Common use of VALUATION OF THE JOINT VENTURE Clause in Contracts

VALUATION OF THE JOINT VENTURE. If the party in default does not cure the Event of Default within thirty (30) days of the Certification Date, the non-defaulting party may request a valuation of the joint venture as a going concern, which will include a valuation of the combined businesses of Vitrocrisa, VC Holding, Newco Finance, and the LLC (collectively, the "JOINT VENTURE"), within thirty (30) days of the expiration of the cure period. Within thirty (30) days of the date of such request, the CEOs will meet, and each CEO will select one investment banker, and the two selected investment bankers will then select a third investment banker, for the purpose of establishing a value for the Joint Venture as a going concern. Upon selection, each of the three investment bankers will independently determine the value for the Joint Venture as a going concern, the average of which will be deemed to be the joint venture value (the "JOINT VENTURE VALUE").

Appears in 2 contracts

Samples: Shareholders Agreement (Libbey Inc), Shareholders Agreement (Libbey Inc)

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VALUATION OF THE JOINT VENTURE. If the party in default does not cure the Event of Default within thirty (30) days of the Certification Date, the non-defaulting party may request a valuation of the joint venture as a going concern, which will include a valuation of the combined businesses of Vitrocrisa, VC Holding, Vitrocrisa, Newco Finance, and the LLC (collectively, the "JOINT VENTURE"), within thirty (30) days of the expiration of the cure period. Within thirty (30) days of the date of such request, the CEOs will meet, and each CEO will select one investment banker, and the two selected investment bankers will then select a third investment banker, for the purpose of establishing a value for the Joint Venture as a going concern. Upon selection, each of the three investment bankers will independently determine the value for the Joint Venture as a going concern, the average of which will be deemed to be the joint venture value (the "JOINT VENTURE VALUE").

Appears in 1 contract

Samples: Shareholders Agreement (Libbey Inc)

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VALUATION OF THE JOINT VENTURE. If the party in default does not cure the Event of Default within thirty (30) days of the Certification Date, the non-defaulting party may request a valuation of the joint venture as a going concern, which will include a valuation of the combined businesses of Vitrocrisa, VC Holding, Newco Finance, and the LLC Company (collectively, the "JOINT VENTUREVenture"), within thirty (30) days of the expiration of the cure period. Within thirty (30) days of the date of such request, the CEOs will meet, and each CEO will select one investment banker, and the two selected investment bankers will then select a third investment banker, for the purpose of establishing a value for the Joint Venture as a going concern. Upon selection, each of the three investment bankers will independently determine the value for the Joint Venture as a going concern, the average of which will be deemed to be the joint venture value (the "JOINT VENTURE VALUE").

Appears in 1 contract

Samples: Limited Liability Company Agreement (Libbey Inc)

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