Common use of Valuation of Property Clause in Contracts

Valuation of Property. Should the purchase price specified in the Transfer Notice be payable in property other than cash or evidences of indebtedness, SangStat shall have the right to pay the purchase price in the form of cash equal in amount to the value of such property. If Xxxxxx and SangStat cannot agree on such cash value within ten (10) days after SangStat's receipt of the Transfer Notice, the valuation shall be made by an appraiser of recognized standing selected by Xxxxxx and SangStat or, if they cannot agree on an appraiser within twenty (20) days after SangStat's receipt of the Transfer Notice, each shall select an appraiser of recognized standing and the two appraisers shall designate a third appraiser of recognized standing, whose appraisal shall be determinative of such value. The cost of such appraisal shall be shared equally by Xxxxxx and SangStat. If the time for the closing of SangStat's purchase but for the determination of the value of the purchase price offered by the prospective transferee(s), then such closing shall held on or prior to the fifth business day after such valuation shall have been made pursuant to this subsection.

Appears in 2 contracts

Samples: Right of First Refusal Agreement (Abbott Laboratories), Right of First Refusal Agreement (Sangstat Medical Corp)

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Valuation of Property. Should the purchase price Equity Purchase Price specified in the Transfer Financing Notice be payable in property other than cash or evidences of indebtednesscash, SangStat the Holders shall have the right to pay the purchase price Equity Purchase Price in the form of cash equal in amount to the value of such property. If Xxxxxx the participating Holders and SangStat the Company cannot agree on such cash value within ten (10) 10 business days after SangStat's the Holder’s receipt of the Transfer Financing Notice, the valuation shall be made by an appraiser of recognized standing selected by Xxxxxx the participating Holders and SangStat the Company or, if they cannot agree on such an appraiser within twenty (20) 10 calendar days after SangStat's receipt of the Transfer Noticethereafter, each shall select an appraiser of recognized standing standing, and the two appraisers shall promptly designate a third appraiser of recognized standing, whose appraisal shall be determinative of such value. The cost of such appraisal shall be shared equally by Xxxxxx the participating Holders and SangStatthe Company. If the time for the closing of SangStat's the participating Holders’ purchase has expired but for the determination of the value of the purchase price offered by Equity Purchase Price set forth in the prospective transferee(s)Financing Notice, then such closing shall be held on or prior to the fifth business day after such valuation shall have been made pursuant to this subsection.

Appears in 1 contract

Samples: Investor Rights Agreement (Healthaxis Inc)

Valuation of Property. Should the purchase price specified in the Transfer Notice notice be payable in property other than cash or evidences of indebtedness, SangStat the Investors shall have the right to pay the purchase price in the form of cash equal in amount to the value of such property. If Xxxxxx the Investors and SangStat the Company cannot agree on such cash value within ten fifteen (1015) days after SangStat's the receipt of the Transfer Noticenotice, the valuation shall be made by an appraiser of recognized standing selected by Xxxxxx the Investors and SangStat the Company or, if they cannot agree on an appraiser within twenty (20) days after SangStat's the receipt of the Transfer Noticenotice, each shall select an appraiser of recognized standing and the two appraisers shall designate a third appraiser of recognized standing, whose appraisal shall be determinative of such value. The cost of such appraisal shall be shared equally by Xxxxxx the Investors and SangStatthe Company. Either Investor may elect, either before or after an appraisal has been completed, to withdraw its offer to purchase New Securities, in which event any costs associated with the selection and retention of appraiser(s) shall be borne by the Investors. If the time for the closing of SangStat's the purchase has expired but for the determination of the value of the purchase price offered by the prospective transferee(s)price, then such closing shall be held on or prior to the fifth business day after such valuation shall have been made pursuant to this subsection.

Appears in 1 contract

Samples: Investor Rights Agreement (Leap Technology Inc / De)

Valuation of Property. Should the purchase price specified in --------------------- the Transfer Notice be payable in property other than cash or evidences of indebtedness, SangStat the Company shall have the right to pay the purchase price in the form of cash equal in amount to the value of such property. If Xxxxxx Subscriber and SangStat the Company cannot agree on such cash value within ten (10) days after SangStatthe Company's receipt of the Transfer Notice, the valuation shall be made by an appraiser of recognized standing selected by Xxxxxx the Subscriber and SangStat the Company or, if they cannot agree on an appraiser within twenty (20) days after SangStatthe Company's receipt of the Transfer Notice, each shall select an appraiser of recognized standing and the two appraisers shall designate a third appraiser of recognized standing, whose appraisal shall be determinative of such value. The cost of such appraisal appr xxxxx shall be shared equally by Xxxxxx Subscriber and SangStatthe Company, with the half of the cost borne by the Company and Subscriber. If the time for the closing of SangStatthe Company's purchase has expired but for the determination of the value of the purchase price offered by the prospective transferee(s), then such closing shall be held on or prior to the fifth business day after such valuation shall have been made pursuant to this subsection.

Appears in 1 contract

Samples: Stock Subscription Agreement (Clearcommerce Corp)

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Valuation of Property. Should the purchase price specified in the Transfer Notice notice be payable in property other than cash or evidences of indebtedness, SangStat the Investor shall have the right to pay the purchase price in the form of cash equal in amount to the value of such property. If Xxxxxx the Investor and SangStat the Company cannot agree on such cash value within ten fifteen (1015) days after SangStat's the receipt of the Transfer Noticenotice, the valuation shall be made by an appraiser of recognized standing selected by Xxxxxx the Investor and SangStat the Company or, if they cannot agree on an appraiser within twenty (20) days after SangStat's the receipt of the Transfer Noticenotice, each shall select an appraiser of recognized standing and the two appraisers shall designate a third appraiser of recognized standing, whose appraisal shall be determinative of such value. The cost of such appraisal shall be shared equally by Xxxxxx the Investor and SangStatthe Company. The Investor may elect, either before or after an appraisal has been completed, to withdraw its offer to purchase New Securities, in which event any costs associated with the selection and retention of appraiser(s) shall be borne by Investor. If the time for the closing of SangStat's the purchase has expired but for the determination of the value of the purchase price offered by the prospective transferee(s)price, then such closing shall be held on or prior to the fifth business day after such valuation shall have been made pursuant to this subsection.

Appears in 1 contract

Samples: Investor's Rights Agreement (Seal Holdings Corp)

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