Common use of Valuation of Investments Clause in Contracts

Valuation of Investments. (a) Whenever valuation of the LLC’s net worth or any particular asset, including an Investment, of the LLC is required by this Agreement, the Managing Member shall, as of a reasonable valuation date established by it, make a good faith determination of the “fair value” of all noncash assets of the LLC (if net worth is to be evaluated) or of such particular asset. Such determination of “fair value” with respect to any noncash asset shall be based upon all relevant factors, including, without limitation, type of security, marketability, liquidity, restrictions on disposition, recent purchases of the same or similar securities by other investors, pending mergers or acquisitions, current financial position and operating results, and risks and potential of the security.

Valuation of Investments. (a) Whenever Subject to the provisions of Section 8.04, whenever valuation of the LLC’s 's net worth or any particular asset, including an Investment, asset of the LLC is required by this Agreement, the Managing Member Class B Members shall, as of a reasonable valuation date established by itthem, make a good faith determination of the “"fair value” " of all noncash assets of the LLC (if net worth is to be evaluated) or of such particular asset. Such determination of “"fair value” " with respect to any noncash asset investment shall be based upon all relevant factors, including, without limitation, type of security, marketability, liquidity, restrictions on disposition, recent purchases of the same or similar securities by other investors, pending mergers or acquisitions, current financial position and operating results, and risks and potential of the security.