Consideration; Closing. If the consideration proposed to be paid for the Transfer Stock is in property, services or other non-cash consideration, the fair market value of the consideration shall be as determined in good faith by the Company’s Board of Directors. If any Exercising Investor cannot for any reason pay for the Transfer Stock in the same form of non-cash consideration, such Exercising Investor may pay the cash value equivalent thereof, as determined in good faith by the Company’s Board of Directors. The closing of the purchase of Transfer Stock by the Exercising Investors shall take place, and all payments from the Exercising Investors shall have been delivered to the selling Key Holder, by the later of (i) the date specified in the Proposed Transfer Notice as the intended date of the Proposed Transfer and (ii) thirty (30) days after delivery of the Proposed Transfer Notice.
Appears in 1 contract
Sources: Right of First Refusal and Co Sale Agreement (H-Cyte, Inc.)
Consideration; Closing. If the consideration proposed to be paid for the Transfer Stock is in property, services or other non-cash consideration, the fair market value of the consideration shall be as determined in good faith by the Company’s 's Board of Directors. If any Exercising Investor cannot for any reason pay for the Transfer Stock in the same form of non-cash consideration, such Exercising Investor may pay the cash value equivalent thereof, as determined in good faith by the Company’s 's Board of Directors. The closing of the purchase of Transfer Stock by the Exercising Investors shall take place, and all payments from the Exercising Investors shall have been delivered to the selling Key Holder, by the later of (i) the date specified in the Proposed Transfer Notice as the intended date of the Proposed Transfer and (ii) thirty (30) days after delivery of the Proposed Transfer Notice.
Appears in 1 contract
Sources: Right of First Refusal and Co Sale Agreement (FWHC Holdings, LLC)
Consideration; Closing. If the consideration proposed to be paid for the Transfer Stock is in property, services or other non-cash consideration, the fair market value of the consideration shall be as determined in good faith by the Company’s Board of Directors. If any Exercising Investor Stockholder cannot for any reason pay for the Transfer Stock in the same form of non-cash consideration, such Exercising Investor Stockholder may pay the cash value equivalent thereof, as determined in good faith by the Company’s Board of Directors. The closing of the purchase of Transfer Stock by the Exercising Investors Stockholders shall take place, and all payments from the Exercising Investors Stockholders shall have been delivered to the selling Key HolderProspective Transferor, by the later of (i) the date specified in the Proposed Transfer Notice as the intended date of the Proposed Transfer and (ii) thirty ninety (3090) days after delivery of the Proposed Transfer Notice.
Appears in 1 contract
Sources: Right of First Refusal and Co Sale Agreement (BigCommerce Holdings, Inc.)