Appraisal Procedure. Means a procedure whereby two independent appraisers, one chosen by the Company and one by the Original Warrantholder, shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within 15 days after the Appraisal Procedure is invoked. If within 30 days after appointment of the two appraisers they are unable to agree upon the amount in question, a third independent appraiser shall be chosen within 10 days
... thereafter by the mutual consent of such first two appraisers. The decision of the third appraiser so appointed and chosen shall be given within 30 days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon the Company and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon the Company and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the Company.
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Appraisal Procedure.
Means means a procedure whereby two independent appraisers, one chosen by the Company and one by the
Original Warrantholder (or if there is more than one Warrantholder,
a majority in interest of Warrantholders), shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within
15 fifteen (15) days after the Appraisal Procedure is invoked. If within
30 thirty (30) days after appointment of the two appraisers
... they are unable to agree upon the amount in question, a third independent appraiser shall be chosen within 10 ten (10) days thereafter by the mutual consent of such first two appraisers. appraisers or, if such first two appraisers fail to agree upon the appointment of a third appraiser, such appointment shall be made by the American Arbitration Association, or any organization successor thereto, from a panel of arbitrators having experience in the appraisal of the subject matter to be appraised. The decision of the third appraiser so appointed and chosen shall be given within 30 thirty (30) days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon on the Company and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon and conclusive on the Company and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the Company.
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Appraisal Procedure.
Means means a procedure whereby two independent appraisers, one chosen by the Company and one by the
Original Warrantholder (or if there is more than one Warrantholder,
a majority in interest of Warrantholders), shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within
15 fifteen (15) days after the Appraisal Procedure is invoked. If within
30 thirty (30) days after appointment of the two appraisers
... they are unable to agree upon the amount in question, a third independent appraiser shall be chosen within 10 ten (10) days thereafter by the mutual consent of such first two appraisers. appraisers or, if such first two appraisers fail to agree upon the appointment of a third appraiser, such appointment shall be made by the American Arbitration Association, or any organization successor thereto, from a panel of arbitrators having experience in the appraisal of the subject matter to be appraised. The decision of the third appraiser so appointed and chosen shall be given within 30 thirty (30) days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon on the Company and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon and conclusive on the Company and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the Company.
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Appraisal Procedure.
Means means a procedure whereby two independent appraisers, one chosen by the Company and one by the
Original Warrantholder (or if there is more than one Warrantholder,
a majority in interest of Warrantholders), shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within
15 fifteen (15) days after the Appraisal Procedure is invoked. If within
30 thirty (30) days after appointment of the two appraisers
... they are unable to agree upon the amount in question, a third independent appraiser shall be chosen within 10 ten (10) days thereafter by the mutual consent of such first two appraisers. appraisers or, if such first two appraisers fail to agree upon the appointment of a third appraiser, such appointment shall be made by the American Arbitration Association, or any organization successor thereto, from a panel of arbitrators having experience in the appraisal of the subject matter to be appraised. The decision of the third appraiser so appointed and chosen shall be given within 30 thirty (30) days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon on the Company and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon and conclusive on the Company and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the Company.
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Appraisal Procedure.
Means means a procedure whereby two independent appraisers, one chosen by the Company and one by
a majority in interest of the
Original Warrantholder, holders of Class B Warrants, shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within
15 fifteen (15) days after the Appraisal Procedure is invoked. If within
30 thirty (30) days after appointment of the two appraisers they are unable to agree upon
... the amount in question, a third independent appraiser shall be chosen within 10 ten (10) days thereafter by the mutual consent of such first two appraisers. appraisers or, if such first two appraisers fail to agree upon the appointment of a third appraiser, such appointment shall be made by the American Arbitration Association, or any organization successor thereto, from a panel of arbitrators having experience in the appraisal of the subject matter to be appraised. The decision of the third appraiser so appointed and chosen shall be given within 30 thirty (30) days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon on the Company and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon and conclusive on the Company and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the holders of Class B Warrants requesting such Appraisal Procedure, except that (A) the fees and expenses of the appraiser appointed by the Company and any other costs incurred by the Company shall be borne by the Company and (B) if such Appraisal Procedure shall result in a determination that is disparate by 5% or more from the Company's initial determination, all costs of conducting such Appraisal Procedure shall be borne by the Company.
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Appraisal Procedure.
