FIRST VALUATION Sample Clauses

FIRST VALUATION. If, on the date of the EXERCISE of the BALANCE SHARES CALL RIGHT or the date of the EXERCISE of the BALANCE SHARES PUT RIGHT, as applicable, the SHARES OF PURCHASER STOCK (i) have been publicly traded for more than a month before said date, the SHARES OF PURCHASER STOCK shall be valued at 90% (ninety percent) of the average of the CLOSING PRICES PER SHARE for the 30 (thirty) consecutive trading days ending said date or (ii) have not been publicly traded for more than a month before said date, in which case the price of the SHARES OF PURCHASER STOCK shall be set by the PURCHASER, within one month (of the EXERCISE DATE), if it were to decide that the payment of the FIRST INSTALLMENT might not be made entirely in cash, the PURCHASER shall notify the SELLERS of the allocation of such payment between cash and SHARES OF PURCHASER STOCK (subject to the SELLERS prerogative contained in Section 4.1) and shall provide the SELLERS with all of the information that a public corporation is required to make available to the public, in accordance with US Stock Market regulations; if the SELLERS are not satisfied with the price proposed by the PURCHASER, and unless the PURCHASER has received a formal valuation from an independant third party in the 3 (three) months preceding the EXERCISE DATE, in which case the PURCHASER shall have the right to rely on said valuation, the SELLERS may, within a period of 2 (two) weeks (from the notification of the price of the SHARES OF PURCHASER STOCK set by the PURCHASER), request the US INDEPENDANT AUDITORS to calculate, within a 30 (thirty) day deadline, the value of the SHARES OF PURCHASER STOCK on the date of the EXERCISE of the BALANCE SHARES CALL RIGHT or the date of the EXERCISE of the BALANCE SHARES PUT RIGHT, as applicable.
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FIRST VALUATION. 2.1 Immediately following completion of the Development when the Affordable Dwellings are fit for occupation the Owner shall write to the Authority requesting that the Authority instruct the District Valuer to prepare a Valuation Report to provide (a) a Freehold Valuation and (b) an Approved Selling Price in the case of a freehold and (c) an Open Market Rental valuation in respect of any letting. The District Valuer will prepare his valuations as an expert not as an arbitrator. 2.2 The Owner will be responsible for payment of all fees and expenses of the District Valuer. not to be used for draft purposes SAMPLE s106 agreement 2.3 In the event of the Owner not requesting that the Authority to instruct the District Valuer in accordance with the above provisions, the Authority shall be at liberty to instruct the District Valuer and the costs of this Valuation Report will repaid to the Authority by the Owner. 2.4 In determining the (a) Freehold Valuation (b) Approved Selling Price or (c) Open Market Rental the District Valuer shall disregard any Over Investment.
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FIRST VALUATION. SAMPLE s106 agreement not to be used for draft purposes 2.1 Immediately following completion of the Development when the Affordable Dwelling is fit for occupation the Owner shall write to the Authority requesting that the Authority instruct the District Valuer to prepare a Valuation Report to provide (a) a Freehold Valuation and
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FIRST VALUATION. Immediately following completion of the Development when the Affordable Dwelling is fit for occupation the Owner shall write to the Authority requesting that the Authority instruct the District Valuer to prepare a Valuation Report to provide (a) a Freehold Valuation or where appropriate a Leasehold Valuation and (b) an Approved Selling Price in the case of a freehold and (c) an Open Market Rental valuation in respect of any letting. The District Valuer will prepare his valuations as an expert not as an arbitrator.
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Related to FIRST VALUATION

  • Annual Valuation The Trust shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Agency a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the fund. The failure of the Grantor or the Agency to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Agency shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.

  • Customs Valuation The Parties shall determine the customs value of goods traded between them in accordance with the provisions of Article VII of the GATT 1994 and the WTO Agreement on Implementation of Article VII of the GATT 1994.

