Consideration Value

Consideration Value. At any time, (i) in the case of cash or cash equivalents the actual amount of such cash or cash equivalents and (ii) in the case of Marketable Securities, the weighted average trading price (by dollar volume) of such Marketable Securities for the most recent 30 trading days for such securities prior to the date of the delivery thereof as consideration and (iii) in the case of all other consideration the fair value of said consideration as of the date of the delivery thereof as determined in... good faith by the Board. View More

Consideration Value. Means, at any time, (i) in the case of cash or cash equivalents the actual amount of such cash or cash equivalents and (ii) in the case of Marketable Securities, the weighted average trading price (by dollar volume) of such Marketable Securities for the most recent 30 trading days for such securities prior to the date of the delivery thereof as consideration and (iii) in the case of all other consideration the fair value of said consideration as of the date of the delivery thereof as determined... in good faith by the Board. In the event that the Optionee delivers a written notice to the Company disputing the Company's Consideration Value determination within five days of receiving such determination, the Consideration Value will be determined by a mutually acceptable "bulge bracket" independent investment bank, and such value will be based on the standards set forth in this Agreement. In the event the Company and the Optionee are unable to reach agreement upon a mutually acceptable "bulge bracket" investment bank within 20 days of such notice, the Company and the Optionee shall each select a "bulge bracket" investment bank within 25 days of such notice which two investment banks shall select a third "bulge bracket" investment bank to make such determination within 5 days of their selection. The costs and expenses of such investment banks shall be shared equally by the Company and the Optionee. View More