Common use of Selection of and Procedure for Third Appraiser Clause in Contracts

Selection of and Procedure for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the ATI Appraiser and the Transferee Appraiser shall agree upon and jointly designate a third firm of recognized national standing familiar with appraisal techniques applicable to the determination of the Appraisal Number of ATI Shares to serve as an appraiser pursuant to this Section 1.3 (the "Third Appraiser"), by written notice to each of ATI and Transferee. ATI and Transferee shall direct the Third Appraiser to determine the Appraisal Number of ATI Shares (the "Third Value") in accordance with the provisions of paragraph (c) above, and to deliver to ATI and Transferee an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 1.3, and to that end the parties will provide to the Third Appraiser a complete and correct copy of this Section 1.3 (and the definitions of capitalized terms used in this Section 1.3 that are defined elsewhere).

Appears in 1 contract

Samples: Investment Agreement (Airtouch Communications)

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Selection of and Procedure for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the ATI Appraiser and the Transferee USW Appraiser shall agree upon and jointly designate a third firm of recognized national standing familiar with appraisal techniques applicable to the determination of the Appraisal Number of ATI Shares to serve as an appraiser pursuant to this Section 1.3 (the "Third Appraiser"), by written notice to each of ATI and TransfereeUSW. ATI and Transferee USW shall direct the Third Appraiser to determine the Appraisal Number of ATI Shares (the "Third Value") in accordance with the provisions of paragraph (c) above, and to deliver to ATI and Transferee USW an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 1.3, and to that end the parties will provide to the Third Appraiser a complete and correct copy of this Section 1.3 (and the definitions of capitalized terms used in this Section 1.3 that are defined elsewhere).

Appears in 1 contract

Samples: Agreement of Exchange (Airtouch Communications)

Selection of and Procedure for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the ATI Appraiser and the Transferee Appraiser shall agree upon and jointly designate a third firm of recognized national standing familiar with appraisal techniques applicable to the determination of the Appraisal Number of ATI Shares to serve as an appraiser pursuant to this Section 1.3 (the "Third Appraiser"), by written notice to each of ATI and Transferee. ATI and Transferee shall direct the Third Appraiser to determine the Appraisal Number of ATI Shares (the "Third Value") in accordance with the provisions of paragraph (c) above, and to deliver to ATI and Transferee an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 1.3, and to that end the parties will provide 110 to the Third Appraiser a complete and correct copy of this Section 1.3 (and the definitions of capitalized terms used in this Section 1.3 that are defined elsewhere).

Appears in 1 contract

Samples: Investment Agreement (Airtouch Communications)

Selection of and Procedure for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the ATI First Appraiser and the Transferee Second Appraiser shall agree upon and jointly designate a third firm of recognized national standing familiar with appraisal techniques applicable to the determination assets of the Appraisal Number of ATI Shares type being evaluated to serve as an appraiser pursuant to this Section 1.3 4.9 (the "Third Appraiser"), by written notice to each of ATI and TransfereeGeneral Partner. ATI and Transferee The General Partners shall direct the Third Appraiser to determine the Appraisal Number Fair Market Value of ATI Shares the asset (the "Third Value") in accordance with the provisions of paragraph subparagraph (cii) above, and to deliver to ATI and Transferee the General Partners an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 1.34.9, and to that end the parties will provide to the Third Appraiser a complete and correct copy of this Section 1.3 4.9 (and the definitions of capitalized terms used in this Section 1.3 4.9 that are defined elsewhereelsewhere in this Agreement).

Appears in 1 contract

Samples: Airtouch Communications

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Selection of and Procedure for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the ATI First Appraiser and the Transferee Second Appraiser shall agree upon and jointly designate a third firm of recognized national standing familiar with appraisal techniques applicable to the determination assets of the Appraisal Number of ATI Shares type being evaluated to serve as an appraiser pursuant to this Section 1.3 4.10 (the "Third Appraiser"), by written notice to each of ATI and TransfereeRepresentative Partner. ATI and Transferee The Representative Partners shall direct the Third Appraiser to determine the Appraisal Number Fair Market Value or Private Market Value, as the case may be, of ATI Shares the asset (the "Third Value") in accordance with the provisions of paragraph subparagraph (cii) above, and to deliver to ATI and Transferee the Representative Partners an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 1.34.10, and to that end the parties will provide to the Third Appraiser a complete and correct copy of this Section 1.3 4.10 (and the definitions of capitalized terms used in this Section 1.3 4.10 that are defined elsewhereelsewhere in this Agreement).

Appears in 1 contract

Samples: Investment Agreement (Airtouch Communications)

Selection of and Procedure for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the ATI Appraiser and the Transferee USW Appraiser shall agree upon and jointly designate a third firm of recognized national standing familiar with appraisal techniques applicable to the determination of the Appraisal Number of ATI Shares to serve as an appraiser pursuant to this Section 1.3 (the "Third Appraiser"), by written notice to each of ATI and TransfereeUSW. ATI and Transferee USW shall direct the Third Appraiser to determine the Appraisal Number of ATI Shares (the "Third Value") in accordance with the provisions of paragraph (cSection 1.3(c) above, and to deliver to ATI and Transferee USW an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 1.3, and to that end the parties will provide to the Third Appraiser a complete and correct copy of this Section 1.3 (and the definitions of capitalized terms used in this Section 1.3 that are defined elsewhere).

Appears in 1 contract

Samples: Trust Agreement (Airtouch Communications)

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