  • Fair Market Value Fair Market Value of a share of Common Stock as of a particular date (the "Determination Date") shall mean: (a) If the Company's Common Stock is traded on an exchange or is quoted on the National Association of Securities Dealers, Inc. Automated Quotation ("NASDAQ"), National Market System, the NASDAQ SmallCap Market or the American Stock Exchange, LLC, then the closing or last sale price, respectively, reported for the last business day immediately preceding the Determination Date; (b) If the Company's Common Stock is not traded on an exchange or on the NASDAQ National Market System, the NASDAQ SmallCap Market or the American Stock Exchange, Inc., but is traded in the over-the-counter market, then the average of the closing bid and ask prices reported for the last business day immediately preceding the Determination Date; (c) Except as provided in clause (d) below, if the Company's Common Stock is not publicly traded, then as the Holder and the Company agree, or in the absence of such an agreement, by arbitration in accordance with the rules then standing of the American Arbitration Association, before a single arbitrator to be chosen from a panel of persons qualified by education and training to pass on the matter to be decided; or (d) If the Determination Date is the date of a liquidation, dissolution or winding up, or any event deemed to be a liquidation, dissolution or winding up pursuant to the Company's charter, then all amounts to be payable per share to holders of the Common Stock pursuant to the charter in the event of such liquidation, dissolution or winding up, plus all other amounts to be payable per share in respect of the Common Stock in liquidation under the charter, assuming for the purposes of this clause (d) that all of the shares of Common Stock then issuable upon exercise of all of the Warrants are outstanding at the Determination Date.

  • Target Fair Market Value The Company agrees that the Target Business that it acquires must have a fair market value equal to at least 80% of the balance in the Trust Account (excluding any taxes) at the time of signing the definitive agreement for the Business Combination with such Target Business. The fair market value of such business must be determined by the Board of Directors of the Company based upon standards generally accepted by the financial community, such as actual and potential sales, earnings, cash flow and book value. If the Board of Directors of the Company is not able to independently determine that the target business meets such fair market value requirement, the Company will obtain an opinion from an unaffiliated, independent investment banking firm, or another independent entity that commonly renders valuation opinions. The Company is not required to obtain such an opinion as to the fair market value if the Company’s Board of Directors independently determines that the Target Business does have sufficient fair market value.

  • Annual Evaluation The Partnership will be evaluated on an annual basis through the use of the Strategic Partnership Annual Evaluation Format as specified in Appendix C of OSHA Instruction CSP 00-00-000, OSHA Strategic Partnership Program for Worker Safety and Health. The Choate Team will be responsible for gathering required participant data to evaluate and track the overall results and success of the Partnership. This data will be shared with OSHA. OSHA will be responsible for writing and submitting the annual evaluation.

  • Market Value Market value shall be determined by the Lending Agent, where applicable, based upon the valuation policies adopted by the Client’s Board of Directors/Trustees.

  • Appraised Value If an Objecting Party objects in writing to the Initial Valuation within ten (10) days after its receipt of the Valuation Notice, the Objecting Party, within fourteen (14) days from the date of such written objection, shall engage an Independent Appraiser (the “First Appraiser”) to determine within thirty (30) days of such engagement the Fair Market Value of the Partnership Interests (the “First Appraised Value”). The cost of the First Appraiser shall be borne by the Objecting Party. If the First Appraised Value is at least eighty percent (80%) of the Initial Value and less than or equal to one hundred twenty percent (120%) of the Initial Value, then the Purchase Price shall be the average of the Initial Value and the First Appraised Value. If the First Appraised Value is less than eighty percent (80%) of the Initial Value or more than one hundred twenty percent (120%) of the Initial Value, then the Partnership and the Objecting Party shall, within fourteen (14) days from the date of the First Appraised Value, mutually agree on and engage a second Independent Appraiser (the “Final Appraiser”). The cost of the Final Appraiser shall be borne equally by the Partnership and the Objecting Party. The Final Appraiser shall determine within thirty (30) days after its engagement the Fair Market Value of the Partnership Interests, but if such determination is less than the lesser of the Initial Value and the First Appraised Value then the lesser of the Initial Value and the First Appraised value shall be the value or if such determination is greater than the greater of the Initial Value and the First Appraised Value then the greater of the Initial Value and the First Appraised Value shall be the value (the “Final Valuation”). The Purchase Price shall be equal to the Final Valuation and shall be final and binding upon the parties to this Agreement for purposes of the subject transaction.

  • Market Value Adjustment Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Valuation The Subscriber acknowledges that the price of the Securities was set by the Company on the basis of the Company’s internal valuation and no warranties are made as to value. The Subscriber further acknowledges that future offerings of Securities may be made at lower valuations, with the result that the Subscriber’s investment will bear a lower valuation.

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