Subsequent Appraisal Sample Clauses

Subsequent Appraisal. No earlier than 760 days and no later than 720 -------------------- days prior to the end of the Basic Term, as applicable, Lessee shall have the option to initiate the Appraisal Procedure, and at Lessee's cost and expense, to perform an appraisal of the Transponders to determine, as appropriate, the remaining useful commercial life, residual value and the Pre-emptibility Cost, and the Fair Market Sales Value and Fair Market Rental Value of the Transponders as of the end of such Basic Term or the First Renewal Term, as applicable (the "Subsequent Appraisal"). --------------------
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Subsequent Appraisal. No earlier than one-hundred-eighty (180) days nor later than one-hundred-twenty (120) days prior to the date by which the Final Notice must be given (if given) during the Basic Term, Lessee shall have the option to initiate the Appraisal Procedure, and at Lessee’s cost and expense, to cause an appraisal of Buyer’s Transponders to determine, as appropriate, the remaining economic useful life, residual value and the Fair Market Sales Value of Buyer’s Transponders as of the end of the Basic Term and any other items reasonably required by Owner Participant. In addition, no earlier than one-hundred-eighty (180) days nor later than one-hundred-twenty (120) days prior to the date by which the Final Notice must be given (if given) during the Renewal Term, Lessee shall have the option to initiate the Appraisal Procedure, and at Lessee’s cost and expense, to cause an appraisal of Buyer’s Transponders to be performed to determine the Fair Market Rental Value and the Fair Market Sales Value of Buyer’s Transponders as of the end of the Renewal Term. Any appraisal pursuant to this Section 20(c) shall be deemed a “Subsequent Appraisal.”
Sample 1
Subsequent Appraisal. With respect to any Advance relating to the purchase of material handling equipment for each Property, each of the Administrative Agent and the Lessor shall have received, at least five (5) Business Days prior to such Advance, an Appraisal of the applicable Property, in form and substance satisfactory to the Administrative Agent and the Lessor, which Subsequent Appraisal shall show that (i) in the case of Property acquired by the Lessor in fee simple, as of the Completion Date and as of the last day of the Basic Term, with respect to such Property, the Fair Market 5 Sales Value of such Property, including all Improvements thereon and to be constructed thereon in accordance with the Plans and Specifications for such Property, shall not be less than 85% of the sum of the Land Acquisition Cost, Existing Improvement Costs, and Estimated Improvement Costs for such Property and (ii) in the case of Property covered by a Ground Lease, as of the Completion Date and as of the last day of the Basic Term with respect to such Property, the Fair Market Sales Value of the Improvements to be constructed thereon in accordance with the Plans and Specifications for such Property shall not be less than 85% of the Estimated Improvement Costs for such Property. With respect to the Subsequent Appraisal, it is agreed that material handling equipment will be valued definitively at its installed cost, based upon purchase orders, contracts or other similar documentation, as opposed to its salvage value and such valuation shall not be based upon samples of such Equipment.
Sample 1
Subsequent Appraisal. No earlier than 760 days and no later -------------------- than 720 days prior to the end of the Basic Term or the First Renewal Term, as applicable, Lessee shall have the option to initiate the Appraisal Procedure, and at Lessee's cost and expense, to cause an appraisal of the Transponders to determine, as appropriate, the remaining useful commercial life, residual value and the Fair Market Sales Value of the Transponders as of the end of the Basic Term and the Fair Market Rental Value of the Transponders as of the end of the Basic Term or First Renewal Term, as applicable. In addition, no earlier than 180 days nor later than 120 days prior to the end of the First Renewal Term, Lessee shall have the option to initiate the Appraisal Procedure, and at Lessee's cost and expense, to cause an appraisal of the Transponders to be performed to determine the Fair Market Rental Value and the Fair Market Sales Value of the Transponders as of the end of such Renewal Term. Any appraisal pursuant to this Section 20(c) shall be deemed a "Subsequent Appraisal."
Sample 1

Related to Subsequent Appraisal

  • Independent Appraiser A Person with no material current or prior business or personal relationship with the Advisor or the Directors and who is a qualified appraiser of Real Property of the type held by the Company or of other Assets as determined by the Board. Membership in a nationally recognized appraisal society such as the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers shall be conclusive evidence of such qualification as to Real Property.

