Common use of Selection of Appraisers Clause in Contracts

Selection of Appraisers. Each of (A) the Member who is either contributing an asset to the Company, receiving an asset as a distribution from the Company or transferring an asset which is being valued hereunder (or, if there is no such Member, Xxxxxx) (the "Asset Member") and (B) the other Members shall designate by written notice to the Company and each Member a firm of recognized national standing familiar with appraisal techniques applicable to assets of the type being evaluated to serve as an Appraiser pursuant to this Section 8.9 (the firms designated by the Asset Member and the other Members being referred to herein as the "First Appraiser" and the "Second Appraiser," respectively) within five business days after the expiration of the ten day period referred to in clause (b) above. In the event that either the Asset Member or the other Members fail to designate its or their Appraiser within the foregoing time period, the other(s) shall have the right to designate such Appraiser by rectifying the failing party or parties in writing of such designation (and the Appraiser so designated shall be the First Appraiser or the Second Appraiser, as the case may be).

Selection of Appraisers. Each of (A) the Member who is either contributing an asset to the Company, receiving an asset as a distribution from the Company or transferring an asset which is being valued hereunder (or, if there is no such Member, XxxxxxUnited Grain) (the "Asset Member") and (B) the other Members shall designate by written notice to the Company and each Member a firm of recognized national standing familiar with appraisal techniques applicable to assets of the type being evaluated to serve as an Appraiser pursuant to this Section 8.9 (the firms designated by the Asset Member and the other Members being referred to herein as the "First Appraiser" and the "Second Appraiser," respectively) within five business days after the expiration of the ten day period referred to in clause (b) above. In the event that either the Asset Member or the other Members fail to designate its or their Appraiser within the foregoing time period, the other(s) shall have the right to designate such Appraiser by rectifying notifying the failing party or parties in writing of such designation (and the Appraiser so designated shall be the First Appraiser or the Second Appraiser, as the case may be).

Selection of Appraisers. Each of (A) the Member Partner who is either contributing an asset to the CompanyPartnership, receiving an asset as a distribution from the Company Partnership or transferring an asset which is being valued hereunder (or, if there is no such MemberPartner, XxxxxxATPH) (the "Asset MemberPartner") and (B) the other Members General Partners shall designate by written notice to the Company Partnership and each Member General Partner a firm of recognized national standing familiar with appraisal techniques applicable to assets of the type being evaluated to serve as an Appraiser pursuant to this Section 8.9 4.9 (the firms designated by the Asset Member Partner and the other Members General Partners being referred to herein as the "First Appraiser" and the "Second Appraiser," respectively) within five business days after the expiration failure to reach agreement in accordance with the terms of the ten day period referred to in clause (ba) above. In the event that either the Asset Member Partner or the other Members fail General Partners fails to designate its or their Appraiser within the foregoing time period, the other(s) other shall have the right to designate such Appraiser by rectifying notifying the failing party or parties in writing of such designation (and the Appraiser so designated shall be the First Appraiser or the Second Appraiser, as the case may be).

Selection of Appraisers. Each of (A) the Member Partner who is either contributing an asset to the CompanyPartnership, receiving an asset as a distribution from the Company Partnership or transferring an asset which is being valued hereunder (or, if there is no such MemberPartner, Xxxxxxthe ATI RP) (the "Asset MemberPartner") and (B) the other Members Representative Partners shall designate by written notice to the Company Partnership and each Member Representative Partner a firm of recognized national standing familiar with appraisal techniques applicable to assets of the type being evaluated to serve as an Appraiser pursuant to this Section 8.9 4.10 (the firms designated by the Asset Member Partner and the other Members Representative Partners being referred to herein as the "First Appraiser" and the "Second Appraiser," respectively) within five business days after the expiration failure to reach agreement in accordance with the terms of the ten day period referred to in clause (ba) above. In the event that either the Asset Member Partner or the other Members Representative Partners fail to designate its or their Appraiser within the foregoing time period, the other(s) other shall have the right to designate such Appraiser by rectifying notifying the failing party or parties in writing of such designation (and the Appraiser so designated shall be the First Appraiser or the Second Appraiser, as the case may be).