Appraisal of Fair Market Value. Unless otherwise waived or extended by the Landlord and each Agent in writing, within 60 days following the end of the previous fiscal year, the Landlord and each Agent will designate (acting together) an Appraiser to determine the Fair Market Value of the Option Assets. The Borrowers (as defined in the Credit Agreements) shall use commercially reasonable efforts to cause the Appraiser so designated (or in the event that the Landlord and each Agent do not so designate an Appraiser within such 60 days, the Appraiser from the previous fiscal year shall be deemed so designated) to deliver an Appraisal that determines (at the sole cost and expense of the Tenants) the Fair Market Value of the Option Assets, such delivery to be completed within 180 days after the end of such previous fiscal year and to include a written report of the methodologies used and factors taken into account in determining such Fair Market Value.
Appraisal of Fair Market Value. The Fair Market Value of each ------------------------------ Member's Membership Interest (which together will constitute one hundred percent (100%) of the Fair Market Value of the LLC) will be determined and reported to the Members in writing by an Appraiser selected using the procedure set forth in Section 13.1(d) hereof, and provided that the provisions of Sections 13.1(e)-(g) hereof also will apply to the actions and results of such Appraiser's determination. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
Appraisal of Fair Market Value. In the event of a dispute between ANSLC and Amerigon regarding what portion of consideration paid for a stock or equity interest exceeds the fair market value of such interest pursuant to Section 1.27, ANSLC and Amerigon shall attempt pursuant to Section 19.2 to agree on the fair market value of such stock or equity interest or to agree on a single appraiser mutually acceptable to both parties to make a binding determination of such fair market value. If the parties are unable to agree on the fair market value or on a single appraiser pursuant to the procedures set forth in Section 19.2, then within five (5) days after written notice from one party to the other, ANSLC and Amerigon shall each appoint one person to render an appraisal of the fair market value of such stock or equity interest, which appraisals shall be rendered by written decision within thirty (30) days of the appointment of the second of the two appraisers. If the higher of the resulting two appraisals is not more than fifteen percent (15%) higher than the lower of the two appraisals, the average (I.E., the mean) of the two appraisals will be final and conclusive upon both parties. If the higher of the resulting two appraisals is more than fifteen (15%) higher than the lower of the two appraisals, the two persons so chosen shall, within five (5) days of the rendering of written appraisals by both appraisers, appoint a third impartial appraiser, who shall render by written decision an appraisal within thirty (30) days thereafter. In the event of such an appointment of a third appraiser, the average (I.E., the mean) of the appraised value rendered by such third appraiser and the closest to such third appraiser's appraised value of the other two appraised values will be final and conclusive upon both parties. All appraisers shall be reasonably qualified and knowledgeable regarding the appraisal of businesses and stocks such as those of ANSLC. If either party fails to designate its appraiser as provided above, the appraiser designated by the other party will act as the sole appraiser and will be deemed to be the single, mutually approved appraiser to determine the fair market value of the stock or equity interest. In such event, the sole appraiser shall render his or her written decision within thirty (30) days of the expiration of said initial five (5) day period. ANSLC shall provide the appraisers with such financial and other information as the appraisers may reasonably request.
Appraisal of Fair Market Value. Starting after June 30, 2021, annually the Borrower shall procure and deliver to the Lender from an Approved Broker selected by the Lender a written appraisal setting forth the Fair Market Value of the Vessel as follows:
