Dispute Resolution Clause Example with 83 Variations from Business Contracts
This page contains Dispute Resolution clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, or the arithmetic calculation of the Warrant Shares, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via facsimile (a) within two business days after receipt of the applicable notice giving rise to such dispute to the Company or the Holder, as the case may be, or (b) if no notice gave rise to such dispute, at any time after the Holder ...learned of the circumstances giving rise to such dispute. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter submit via facsimile (x) the disputed determination of the Exercise Price or Closing Sale Price to an independent, reputable investment bank selected by the Company and approved by the Holder or (y) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest error.View More
Variations of a "Dispute Resolution" Clause from Business Contracts
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via facsimile (a) email within two business days after (2) Trading Days of receipt of the applicable notice Exercise Notice giving rise to such dispute to the Company or the Holder, dispute, as the case may be, or (b) if no notice... gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days two (2) Trading Days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter (2) Trading Days submit via email or facsimile (x) (a) the disputed determination of the Exercise Price or Closing Sale Price to an independent, reputable investment bank selected by the Company and approved by the Holder or (y) (b) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days five (5) Trading Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. The expenses of the investment bank and accountant will be borne by the Company unless the investment bank or accountant determines that the determination of the Exercise Price or the arithmetic calculation of the Warrant Shares by the Holder was incorrect, in which case the expenses of the investment bank and accountant will be borne by the Holder. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via email or facsimile (a) within two business days after (2) Trading Days of receipt of the applicable notice Exercise Notice giving rise to such dispute to the Company or the Holder, dispute, as the case may be, or (b) if no not...ice gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days five (5) Trading Days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter (2) Trading Days submit via email or facsimile (x) (a) the disputed determination of the Exercise Price or Closing Sale Price to an independent, reputable investment bank selected by the Company and approved by the Holder or (y) (b) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days (10) Trading Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. The expenses of the investment bank and accountant will be borne by the Company 8 unless the investment bank or accountant determines that the determination of the Exercise Price or the arithmetic calculation of the Warrant Shares by the Holder was incorrect, in which case the expenses of the investment bank and accountant will be borne by the Holder. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via email or facsimile (a) within two business days after (2) Trading Days of receipt of the applicable notice Exercise Notice giving rise to such dispute to the Company or the Holder, dispute, as the case may be, or (b) if no not...ice gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days five (5) Trading Days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter (2) Trading Days submit via email or facsimile (x) (a) the disputed determination of the Exercise Price or Closing Sale Price to an independent, reputable investment bank selected by the Company and approved by the Holder or (y) (b) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days (10) Trading Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. The expenses of the investment bank and accountant will be borne by the Company unless the investment bank or accountant determines that the determination of the Exercise Price or the arithmetic calculation of the Warrant Shares by the Holder was incorrect, in which case the expenses of the investment bank and accountant will be borne by the Holder. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, Shares or fair market value of the Common Stock or Corporate Event Consideration, as applicable, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via facsimile (a) or electronic mail within two business days after (2) Business Days of receipt of the applicable notice Exercise No...tice or other event giving rise to such dispute to the Company or the Holder, dispute, as the case may be, or (b) if no notice gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days (3) Business Days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter (2) Business Days submit via facsimile (x) or electronic mail (a) the disputed determination of the Exercise Price or Closing Sale Price fair market value of the Common Stock or Corporate Event Consideration, as applicable, to an independent, reputable investment bank selected by the Company and approved by the Holder or (y) (b) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to 18 perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days (10) Business Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via email or facsimile (a) within two business days after (2) Trading Days of receipt of the applicable notice Exercise Notice giving rise to such dispute to the Company or the Holder, dispute, as the case may be, or (b) if no not...ice gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days five (5) Trading Days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter one (1) Trading Day submit via email or facsimile (x) (a) the disputed determination of the Exercise Price or Closing Sale Price to an independent, reputable investment bank selected by the Company and approved by the Holder or (y) (b) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days (10) Trading Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. The expenses of the investment bank and accountant will be borne by the Company unless the investment bank or accountant determines that the determination of the Exercise Price or the arithmetic calculation of the Warrant Shares by the Holder was incorrect, in which case the expenses of the investment bank and accountant will be borne by the Holder. