Cash and Property. Such consideration shall: (A) if it consists of cash, be computed at the aggregate amount of cash received by the Company; (B) if it consists of property other than cash, be computed at its fair market value at the time of such issue, as determined in good faith by the Company's board of directors; and (C) if Additional Shares are issued together with other shares or securities or other assets of the Company for consideration that 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 Company's board of directors.
Appears in 3 contracts
Sources: Convertible Note Purchase Agreement (Burcon NutraScience Corp), Convertible Note Purchase Agreement (Chan Kwok Keung Charles), Convertible Note Purchase Agreement (Burcon NutraScience Corp)
Cash and Property. Such consideration shall:
(A) if insofar as it consists of cash, be computed at as the aggregate amount of cash received by the Company;
(B) if insofar as it consists of property other than cash, be computed at its the fair market value thereof at the time of such issue, issuance as determined in good faith by the Company's board of directorsBoard; and
(C) if in the event that Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration that 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 Company's board of directorsBoard.
Appears in 3 contracts
Sources: Warrant Agreement (C Me Run Corp), Warrant Agreement (C Me Run Corp), Warrant Agreement (C Me Run Corp)
Cash and Property. Such consideration shall:
(A1) if insofar as it consists of cash, be computed at the aggregate amount of cash received by the CompanyDebtor excluding amounts paid or payable for accrued interest or accrued dividends;
(B2) if insofar as it consists of property other than cash, be computed at its fair market value the Market Price thereof at the time of such issue, as determined in good faith by the Company's board of directors; and
(C3) if in the event Additional Shares of Common are issued together with other shares or securities or other assets of the Company Debtor for consideration that covers both, be by the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Company's board Board of directorsDirectors.
Appears in 3 contracts
Sources: Convertible Note Agreement (Argyle Security, Inc.), Convertible Note (Mezzanine Management LTD), Convertible Note Agreement (Argyle Security, Inc.)
Cash and Property. Such consideration shall:
(A1) if insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company;
(B2) if insofar as it consists of property other than cash, be computed at its the fair market value thereof at the time of such issue, as determined in good faith by the Company's board Board of directorsDirectors; and
(C3) if in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration that which covers both, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Company's board Board of directorsDirectors.
Appears in 2 contracts
Sources: Warrant Agreement (Smith R Lee), Warrant Agreement (Cahoon Arthur L)
Cash and Property. Such consideration shall:
(A) if insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company, excluding amounts paid or payable for accrued interest;
(B) if insofar as it consists of property other than cash, be computed at its fair market value at the time of such issue, as determined in good faith by the Company's board of directorsFair Market Value thereof; and
(C) if in the event Additional Shares Units are issued together with other shares or securities or other assets of the Company Equity Securities for consideration that which covers both, be by the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Company's board of directorsBoard.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Vertex Energy Inc.)