Cancellation Value definition
Examples of Cancellation Value in a sentence
The sum of (i) that number of shares of Restricted Stock, (ii) that number of Company RSUs that would otherwise have an RSU Cancellation Value and (iii) that number of Company Options and Company SARs that would otherwise have an Option/SAR Cancellation Value equal to $1,000,000 in the aggregate shall not vest and shall be cancelled at the Effective Time.
In the event that Seller disputes the determination of the Per Unit Cancellation Value of the Equity Rollover Units, such dispute shall be submitted by the parties for resolution to the Independent Accountant who, acting as expert and not arbitrator, shall resolve determine the Per Unit Cancellation Value.
The sum of (i) that number of shares of Restricted Stock, (ii) that number of Company RSUs that would otherwise have an RSU Cancellation Value and (iii) that number of Company Options and Company SARs that would otherwise have an Option/SAR Cancellation Value equal to $150,000 in the aggregate shall not vest and shall be cancelled at the Effective Time.
The Independent Accountant shall only decide the Per Unit Cancellation Value and the Independent Account’s decision must be within the range of values assigned the Class A Units by the parties.
The Independent Accountant shall make a determination as soon as practicable, but in no event later than thirty (30) days (or such other time as the parties hereto shall agree in writing) after its engagement, and the Independent Accountant’s determination of the Per Unit Cancellation Value shall be final, conclusive and binding upon the parties hereto and their respective successors and assigns, and not subject to any collateral attack for any reason absent manifest error or fraud.