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, Shares issuable pursuant hereto, the Company shall promptly issue to the Warrant Holder the number of Warrant Shares that are not disputed and resolve such dispute in accordance with this Section 13. In the case of a dispute as to the determination of the Exercise Price or the Holder (as arithmetic calculation of the case may be) Warrant Share...s issuable pursuant hereto, the Company shall submit the disputed determinations or arithmetic calculations via facsimile (a) within two business days after (2) Business Days of receipt of the applicable notice Exercise Notice giving rise to such dispute to the Company or the Holder, dispute, as the case may be, or (b) if no notice gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Warrant Holder. If the Warrant Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days (3) Business Days of such disputed determination or arithmetic calculation being submitted to the Company or the Warrant Holder, as the case may be, then the Company shall, within two business days thereafter (2) Business Days submit via facsimile (x) (a) the disputed determination of the Exercise Price or Closing Sale Price to an independent, reputable investment bank selected by the Company and approved by the Warrant Holder or (y) (b) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Warrant Holder of the results no later than ten business days (10) Business Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. The party whose calculation is furthest from the investment bank's or accountant's determination or calculation, as the case may be, shall be obligated to pay the fees and expenses of such investment bank or accountant. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, Units, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via facsimile (a) or electronic mail within two business days (2) Business Days after receipt of the applicable notice Exercise Notice giving rise to such dispute to the Company or the Holder, dispute, as the case may be, o...r (b) if no notice gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares Units within three business days of (3) Business Days after such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter (2) Business Days submit via facsimile (x) (a) the disputed determination of the Exercise Price or Closing Sale Price to an independent, reputable investment bank selected by the Company Holder and approved by the Holder Company, such approval not to be unreasonably withheld or (y) delayed or (b) the disputed arithmetic calculation of the Warrant Shares Units to the Company's independent, outside accountant. accountant, approved by the Holder, such approval not to be unreasonably withheld or delayed. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days (10) Business Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, Shares or fair market value of the Common Stock or Corporate Event Consideration, as applicable, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via facsimile (a) or electronic mail within two business days after (2) Business Days of receipt of the applicable notice Exercise No...tice or other event giving rise to such dispute to the Company or the Holder, dispute, as the case may be, or (b) if no notice gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days (3) Business Days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter (2) Business Days submit via facsimile (x) or electronic mail (a) the disputed determination of the Exercise Price or Closing Sale Price fair market value of the Common Stock or Corporate Event Consideration, as applicable, to an independent, reputable investment bank selected by the Company and approved by the Holder or (y) (b) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days (10) Business Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, Securities, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via facsimile (a) electronic mail within two business days after (2) Business Days of receipt of the applicable notice Exercise Notice giving rise to such dispute to the Company or the Holder, dispute, as the case may ...be, or (b) if no notice gave rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares Securities within three business days Business Days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days thereafter (2) Business Days submit via facsimile (x) electronic mail (a) the disputed determination of the Exercise Price or Closing Sale Price to an independent, reputable investment bank selected by the Company and approved by the Holder Holder, which approval shall not be unreasonably withheld, or (y) (b) the disputed arithmetic calculation of the Warrant Shares Securities to the Company's independent, outside accountant. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days Business Days from the time it receives the disputed determinations or calculations. The prevailing party in any dispute resolved pursuant to this Section 12 shall be entitled to the full amount of all reasonable expenses, including all costs and fees paid or incurred in good faith, in relation to the resolution of such dispute. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. View More
Dispute Resolution. In the case of a dispute as to the determination of the Exercise Price, the Closing Sale Price, Price or the arithmetic calculation of the Warrant Shares, the Company or the Holder (as the case may be) shall submit the disputed determinations or arithmetic calculations via facsimile (a) within two business days after (2) Business Days of receipt of the applicable notice Exercise Notice giving rise to such dispute to the Company or the Holder, dispute, as the case may be, or (b) if no notice gave... rise to such dispute, at any time after the Holder learned of the circumstances giving rise to such dispute. Holder. If the Holder and the Company are unable to agree upon such determination or calculation of the Exercise Price, Closing Sale Price or the Warrant Shares within three business days (3) Business Days of such disputed determination or arithmetic calculation being submitted to the Company or the Holder, as the case may be, then the Company shall, within two business days four (4) Business Days thereafter submit via facsimile (x) the disputed determination of the Exercise Price or Closing Sale Price Warrant Shares to an independent, reputable investment bank selected by mutually agreeable to the Company and approved by the Holder or (y) the disputed arithmetic calculation of the Warrant Shares to the Company's independent, outside accountant. Holder. The Company shall cause at its expense the investment bank or the accountant, as the case may be, to perform the determinations or calculations and notify the Company and the Holder of the results no later than ten business days (10) Business Days from the time it receives the disputed determinations or calculations. Such investment bank's or accountant's determination or calculation, as the case may be, shall be binding upon all parties absent manifest demonstrable error. The expenses of the investment bank and any other reasonable expenses incurred in good faith in connection with any such dispute will be borne by the Company unless the investment bank or accountant determines that the determination of the Exercise Price or the arithmetic calculation of the Warrant Shares by the Holder was incorrect, in which case the expenses of the investment bank and any other reasonable expenses incurred in connection with any such dispute will be borne by the Holder. View More
