Initial Valuation Sample Clauses
The Initial Valuation clause establishes the starting value of an asset, company, or investment for the purposes of a contract or agreement. Typically, this clause specifies the method or criteria used to determine the initial value, such as referencing a recent appraisal, a mutually agreed-upon figure, or a third-party assessment. By clearly defining the initial valuation, the clause ensures both parties have a common understanding of the asset's worth at the outset, which is essential for calculating future payments, equity splits, or adjustments, and helps prevent disputes over value later in the relationship.
Initial Valuation. The initial value of each property will be based on an independent appraisal at the time of closing of the purchase (or the contract price relating to the purchase, if there is no independent appraisal at the time of closing), which may result in a potential unrealized gain or loss reflecting the difference between the investment’s fair value and its cost basis (which is inclusive of all expenses relating to purchase, such as acquisition fees, legal fees and expenses, and other closing costs).
Initial Valuation. The Liquidation Trustee shall file with the Bankruptcy Court as soon as practicable after the Effective Date an initial valuation of the Trust Assets, as more particularly described in Section II.F of this Agreement.
Initial Valuation. The first Valuation instructed pursuant to this clause 8 shall be the Initial Valuation and shall be prepared as at the day immediately prior to the Completion Date.
Initial Valuation. Unless otherwise stated in this Agreement, the purchase price for the purchase or transfer of any Interest in the Company shall be the Agreed Value of each Share of the Company, multiplied by the number of Shares comprising the Interest of the Member whose Interest is being sold or transferred. The Agreed Value of each Share of the Company as of the date hereof is set forth in the Certificate of Agreed Value attached hereto as Schedule 2. Within four months after the end of each calendar year, the Members shall determine a new Agreed Value of each Share of the Company which shall be net of any Company liabilities, and shall state such new Agreed Value in a writing signed by all of the Members. In the event that more than two (2) years have elapsed since the determination of the last Agreed Value, the purchase price shall be determined as set forth in Subparagraph (b) below.
Initial Valuation. As used herein, the “Fair Market Value” of a D▇▇▇▇▇▇ Share shall be determined in accordance with the provisions of this Section 2.02 (with the date such Fair Market Value is finally determined hereunder being referred to herein as the “Valuation Date”).
i. The board of directors of the Corporation (“Board” or “Board of Directors”) shall determine the Fair Market Value of each D▇▇▇▇▇▇ Share as of the Effective Date (“Initial Valuation”), which Initial Valuation may, but need not, be based on the opinion of an independent appraiser engaged by the Corporation upon authorization by the Board.
ii. All costs incurred in connection with the Initial Valuation shall be borne by the Corporation. The Initial Valuation shall be set forth in a written notice (the “Valuation Notice”) delivered by the Corporation to D▇▇▇▇▇▇ (or her legal representative) as soon as practicable following the Board’s receipt of the independent appraiser’s opinion, if any, with respect to the value of the D▇▇▇▇▇▇ Shares, but in any event within 60 days following the Effective Date or the Exercise Date, as the case may be.
iii. If D▇▇▇▇▇▇ (or her legal representative) shall not have disputed the Initial Valuation by delivery of a written notice of said dispute to the Corporation within 20 days after the Corporation’s delivery of the Valuation Notice, the Initial Valuation shall be binding upon the parties as the Fair Market Value.
Initial Valuation