  • Appraisal The Mortgage File contains an appraisal of the related Mortgaged Property with an appraisal date within 6 months of the Mortgage Loan origination date, and within 12 months of the Cut-off Date. The appraisal is signed by an appraiser that (i) was engaged directly by the originator of the Mortgage Loan or the Mortgage Loan Seller, or a correspondent or agent of the originator of the Mortgage Loan or the Mortgage Loan Seller, and (ii) to the Mortgage Loan Seller’s knowledge, had no interest, direct or indirect, in the Mortgaged Property or the Mortgagor or in any loan made on the security thereof, and whose compensation is not affected by the approval or disapproval of the Mortgage Loan. Each appraiser has represented in such appraisal or in a supplemental letter that the appraisal satisfies the requirements of the “Uniform Standards of Professional Appraisal Practice” as adopted by the Appraisal Standards Board of the Appraisal Foundation.

  • Waiver of Appraisal Rights Each Stockholder hereby waives any rights of appraisal or rights to dissent from the Merger.

  • The Appraisal The Mortgage Loan Documents contain an appraisal of the related Mortgaged Property by an appraiser who is licensed in the state where the Mortgaged Property is located, and who had no interest, direct or indirect, in the Mortgaged Property or in any loan made on the security thereof; and whose compensation is not affected by the approval or disapproval of the Mortgage Loan, and the appraisal and the appraiser both satisfy the applicable requirements of Title XI of the Financial Institution Reform, Recovery, and Enforcement Act of 1989 and the regulations promulgated thereunder, all as in effect on the date the Mortgage Loan was originated;

  • 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.

  • Updated Appraisals For so long as the Loan remains outstanding, if any Event of Default shall occur hereunder, or if, in Lender’s judgment, a material depreciation in the value of the Land and/or the Improvements shall have occurred, then in any such event, Lender, may cause the Land and Improvements to be appraised by an appraiser selected by Lender, and in accordance with Lender’s appraisal guidelines and procedures then in effect, and Borrower agrees to cooperate in all respects with such appraisals and furnish to the appraisers all requested information regarding the Land and Improvements and the Facility. Borrower agrees to pay all reasonable costs incurred by Lender in connection with such appraisal which costs shall be secured by the Mortgage and shall accrue interest at the Default Rate until paid.

  • No Exercise of Appraisal Rights Such Stockholder forever waives and agrees not to exercise any appraisal rights or dissenters’ rights in respect of such Stockholder’s Subject Shares that may arise in connection with the Merger unless the Merger Agreement is validly terminated in accordance with its terms.

  • Financial Examination and Appraisal Fees Bank's customary fees and out-of-pocket expenses for Bank's audits of Borrower's Accounts, and for each appraisal of Collateral and financial analysis and examination of Borrower performed from time to time by Bank or its agents;

  • Statutory Rights of Appraisal (i) Notwithstanding anything to the contrary set forth in this Agreement, all shares of Company Common Stock that are issued and outstanding immediately prior to the Effective Time and held by Company Stockholders who shall neither have voted in favor of the Merger nor consented thereto in writing and who shall have properly and validly perfected their statutory rights of appraisal in respect of such shares of Company Common Stock in accordance with Section 262 of the DGCL (collectively, “Dissenting Company Shares”) shall not be converted into, or represent the right to receive, the Merger Consideration pursuant to Section 2.7(a), but shall be entitled only to such rights as are granted by the DGCL to a holder of Dissenting Company Shares. At the Effective Time, the Dissenting Company Shares shall no longer be outstanding and shall automatically be cancelled and cease to exist, and each Company Stockholder who holds Dissenting Company Shares shall cease to have any rights with respect thereto, except the right to receive payment of the appraised value of such Dissenting Company Shares in accordance with the provisions of Section 262 of the DGCL; provided, however, that all Dissenting Company Shares held by Company Stockholders who shall have failed to perfect or who shall have effectively withdrawn or lost their rights to appraisal of such Dissenting Company Shares under such Section 262 of the DGCL shall no longer be considered to be Dissenting Company Shares and shall thereupon be deemed to have been converted into, and to have become exchangeable for, as of the Effective Time, the right to receive the Merger Consideration, without interest thereon, upon surrender of the certificate or certificates that formerly evidenced such shares of Company Common Stock in the manner provided in Section 2.8.

  • Subsequent Recalculation In the event the Internal Revenue Service adjusts the computation of the Company under Section 5.2 herein so that the Executive did not receive the greatest net benefit, the Company shall reimburse the Executive for the full amount necessary to make the Executive whole, plus a market rate of interest, as determined by the Committee, within 30 days after such adjustment.

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