forth in Section 3(b) of this Note.
Dispute Procedure means a procedure:
Dispute Procedure means the procedure for the resolution of disputes set out in Schedule 1; “DPA” means the Data Protection Act 1998;