Common use of First Appraisal Clause in Contracts

First Appraisal. The written notice invoking the Appraisal Process shall state that the Appraisal Process is being invoked and shall set forth the name and address of the unrelated third party appraiser selected by the party invoking the Appraisal Process. Any appraiser selected pursuant to this Section shall be a Person qualified with respect to determining the fair market value of the shares of Stock or other property that is in question. The party to the purchase and sale transaction who did not invoke the Appraisal Process shall have ten (10) days following the notice of the selection of the first appraiser to select a second unrelated third party appraiser by sending to the other party written notice setting forth the name and address of the second appraiser. If a second appraiser is not selected within the 10 day time period, the appraiser selected by the party invoking the Appraisal Process shall prepare his appraisal report and submit it to the owner of the shares of Stock and the Company within sixty (60) days following the notice of his selection as an appraiser, in which case the Appraisal Process shall be concluded and the fair market value of the property in question shall be the amount set forth in the appraiser's report.

Appears in 2 contracts

Samples: Stockholders Agreement (Digital Television Services of Indiana LLC), Stockholders Agreement (Digital Television Services of Kansas LLC)

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First Appraisal. The written notice invoking the Appraisal Process shall state that the Appraisal Process is being invoked and shall set forth the name and address of the unrelated third party appraiser selected by the party invoking the Appraisal Process. Any appraiser selected pursuant to this Section shall be a Person qualified with respect to determining the fair market value of the shares of Stock or other property that is in question. The party to the purchase and sale transaction who did not invoke the Appraisal Process shall have ten (10) days 134 following the notice of the selection of the first appraiser to select a second unrelated third party appraiser by sending to the other party written notice setting forth the name and address of the second appraiser. If a second appraiser is not selected within the 10 day time period, the appraiser selected by the party invoking the Appraisal Process shall prepare his appraisal report and submit it to the owner of the shares of Stock and the Company within sixty (60) days following the notice of his selection as an appraiser, in which case the Appraisal Process shall be concluded and the fair market value of the property in question shall be the amount set forth in the appraiser's report.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Digital Television Services of Kansas LLC)

First Appraisal. The written notice invoking the Appraisal Process shall state that must be delivered to the Appraisal Process is being invoked selling Member within ten (10) days following receipt of the purchasing Member's determination of the fair market value and shall set forth the name and address of the an unrelated third party appraiser selected by the party invoking the Appraisal Process. Any appraiser selected pursuant to this Section Appraisal Exhibit shall be a Person qualified with respect to determining the fair market value of the shares Interest of Stock or other property that the LLC which is in questionto be sold. The party to the purchase and sale transaction who did not invoke the Appraisal Process purchasing Member shall thereafter have ten (10) days following its receipt of the notice of the selection of the first appraiser to select a second unrelated third party appraiser by sending to the other party written notice setting forth the name and address of the second appraiser. If a second appraiser is not selected within the 10 day time period, the appraiser selected by the party invoking the Appraisal Process shall prepare his appraisal report and submit it to the owner of the shares of Stock and the Company such party within sixty (60) days following the notice of his selection as an appraiser, in which case the Appraisal Process shall be concluded and the fair market value of the property in question Interest to be sold shall be the amount set forth in the appraiser's report.

Appears in 1 contract

Samples: Supply Agreement (Aldila Inc)

First Appraisal. The written notice invoking the Appraisal Process shall state that the Appraisal Process is being invoked and shall set forth the name and address of the unrelated third party appraiser selected by the party invoking the Appraisal Process. Any appraiser selected pursuant to this Section Appraisal Exhibit shall be a Person qualified with respect to determining the fair market value of the shares of Stock Interest or other property that is in question. The party to the purchase and sale transaction who did not invoke the Appraisal Process shall have ten (10) days following the notice of the selection of the first appraiser to select a second unrelated third party appraiser by sending to the other party written notice setting forth the name and address of the second appraiser. If a second appraiser is not selected within the 10 day time period, the appraiser selected by the party invoking the Appraisal Process shall prepare his appraisal report and submit it to the owner of the shares of Stock Interest and the Company within sixty (60) days following the notice of his selection as an appraiser, in which case the Appraisal Process shall be concluded and the fair market value of the property in question shall be the amount set forth in the appraiser's ’s report.

Appears in 1 contract

Samples: Joint Venture Agreement (Clean Coal Technologies Inc.)

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First Appraisal. The written notice invoking the Appraisal Process shall state that the Appraisal Process is being invoked and shall set forth the name and address of the unrelated third party appraiser selected by the party invoking the Appraisal Process. Any appraiser selected pursuant to this Section Appraisal Exhibit shall be a Person qualified with respect to determining the fair market value of the shares of Stock Interest or other property that is in question. The party to the purchase and sale transaction who did not invoke the Appraisal Process shall have ten (10) days following the notice of the selection of the first appraiser to select a second unrelated third party appraiser by sending to the other party written notice setting forth the name and address of the second appraiser. If a second appraiser is not selected within the 10 day time period, the appraiser selected by the party invoking the Appraisal Process shall prepare his appraisal report and submit it to the owner of the shares of Stock Interest and the Company LLC within sixty (60) days following the notice of his selection as an appraiser, in which case the Appraisal Process shall be concluded and the fair market value of the property in question shall be the amount set forth in the appraiser's report.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Digital Television Services of Kansas LLC)

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