Dispute Resolution. In the case of a dispute as to the determination of the Conversion Price, Conversion Amount, any prepayment amount or Default Amount, Default Sum, Closing Date or Maturity Date, the closing bid price, or fair market value (as the case may be) or the arithmetic calculation of the Conversion Price or the applicable prepayment amount(s) (as the case may be), the Borrower or the Holder shall submit the disputed determinations or arithmetic calculations via electronic transmission by e-mail (with read-receipt required) # within two (2) Trading Days after receipt of the applicable notice giving rise to such dispute to the Borrower or the Holder or # 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 Borrower are unable to agree upon such determination or calculation within two (2) business days of such disputed determination or arithmetic calculation (as the case may be) being submitted to the Borrower or the Holder, then the Borrower shall, within two (2) business days, submit via electronic transmission by e-mail (with read-receipt required) # the disputed determination of the Conversion Price, the closing bid price, the or fair market value (as the case may be) to an independent, reputable investment bank selected by the Borrower and approved by the Holder or # the disputed arithmetic calculation of the Conversion Price, Conversion Amount, any prepayment amount or Default Amount, Default Sum to an independent, outside accountant selected by the Holder that is reasonably acceptable to the Borrower. The Borrower shall cause at its expense the investment bank or the accountant to perform the determinations or calculations and notify the Borrower and the Holder of the results no later than ten (10) business days from the time it receives such disputed determinations or calculations. Such investment bank’s or accountant’s determination or calculation shall be binding upon all parties absent demonstrable error.
Dispute Resolution. In the case of a dispute as to the determination of the Conversion Price, Conversion Amount, any prepayment amount or Default Amount, Default Sum, Closing Date or Maturity Date, the closing bid price, or fair market value (as the case may be) or the arithmetic calculation of the Conversion Price or the applicable prepayment amount(s) (as the case may be), the Borrower or the Holder shall submit the disputed determinations or arithmetic calculations via electronic transmission by e-mail (with read-receipt required)facsimile # within two (2) TradingBusiness Days after receipt of the applicable notice giving rise to such dispute to the Borrower or the Holder or # 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 Borrower are unable to agree upon such determination or calculation within two (2) business daysBusiness Days of such disputed determination or arithmetic calculation (as the case may be) being submitted to the Borrower or the Holder, then the Borrower shall, within two (2) business days,Business Days, submit via electronic transmission by e-mail (with read-receipt required)facsimile # the disputed determination of the Conversion Price, the closing bid price, the or fair market value (as the case may be) to an independent, reputable investment bank selected by the Borrower and approved by the Holder or # the disputed arithmetic calculation of the Conversion Price, Conversion Amount, any prepayment amount or Default Amount, Default Sum to an independent, outside accountant selected by the Holder that is reasonably acceptable to the Borrower. The Borrower shall cause at its expense the investment bank or the accountant to perform the determinations or calculations and notify the Borrower and the Holder of the results no later than ten (10) business daysBusiness Days from the time it receives such disputed determinations or calculations. Such investment bank’s or accountant’s determination or calculation shall be binding upon all parties absent demonstrable error.
Dispute Resolution. In the case of a dispute as to the determination of the Conversion Price, Conversion Amount, any prepayment amount or Default Amount, Default Sum,Issue, Closing Date or Maturity Date, the closing bid price, or fair market value (as the case may be) or the arithmetic calculation of the Conversion Price or the applicable prepayment amount(s) (as the case may be), the Borrower or the Holder shall submit the disputed determinations or arithmetic calculations via electronic transmission by e-mail (with read-receipt required)facsimile # within two (2)one (1) Trading DaysDay after receipt of the applicable notice giving rise to such dispute to the Borrower or the Holder or # 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 Borrower are unable to agree upon such determination or calculation within two (2) business daysone (1) Trading Day of such disputed determination or arithmetic calculation (as the case may be) being submitted to the Borrower or the Holder, then the Borrower shall, within two (2) business days,one (1) Trading Day, submit via electronic transmission by e-mail (with read-receipt required) # the disputed determination of the Conversion Price, the closing bid price, the or fair market value (as the case may be) to an independent, reputable investment bank selected by the Borrower and approved by the Holder or # the disputed arithmetic calculation of the Conversion Price, Conversion Amount, any prepayment amount or Default Amount, Default Sum to an independent, outside accountant selected by the Holder that is reasonably acceptable to the Borrower. The Borrower shall cause at its expense the investment bank or the accountant to perform the determinations or calculations and notify the Borrower and the Holder of the results no later than ten (10) business daysone (1) Trading Day from the time it receives such disputed determinations or calculations. Such investment bank’s or accountant’s determination or calculation shall be binding upon all parties absent demonstrable error.
Dispute Resolution. In the case of a dispute as to the determination of any Exchange Price, the ConversionClosing Bid Price, Conversion Amount, any prepayment amount or Default Amount, Default Sum,the Closing Date or Maturity Date,Sale Price, the closing bid price,number of Pre-Funded Warrants, or fair market value (as the case may be) or any adjustment to the arithmetic calculation ofExchange Shares, the Conversion PriceCompany or the applicable prepayment amount(s)Creditor (as the case may be), the Borrower or the Holder shall submit the disputed determinations or arithmetic calculations (as the case may be) via electronic transmission byfacsimile or e-mail (with read-receipt required) # within two (2) TradingBusiness Days after receipt of the applicable notice giving rise to such dispute to the BorrowerCompany or the HolderCreditor (as the case may be) or # if no notice gave rise to such dispute, at any time after the HolderCompany or the Creditor learned of the circumstances giving rise to such dispute. If the HolderCreditor and the BorrowerCompany are unable to agree upon such determination or calculation within two (2) business daysBusiness Days of such disputed determination or arithmetic calculation (as the case may be) being submitted to the BorrowerCompany or the Holder,Creditor (as the case may be), then the BorrowerCompany and the Creditor shall, within two (2) business days,Business Days, submit via electronic transmission byfacsimile or e-mail (with read-receipt required) # the disputed determination of the Conversionany Exchange Price, the closing bid price,Closing Bid Price, the Closing Sale Price, the number of Pre-Funded Warrants, or fair market value (as the case may be) or any adjustment to the Exchange Shares to an independent, reputable investment bank selected by the BorrowerCompany and reasonably approved by the Holder or #Creditor. The Company and the disputed arithmetic calculation of the Conversion Price, Conversion Amount, any prepayment amount or Default Amount, Default Sum to an independent, outside accountant selected by the Holder that is reasonably acceptable to the Borrower. The BorrowerCreditor shall cause at its expense the investment bank or the accountant to perform the determinations or calculations (as the case may be) and notify the BorrowerCompany and the HolderCreditor of the results no later than ten (10) business daysBusiness Days from the time it receives such disputed determinations or calculations.calculations (as the case may be). Such investment bank’banks determinations or accountant’s determination or calculationcalculations (as the case may be) shall be binding upon all parties absent demonstrable error. The party whose determinations or calculations are furthest from such investment banks determinations or calculations shall pay the expenses arising from or related to the use of such investment bank for such determinations or calculations.
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