Means means a procedure whereby two independent appraisers, one chosen by the Company and one by
a majority in interest of the
Original Warrantholder, holders of Class C Warrants, shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within
15 fifteen (15) days after the Appraisal Procedure is invoked. If within
30 thirty (30) days after appointment of the two appraisers they are unable to agree upon
... the amount in question, a third independent appraiser shall be chosen within 10 ten (10) days thereafter by the mutual consent of such first two appraisers. appraisers or, if such first two appraisers fail to agree upon the appointment of a third appraiser, such appointment shall be made by the American Arbitration Association, or any organization successor thereto, from a panel of arbitrators having experience in the appraisal of the subject matter to be appraised. The decision of the third appraiser so appointed and chosen shall be given within 30 thirty (30) days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon on the Company and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon and conclusive on the Company and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the holders of Class C Warrants requesting such Appraisal Procedure, except that (A) the fees and expenses of the appraiser appointed by the Company and any other costs incurred by the Company shall be borne by the Company and (B) if such Appraisal Procedure shall result in a determination that is disparate by 5% or more from the Company's initial determination, all costs of conducting such Appraisal Procedure shall be borne by the Company.
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Appraisal Procedure.
Means means a procedure whereby two independent appraisers, one chosen by the Company and one by
a majority in interest of the
Original Warrantholder, holders of Class D Warrants, shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within
15 fifteen (15) days after the Appraisal Procedure is invoked. If within
30 thirty (30) days after appointment of the two appraisers they are unable to agree upon
... the amount in question, a third independent appraiser shall be chosen within 10 ten (10) days thereafter by the mutual consent of such first two appraisers. appraisers or, if such first two appraisers fail to agree upon the appointment of a third appraiser, such appointment shall be made by the American Arbitration Association, or any organization successor thereto, from a panel of arbitrators having experience in the appraisal of the subject matter to be appraised. The decision of the third appraiser so appointed and chosen shall be given within 30 thirty (30) days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon on the Company and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon and conclusive on the Company and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the holders of Class D Warrants requesting such Appraisal Procedure, except that (A) the fees and expenses of the appraiser appointed by the Company and any other costs incurred by the Company shall be borne by the Company and (B) if such Appraisal Procedure shall result in a determination that is disparate by 5% or more from the Company's initial determination, all costs of conducting such Appraisal Procedure shall be borne by the Company.
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Appraisal Procedure.
Means means a procedure whereby two independent appraisers, one chosen by the Company and one
chosen by the
Original Warrantholder, shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within
15 fifteen (15) days after the Appraisal Procedure is invoked. If within
30 thirty (30) days after appointment of the two appraisers they are unable to
mutually agree upon the amount in question, a third
... independent appraiser shall be chosen within 10 ten (10) days thereafter by the mutual consent agreement of such first two appraisers. appraisers or, if such first two appraisers fail to agree upon the appointment of a third appraiser, such appointment shall be made by the American Arbitration Association, or any organization successor thereto, from a panel of arbitrators having experience in the appraisal of the subject matter to be appraised. The decision of the third appraiser so appointed and chosen shall be given within 30 thirty (30) days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon on the Company and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon and conclusive on the Company and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the Company. Company; provided that, if the final determination of the appraisers is less than the fair market value determination of the Board of Directors, then such costs shall be borne solely by the Warrantholder.
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Appraisal Procedure.
Means means a procedure whereby two independent appraisers, one chosen by the
Company Domestic Borrower and one by the
Original Warrantholder (or if there is more than one Warrantholder,
a majority in interest of Warrantholders), shall mutually agree upon the determinations then the subject of appraisal. Each party shall deliver a notice to the other appointing its appraiser within
15 fifteen (15) days after the Appraisal Procedure is invoked. If within
30 thirty (30) days after appointment of
... the two appraisers they are unable to agree upon the amount in question, a third independent appraiser shall be chosen within 10 ten (10) days thereafter by the mutual consent of such first two appraisers. The decision of the third appraiser so appointed and chosen shall be given within 30 thirty (30) days after the selection of such third appraiser. If three appraisers shall be appointed and the determination of one appraiser is disparate from the middle determination by more than twice the amount by which the other determination is disparate from the middle determination, then the determination of such appraiser shall be excluded, the remaining two determinations shall be averaged and such average shall be binding and conclusive upon the Company Domestic Borrower and the Original Warrantholder; otherwise, the average of all three determinations shall be binding upon the Company Domestic Borrower and the Original Warrantholder. The costs of conducting any Appraisal Procedure shall be borne by the Company. Domestic Borrower.
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