Valuation Methodology. For purposes of this Agreement, fair market value shall mean, as of a particular date, the value of the Account (determined in accordance with generally accepted accounting principles consistently applied), plus income accrued thereon less the liabilities related to the assets in the Account. Adviser shall reconcile security and cash positions , and market values, and report discrepancies to the Client.
Valuation Methodology. The underlying securities are valued by the Trustee on a daily basis using a methodology recognized by the FSC, one such being the Bloomberg Valuation Service (BVAL) methodology. Using the methodology, the Trustee will assign a market price to each underlying security. BVAL is the evaluated pricing service from Bloomberg, a leader in quality data and analytics. Prices are assigned on the bid side, which represents the price at which a market participant is willing to buy a security. These prices are independent, sourced from market data contributed by market participants. In the event that very significant price changes take place within a given day, the Trustee may limit the size of market changes to better reflect the prices that obtain based on an orderly market.
Valuation Methodology. For purposes of any distribution hereunder, the value of any non-cash property, including any equity securities or debt securities (the “Non-Cash Property”) shall be equal to either the Current Market Price (as defined below) or the Fair Market Value (as defined below) of such Non-Cash Property and will be determined as follows.
(1) In the event that, in accordance with the provisions hereof, Non-Cash Property is to be distributed, the Collateral Agent shall first determine whether such Non-Cash Property is a security that is listed, admitted to trading or quoted on a national securities exchange or the NASDAQ National Market System (a “Marketable Security”), and, for each Marketable Security, its Current Market Price. The “Current Market Price” of a Marketable Security shall be deemed to be the average of the daily closing prices of such Marketable Security on the principal national securities exchange on which such Marketable Security is listed or admitted to trading or, if such Marketable Security is not so listed, the average daily closing bid prices of such Marketable Security on the NASDAQ National Market System if such Marketable Security is quoted thereon, in any such case, for the 20 consecutive trading days ending on the trading day immediately preceding the record day set by the Collateral Agent for the distribution of such Non-Cash Property.
(2) Upon determination by the Collateral Agent that the Non-Cash Property to be distributed is not a Marketable Security (or that it is a Marketable Security, but its Current Market Price cannot be determined pursuant to clause (1) above), the Noteholders, the Additional Senior Secured Debt Holders and the Swap Creditors representing a majority of the then outstanding Aggregate Voting Credit with respect to the Finance Obligations shall promptly, but in any case within 30 days of receipt of a notice from the Collateral Agent of such determination: (i) appoint a nationally recognized investment bank (an “Independent Financial Expert”) with experience in similar transactions (for instance, transactions of a comparable size and magnitude) to determine the Fair Market Value of the Non-Cash Property to be distributed, and (ii) cause the Independent Financial Expert so appointed by it, to prepare and to deliver to the Collateral Agent a written report (a “Value Report”) specifying such Fair Market Value.
(3) The Company shall provide, and shall cause its subsidiaries to provide, the Independent Financial Expert w...
Valuation Methodology. (1) Step 1—Valuation of family-held inter- ests.
(2) Step 2—Subtract the value of senior eq- uity interests.
(3) Step 3—Allocate the remaining value among the transferred interests and other family-held subordinate equity interests.
(4) Step 4—Determine the amount of the gift.
(5) Adjustment in Step 2.
Valuation Methodology. The Borrower shall comply in all material respects with the Valuation Methodology. Unless the Agent reasonably consents to a replacement valuation agent, the Investment Adviser shall at all times use the valuation agent that is in place on the Closing Date.
Valuation Methodology. Each investment bank shall base its valuation on the assumption the (i) the sale is between a willing seller and a willing buyer; (ii) the Common Shares are sold free of all restrictions, liens, charges and other encumbrances; and (iii) the sale is taking place on the date on which the valuation of the Common Shares is determined.
Valuation Methodology. The fol- lowing methodology is used to deter- mine the amount of the gift when sec- tion 2701 applies.
Valuation Methodology. In general, specific financial instruments and other Assets of the Partnership are valued as follows:
Valuation Methodology. For purposes of this Agreement, fair market value shall be determined as per the provisions of Schedule C.
Valuation Methodology. The balance sheets of the above entities do not have any significant tangible assets or tangible net worth to form a basis for valuation. Accordingly, the valuation is based on pro forma discounted cash flow for the calendar years 2005 through 2009. In addition to a discount factor, a risk factor has also been applied to represent the fact that none of the contracts in place with respect to the above entities are long-term and that the continuance of their revenue streams is contingent on their quality of work, cost of service to the client and management of receivables and overhead costs. A term of five years is being utilized as forecasting pro forma financial results or operating results for a longer term has an extraordinary high risk of being inaccurate to the extent that could flaw the entire valuation process. Individual growth rate estimates were applied to each entity based upon its business base and the likelihood of its achieving the estimated growth. Jackson Staffing (Xxxxxxx) has two call center staff leasing operations with NCO, its only customer. The centers are located in Jackson, Michigan and Pennsylvania. At present, Xxxxxxx is at full capacity and no future growth can be anticipated unless NCO decides to expand its call center operations. NCO did sign a contract with Xxxxxxx for a term of two years; however, it can be cancelled by either party with thirty days written notice. As Xxxxxxx has been a provider to NCO for a number of years and has a close relationship with its management, a high probability exists for the first two years of keeping the business but decreases over time as call center services in third world countries grows to compete with the U.S. labor market. For purposes of this analysis, the results of operations for 2004 were used as the annual value for all five years. M&M Nursing (M&M) provides staff registered nurses to hospitals to fill their staffing needs both on a short and intermediate term basis. The previous owner and now manager of this operation is a registered nurse who merged his company into Solvis to be able to secure more volume work being associated with a larger organization. The M&M pro forma financial assume a 5% annual growth rate. This rate was selected taking into consideration the current high shortage of nursing resources offset by new immigration laws curtailing the hiring and relocation of foreign nursed to the United States. Based upon the ability of management to identify, background check an...
