Common use of Alternative Determination of Fair Market Value Clause in Contracts

Alternative Determination of Fair Market Value. Upon the delivery of the Appraiser's Certificate of the Third Appraiser, the Fair Market Value of the Selling Member's Interest will be determined as provided in this subparagraph (v). The Fair Market Value of the Selling Member's Interest will be (w) the Lower Value, if the Third Value is less than the Lower Value, (x) the Higher Value, if the Third Value is greater than the Higher Value, (y) the arithmetic average of the Third Value and either the Higher Value or the Lower Value (whichever is closer to the Third Value) if the Third Value falls within the range between (and including) the Lower Value and the Higher Value and (z) the Third Value, if the Lower Value and the Higher Value are equally close to the Third Value.

Appears in 2 contracts

Samples: License Agreement (Nstar/Ma), Operating Agreement (RCN Corp /De/)

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Alternative Determination of Fair Market Value. Upon the delivery of the Appraiser's Certificate of the Third Appraiser, the Fair Market Value of or Private Market Value, as the Selling Member's Interest case may be, will be determined as provided in this subparagraph (v). The Fair Market Value of or Private Market Value, as the Selling Member's Interest case may be, will be (w) the Lower Value, if the Third Value is less than the Lower Value, (x) the Higher Value, if the Third Value is greater than the Higher Value, (y) the arithmetic average of the Third Value and either the Higher Value or the Lower other Value (whichever Lower or Higher) that is closer to the Third Value) Value if the Third Value falls within the range between (and including) the Lower Value and the Higher Value and (z) the Third Value, if the Lower Value and the Higher Value are equally close to the Third Value.

Appears in 1 contract

Samples: Limited Partnership Agreement (Airtouch Communications)

Alternative Determination of Fair Market Value. Upon the delivery of the Appraiser's Certificate of the Third Appraiser, the Fair Market Value of the Selling Minority Member's Interest will be determined as provided in this subparagraph (v). The Fair Market Value of the Selling Minority Member's Interest will be (w) the Lower Value, if the Third Value is less than the Lower Value, (x) the Higher Value, if the Third Value is greater than the Higher Value, or (y) the arithmetic average of the Third Value and either the Higher Value or the Lower Value (whichever is closer to the Third Value) if the Third Value falls fails within the range between (and including) the Lower Value and the Higher Value and (z) the Third Value, if the Lower Value and the Higher Value are equally close to the Third Value.

Appears in 1 contract

Samples: License Agreement (Nstar/Ma)

Alternative Determination of Fair Market Value. Upon the delivery of the Appraiser's ’s Certificate of the Third Appraiser, the Fair Market Value of the Selling Member's ’s Interest will be determined as provided in this subparagraph (v). The Fair Market Value of the Selling Member's ’s Interest will be (w) the Lower Value, if the Third Value is less than the Lower Value, (x) the Higher Value, if the Third Value is greater than the Higher Value, (y) the arithmetic average of the Third Value and either the Higher Value or the Lower Value (whichever is closer to the Third Value) if the Third Value falls within the range between (and including) the Lower Value and the Higher Value and (z) the Third Value, if the Lower Value and the Higher Value are equally close to the Third Value.

Appears in 1 contract

Samples: Operating Agreement (RCN Corp /De/)

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Alternative Determination of Fair Market Value. Upon the delivery of the Appraiser's Certificate of the Third Appraiser, the Fair Market Value of the Selling Minority Member's Interest will be determined as provided in this subparagraph (v). The Fair Market Value of the Selling Minority Member's Interest will be (w) the Lower Value, if the Third Value is less than the Lower Value, (x) the Higher Value, if the Third Value is greater than the Higher Value, or (y) the arithmetic average of the Third Value and either the Higher Value or the Lower Value (whichever is closer to the Third Value) if the Third Value falls within the range between (and including) the Lower Value and the Higher Value and (z) the Third Value, if the Lower Value and the Higher Value are equally close to the Third Value.

Appears in 1 contract

Samples: Management Agreement (RCN Corp /De/)

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