Appointment of Appraiser Sample Clauses

Appointment of Appraiser. Notwithstanding anything to the contrary in this Agreement or in the Certificates of Designation, any Initial Appraiser (as defined in this Agreement or the Certificates of Designation) to be selected by the Company shall be selected by a majority of the Directors of the Company who are not Affiliates of the Securityholders whose Shares are the subject of the appraisal and such appraiser shall be reasonably acceptable to the majority of the Series C and D Preferred Directors.

Appointment of Appraiser. 22 3.4 Appointment of Certain Executive Personnel......................22 3.5 Resolution of Certain Tie Votes of the Board....................22

Appointment of Appraiser. Within ten (10) days after notice from Lessor to Lessee, Lessor and Lessee shall each appoint an MAI appraiser to participate in the appraisal process provided for in this Section 6.7 and shall give written notice thereof to the other party. Upon the failure of either party to appoint, the nondefaulting party shall have the right to apply to the District Court of Teton County, Wyoming, to appoint an appraiser to represent the defaulting party. Within ten

Appointment of Appraiser. If the appointment of an Appraiser is necessary in connection with the determination of any Put Price, then within (i) ten days after the exercise of such Put Option if there is a Disposition or Non-Surviving Combination or (ii) ten days after the expiration of the 30 day period in which the Company and the exercising Holder may agree on an Appraisal Value, the Company and such Holder shall endeavor in good faith to select a mutually acceptable Appraiser. If no such Appraiser is mutually selected within such time period or such longer time period as the Company and such Holder shall mutually agree upon, then within ten days thereafter, the Company and such Holder shall each designate an investment banking firm that is not an Affiliate of either the Company or such Holder, and within ten days thereafter, such investment banking firms shall mutually select the Appraiser. The Company shall pay the reasonable fees and expenses of the Appraiser, and, if applicable, the Company and such Holder shall each pay the fees and expenses of the investment banking firm designated by each of them for the purpose of selecting the Appraiser.

Appointment of Appraiser. Within ten (10) days after notice from Landlord to Tenant, Landlord and Tenant shall each appoint an MAI appraiser to participate in the appraisal process provided for in this Section 14.9 and shall give written notice thereof to the other party. Upon the failure of either party so to appoint, the nondefaulting party shall have the right to apply to the Superior Court of Riverside County, California, to appoint an appraiser to represent the defaulting party. Within ten (10) days of the parties’ appointment, the two (2) appraisers shall jointly appoint a third MAI appraiser and give written notice thereof to Landlord and Tenant, or if within ten (10) days of the appointment of said appraisers the two (2) appraisers shall fail to appoint a third, then either party hereto shall have the right to make application to said Superior Court to appoint such third appraiser.

Appointment of Appraiser. 2 SECTION 3. TERMINATION............................................................................2 PUT OPTION AGREEMENT This is the PUT OPTION AGREEMENT dated as of March 20, 1998 ("Agreement") by and between ATLANTIC PREMIUM BRANDS, LTD. ("Company"), a Delaware corporation, and BANC ONE CAPITAL PARTNERS, LLC ("Holder"), a Delaware limited liability company, provided for and entered into pursuant to the Senior Subordinated Note and Warrant Purchase Agreement dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the "Purchase Agreement"), by and among the Holder, as purchaser, and the Company and certain of its subsidiaries, as sellers. The Company and the Holder are referred to collectively as the "Parties" and individually as a "Party." THIS AGREEMENT IS ONE OF THE "RELATED DOCUMENTS" REFERRED TO IN THE PURCHASE AGREEMENT. In consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

Appointment of Appraiser. 3 Section 3. Termination........................................................3 This AMENDED AND RESTATED PUT OPTION AGREEMENT dated as of April 13, 2001 ("Agreement") is by and among Atlantic Premium Brands, Ltd. ("COMPANY"), a Delaware corporation, Banc One Capital Partners, LLC ("BOCP"), a Delaware limited liability company, and Sterling BOCP, LLC ("STERLING"), a Delaware limited liability company. BOCP and Sterling are referred to individually as a "HOLDER" and collectively as the "HOLDERS". The Company and the Holders are referred to collectively as the "PARTIES" and individually as a "PARTY".

Appointment of Appraiser. Within ten (10) days after notice from Lessor to Lessee, Lessor and Lessee shall each appoint an MAI appraiser to participate in the appraisal process provided for in this Section 6.7 and shall give written notice thereof to the other party. Upon the failure of either party so to appoint, the nondefaulting party shall have the right to apply to the Superior Court of Alameda County, California, to appoint an appraiser to represent the defaulting party. Within ten

Appointment of Appraiser. In the event that it becomes ------------------------ necessary to determine the Fair Market Value of the Property for any purpose of this Note, the party required or permitted to give notice of such required determination shall include in the notice the name of a Person selected to act as appraiser on its behalf. Within 10 days after receipt of any such notice, Lender or Borrower, as the case may be, shall by notice to Borrower or Lender, as the case may be, appoint a second Person as appraiser on its behalf. Each appraiser must be licensed as an appraiser in the State in which the Property is located and be a member of the Appraisal Institute (or any successor organization thereto).

Appointment of Appraiser. Upon receipt of any share certificate surrendered or uncertificated share transferred under this section, the court shall, as soon as practicable but in any event within 30 days, appoint an appraiser with experience in appraising share values of companies of like nature to the registered corporation to determine the fair value of the shares.