Company Valuation. Volume Warrants to purchase shares of Common Stock will become issuable in accordance with the following schedule: Upon the Company Achieving EBITDA Valuation of: Number of Volume Warrants Issuable to Purchase Common Stock One Time Cumulative $350,000,000 to $499,999,999 35,000 35,000 $500,000,000 to $749,999,999 20,000 55,000 $750,000,000 to $999,999,999 25,000 80,000 $1,000,000 or over 40,000 120,000 Volume Warrants will become issuable only once upon the achievement of each threshold during the Volume Warrant Term. Within one hundred and twenty (120) days of the end of each fiscal (calendar) year, the Company shall cause its accountants to calculate the Company’s EBITDA for the immediately preceding calendar year and deliver its calculation of this EBITDA to the Company and to Recipient. Recipient’s Volume Warrants that become issuable pursuant to this Section 1 will be deemed issuable as of the date Recipient is notified of the EBITDA Valuation.
Company Valuation. 30 ARTICLE 8 TRANSFER OF UNITS; ADMISSION OF MEMBERS Section 8.01. Limitation on Transfer 2830 Section 8.02. Drag Transaction 2931 Section 8.03. Mandatory Offer to Purchase 3032 Section 8.04. Additional Members 3133
Company Valuation. As promptly as reasonably practicable following the Effective Date, the Company shall undertake, or cause to be undertaken, an analysis to determine (i) the total enterprise value of the Company and (ii) the fair market value of the Units and the New First Lien Loan delivered to the Contributing Members, in each case, as of the Effective Date, taking into account all relevant information that may be available to the Company at such time, including, but not limited to, prices or quotes of third party transactions involving the Units and the New First Lien Loan, financial projections for the Company current as of the Effective Date, prevailing trading price for commodities relevant to the Company’s business (or futures or forward contracts thereon), prevailing trading prices for the equity of comparable issuers and any other factors that may be relevant to the Company’s total enterprise value at the Effective Date. For the avoidance of doubt, the Company’s determination of values under this Section 7.03 shall be made independent of the Enterprise Value under the Plan, which shall in no event be determinative of the Company’s determination of fair market value under this Section 7.03, notwithstanding that factors taken into account in determining the Enterprise Value under the Plan may also be taken into consideration for purposes of the Company’s determinations under this Section 7.03.
Company Valuation. The Company shall deliver to Parent a valuation of its assets, conducted by a nationally recognized valuation firm, within fifteen (15) days from the Closing Date.
Company Valuation. The Company Valuation shall not be below thirty-nine million and five hundred thousand (39,500,000) dollars as of immediately prior to the Closing.
Company Valuation. Prior to Closing, Buyer shall be satisfied that the Company has a valuation of at least $12,000,000.
Company Valuation. Each Class A Member agrees that within 30 days after the fourth anniversary of the Effective Date, the Company shall appoint a qualified independent appraiser to determine the Fair Market Value of all Units (pursuant to which Crosswinds will be designated as the “Purchaser” and the FNHC will be designated as the “Seller”) (such valuation, the “4-Year Valuation”), and the costs and fees of such appraisal shall be borne by the Company. If the Board is unable to select a qualified independent appraiser, then such 4-Year Valuation will be determined pursuant to the appraisal procedures of Section 8.8, including the provisions regarding allocation of costs and expenses.
Company Valuation. R-Tec shall have received the signed report from the Appraiser setting forth its determination of the Company Valuation, as provided in Section 1.2(a).
Company Valuation. The Shareholders shall have received the signed report from the Appraiser setting forth its determination of the Company Valuation, as provided in Section 1.2(a).
Company Valuation. Tianjin Cxxxx plans to increase the registered captital to Jiedian Technology by RMB300 million (“Capital Increase Amount”). As of the signing date of this Agreement, Parties agree that Jiedian’s valuation was RMB200 million before this Transaction. After Tianjin Cxxxx completed the capital increase to Jiedian, Jiedian’s valuation is RMB500 million.
