Buyout Price Sample Clauses
The Buyout Price clause defines the amount or method for determining the sum that one party must pay to purchase the other party's interest or to terminate an agreement early. Typically, this clause outlines whether the price is fixed, based on a formula, or subject to appraisal, and may specify payment terms or timing. Its core function is to provide a clear, predetermined mechanism for valuing and transferring interests, thereby reducing disputes and uncertainty if a buyout situation arises.
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Buyout Price. The purchase price (Buyout Price), payable in Dollars, of the Power Plant as a result of the buyout shall be
(a) If the provisions of Sections 9.1 or 15.4.1 apply prior to the Commercial Operation Date of the last Plant, the purchase price payable, in United States dollars, shall be an amount equal to the aggregate of all the costs and expenses (including without limitation accrued interest and other costs incurred in financing the development of the Power Plants) incurred by the Operator in connection with the performance of its obligations under this Agreement as estimated by an independent accountant jointly appointed by the Parties plus an amount equal to ten percent (10%) of such aggregate costs.
(b) During the Cooperation Period the net present value of the remaining stream of payments for the Capacity Payments less Fixed Operating Cost Recovery fees for the rest of the Cooperation Period on the basis of the last Nominated Capacity, and using an annual discount rate equal to the last published Commercial Interest Reference Rate (CIRR) having the shortest maturity term for United States dollars published by the Organization for Economic Cooperation and Development (OECD) provided however that such discount rate shall not exceed nine point two six percent (9.26%) per annum. In calculating aggregate costs in accordance with clause (a), amounts disbursed by lenders shall be prima facie evidence of actual disbursements of costs and interest accrued (whether or not paid) shall be deemed actual disbursements. The actual rates of interest payable to lenders shall be the interest rate attributable to that portion of the Buyout Price.
Buyout Price. Where "n" = the number of twelve-month periods (including any fraction thereof) from the date on which the Section 9.01(d) Call is exercised to the fifth anniversary of the Closing Date."
Buyout Price. As a result of the Notice of Termination issued pursuant to ▇▇▇▇▇▇ ▇▇ . ▇ . ▇ (▇), (▇▇), (▇▇), or (v), the buyout price for the Project shall be as under:
i) If the Buyout event occurs after the commencement of construction but prior to Commercial Operation of the Project, the Government shall take over the project from the Company, for a consideration equivalent to 75% of the Realisable Value of Assets, or the Historical Depreciated Cost of the Project, whichever is lower, but at least equivalent to the Debt incurred and actually utilised on the Project by the Company and outstanding on the Date of Termination. The Buyout Price shall be determined by an independent registered valuation firm/valuer appointed by the Government.
ii) If the Buyout event occurs subsequent to Commercial Operation of the Project, the Government shall take over the project from the Company, for a consideration equivalent to the Realisable Value of Assets, or the Historical Depreciated Cost of the Project, whichever is lower, but at least equivalent to the Debt incurred and actually utilised on the Project by the Company and outstanding on the Date of Termination. The Buyout Price shall be determined by an independent registered valuation firm / valuer appointed by the Government.
Buyout Price. Buyout Price is the price stipulated by the relevant Buyout Agreement, for which the Lessor shall transfer the ownership title to the Equipment to the Lessee. The Lessee shall accept the Equipment into its ownership and pay the Buyout Price in accordance with the Buyout Agreement.
Buyout Price. (a) The price of the selling Party’s equity interest shall be:
(i) the net worth of the Company, to be determined by an audited balance sheet effective on the date of termination or buyout request, multiplied by the percentage of the Company’s registered capital contributed by the selling Party, plus;
(ii) an additional amount, if any, to be negotiated in good faith reflecting the fair market value of the Company as a going concern in light of the actual circumstances of the Company, the market value of similarly-sized companies in the same industry, recent or existing bona fide offers from third parties, and internationally accepted principles relevant to the determination of going concern value.
(b) If the price cannot be agreed upon within thirty (30) days of the Board meeting convened following the Requesting Party’s termination or buyout request, the value of the relevant equity interest shall be determined by a top-ranking Chinese foreign joint venture public accounting firm designated by the Parties and shall be approved by the relevant authority if required by law. Such valuation shall be completed within sixty (60) days of the date of appointment of the accounting firm. The fees associated with such valuation shall be borne by the selling Party. The value determined by such accounting firm shall be final and binding.
Buyout Price. The price of the selling Party’s Equity Interest shall be: the net equity of the Company, to be determined by a balance sheet effective on the date of termination, multiplied by the percentage of the Company’s registered capital contributed by the Selling Party, adjusted by an additional amount (which may be positive or negative), multiplied by the percentage of the Company’s registered capital contributed by the Selling Party, to be negotiated in good faith to reflect the overall going concern value of the Company’s business based on the actual circumstances of the Company and taking into account the market value of companies in similar industries and internationally accepted principles relevant to the determination of going concern value. If the price cannot be agreed upon within thirty (30) days of the Board meeting convened following the Requesting Party’s termination or buyout request, the Parties shall appoint a reputable, independent, and qualified appraiser to appraise the Company as a going concern by reference to the principles set forth above. Such valuation shall be completed within sixty (60) days of the date of appointment of the accounting firm. The fees associated with such valuation shall be borne by the selling Party. The value determined by such accounting firm shall be final and binding.
Buyout Price. Under a separate Buyout Agreement the Lessee shall pay in favor of the Lessor the amount of the Buyout Price of each Equipment item as the payment for transfer by the Lessor to the Lessee of title to the respective Equipment item. At the same time:
Buyout Price. (a) The purchase price for the Section 9.01(b) Put and the Section 9.01(b) Call (the "SECTION 9.01(b) BUYOUT PRICE") shall be determined in accordance with the following formula:
Section 9.01 (b) = Base Price x Aggregate Residual Reference Percentage Buyout Price
Buyout Price. Section 9.03 of the Agreement is hereby amended and restated in its entirety as follows:
Buyout Price. Subject to Article 8.8, the purchase price in dollars, payable pursuant to Article 8.5, will be the total remaining amount of the Capacity Fees (except Fixed Operating Fees) payable to CEPA pursuant to Article 7.5 until the transfer Date upon the assumption that the Nominated Capacity during each year of the Cooperation Period for such period is equal to the lower of the Nominated Capacity last nominated by CEPA and the Net Contracted Capacity and the resulting figure discounted to its value on the date of completion of the buyout by applying a discount rate equal to the last published Commercial Interest Reference Rate for dollars by the Organization for Economic Cooperation and Development Provided that no buyout may take place without the consent of CEPA if the purchase price calculated as above is not positive Provided further that if NPC is to buy out CEPA pursuant to Article 8.5 pursuant to a notice given by NPC not earlier than twenty (20) years after the Completion Date that NPC wishes to close the Power Station in calculating the purchase price pursuant to this Article the Service Fees shall be reduced by five per cent (5%).