Determination of Price. In connection with the purchase of the Repurchased Notes by the Operating Partnership and the purchase of the Shares by the Holder, the Holder has independently determined an acceptable price for the Repurchased Notes and the Shares, and such price is based upon such independent determination.
Determination of Price eNow reserves the right to correct any pricing mistakes that deviate from the pricing set forth in any quote. Subject to any changes requested by Buyer, each Order will be billed at the quoted price for sixty (60) calendar days from the date of such quote, and thereafter at the price in effect at the time of shipment. eNow may charge certain additional non-recurring set-up, routine maintenance and refurbishment charges for tooling, as well as charges for the construction of new tooling. The price quoted by eNow to Buyer is based on the volume levels previously communicated by the Buyer to eNow; if volume levels decrease, additional tooling set-up charges may apply and shall be paid by Buyer before any subsequent orders are processed by eNow. Prices quoted, and orders accepted are also subject to change due to increases in costs of manufacture, processing, or wages, resulting from the operations of any Federal, State, or municipal law or regulatory measure hereafter adopted and/or due to increased costs of labor, services or materials. All quotations are made, and each Order is accepted subject to approval by eNow’s credit department.
Determination of Price. With respect to Shares to be transferred pursuant to the Right of First Refusal where the price is not determined as a result of a bona fide arms-length transaction by the Optionee under Section 10(a) or the Involuntary Transfer Option, the price per share shall be a price set by the Board of Directors of the Company that will reflect the then current fair market value of the Shares, as determined by the Board of Directors in good faith after giving consideration to the factors set forth in Section 260.140.50 of Title 10 of the California Code of Regulations or, upon the request of the Optionee, by an independent appraiser acceptable to both the Company and the Optionee; provided, that the Optionee shall be required to bear one-half of the cost of such independent appraisal.
Determination of Price. If the Offered Interest is being offered for sale to the Third Party Offeror together with or in conjunction with other unrelated assets of the Seller Entities, the Buyer will be entitled to purchase only the Offered Interest and the Notice of Offer must specify the Seller’s good faith estimate of the cash being offered by the Third Party Offeror for the Offered Interest. If the Buyer does not agree with the Seller’s estimate, the value of the cash being offered for the Offered Interest shall be conclusively determined by a firm of qualified mineral valuators jointly appointed (and the cost of which shall be borne equally) by the Seller and the Buyer, each acting reasonably. Such determination shall be binding upon the Seller Entities and the Buyer. All time periods referred to in this Section 10 shall be extended by the time taken to obtain such determination.
Determination of Price. Following the giving and receipt of an Offer, SMHG and Salient Partners shall have a period of 30 days to arrive at a mutually agreeable price for the interest in the Newco Group. If SMHG and Salient Partners cannot agree on a price within such 30-day period, within 10 Business Days after the end of the 30-day period SMHG and Salient Partners shall each select an independent appraiser nationally recognized as qualified to appraise businesses in the financial services industry, each of whom shall deliver its appraisal of the Fair Market Value (as hereinafter defined) to an independent person (to be agreed by SMHG and Salient Partners) within 20 Business Days of its selection as an appraiser. If the higher appraisal is more than 20% greater than the lower appraisal, the independent person shall notify SMHG and Salient Partners and each appraiser of that fact (but not of the amounts). In such a case, the two appraisers shall within 10 Business Days of such notification from the independent person agree on a third independent appraiser nationally recognized as qualified to appraise businesses in the financial services industry, who shall deliver its appraisal of Fair Market Value to the independent person within 20 Business Days of the selection of such third appraiser, and Fair Market Value shall be the median of the three appraisals. If the higher of the first two appraisals is not more than 20% greater than the lower of the first two appraisals, Fair Market Value shall be the arithmetic mean of the first two appraisals and there shall not be any third appraisal. The independent person shall promptly give written notice of Fair Market Value to SMHG and Salient Partners.
Determination of Price. Prices given herein are list prices, unless otherwise specified, and are subject to discounts prevailing at the time the order is received. Prices shown do not include Provincial Sales Tax or Goods & Services Tax or any other tax or government charge upon the production, sale or shipment of material which is effective within the life of the sales contract, all of which will be paid by the Customer. All prices are subject to change without notice, and are not guaranteed against change. Inventory adjustments will not be made. Stenographic and clerical errors made by Seller on an acknowledgement or invoice shall be subject to correction. NOTE: In the event that a discrepancy arises between the index and the body of the price catalog, the information contained in the body of the catalog will take precedence.
Determination of Price. 1. The prices, terms and conditions of payment, in kind or otherwise, in respect of the food grains so released shall be the subject of direct negotiations between the Member Countries concerned, based on the guidelines to be approved by the Board for determination of price, which shall be reviewed periodically.
Determination of Price. The general method for determining the price of Products (“Price”) shall be as set forth in Exhibit E. Epson agrees that at any time the Prices to Lattice [ * ]. The Price herein shall be applicable until Lattice has completed the purchase of [ * ] New Facility Wafers under the terms of this Agreement.
Determination of Price. Fair Value shall be determined as of the end of the most recent complete fiscal quarter of the Company ended prior to the Put Notice (taking into account actual performance subsequent thereto and projections for future periods), and shall be determined by appraisal as follows: Within ten (10) days after receipt by the Company of notice that an appraisal is desired, the Company and the selling Holder(s) of Warrants and Warrant Shares shall jointly appoint an appraiser for the purpose of determining Fair Value. Such appraiser shall be an investment banking or advisory firm with experience in valuing companies of a comparable size, and in a comparable industry, as the Company, which investment banking or advisory firm shall be either a firm of recognized national standing or a regional firm of good national reputation. If there shall be a dispute as to the selection of such appraiser, it shall be appointed by the American Arbitration Association upon application by the Company or the selling Holder(s). The Company and the selling Holder(s) shall be afforded reasonable opportunities to discuss the appraisal with such appraiser. The determination of Fair Value by such appraiser shall be final and binding upon the Company and the selling Holder(s). The fees and expenses of the appraiser and, if any, of the American Arbitration Association, shall be borne by the Company.
Determination of Price. GRE shall pay for the coal sold and delivered hereunder a price which annually equals the Cost of Production plus the Agreed Profit, as adjusted in accordance with Section 5.5 hereof.
