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.
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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 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) 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. Holder, which approval shall not be unreasonably withheld. 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 11 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.
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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) 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) (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.
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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 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) (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 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 (which, for purposes of this Warrant, is the party whose determinations or calculations is closest to those of the investment bank or the accountant, as the case may be) 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.
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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) or 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 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 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 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.
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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) or electronic mail within two
business days after (2) Business Days of receipt of the
applicable notice Exercise Notice or other event giving rise to such
dispute to the Company or the Holder, dispute, as the cas
...e 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 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.
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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 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) (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 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.
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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 calculations, as the case may be, 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, 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) (a) the disputed determination of the Exercise Price or Closing Sale Price to an independent, a reputable investment bank selected by the Company and approved by acceptable to the Holder Holder, acting reasonably, 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. The expenses of the investment bank or accountant shall be borne by whichever of the Company or the Holder whose determination or calculation is furthest from the determination or calculation by such investment bank or accountant, as the case may be.
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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) or 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 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 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.
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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 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 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.
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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 calculations, as the case may be, 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, 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 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) (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 Business Days from the time it receives the disputed 4 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.
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