Examples of Annual Appraisal in a sentence
The Company acknowledges and agrees that, prior to the IPO Closing Date, so long as any Company Shares are held by the Trust and the Class B Common Stock is not eligible for trading in an established securities market, the Company Shares will be appraised by an independent appraiser, as defined in Section 401(a)(28) of the Code, at least once each Plan year, as required by Article I, paragraph (x), of the Plan (the "Annual Appraisal").
In the event that the Alternative Annual Appraisal determines the Fair Market Value is greater than or equal to 4% higher or lower than the Fair Market Value in the Annual Appraisal, then the Fair Market Value shall be deemed to be the average between the Annual Appraisal and the Alternative Annual Appraisal, and the fees and expenses of the Alternative Annual Appraisal shall be borne by the Company.
The purchase price of the Capital Stock subject to such repurchase pursuant to this Section 2 shall be, the Fair Market Value determined pursuant to the most recently completed Annual Appraisal (as defined below) or Alternative Annual Appraisal (as defined below), as the case may be, as of the Sale Right Notice Date.
Annual Appraisal of Aircraft and Leases.............................................................74 7.20.
If a reappraisal notice is given pursuant to this Section 7.1(b)(ii) but the Appraisals are not delivered pursuant to this Section 7.1(b)(ii) within the time period required hereby, the Appraised Value of the Ski Resort Properties shall be determined on the basis of the Annual Appraisal to which such reappraisal notice related, and the change therein shall become effective on the date when the Appraisals were required to be delivered pursuant to this Section 7.1(b)(ii).
A change in the Appraised Value of the Ski Resort Properties reflected in any Annual Appraisal shall become effective on the fifteenth day following the date when the Administrative Agent delivers to ASC a final copy of such Annual Appraisal unless a notice of reappraisal is delivered to the Administrative Agent on or before such day pursuant to Section 7.1(b)(ii) (in which case the procedures specified in such Section shall become applicable).
Within 15 days thereafter, the Company and Management Stockholders shall mutually agree on an alternative independent appraiser (“Alternative Annual Appraiser”) who shall be engaged to promptly determine the Fair Market Value of the Company as of the applicable Annual Appraisal Date.
AFFIRMATIVE COVENANTS 40 5.1 Financial Statements 40 5.2 Certificates; Other Information 41 5.3 Payment of Obligations 42 5.4 Acknowledgements 42 5.5 Maintenance of Existence; Compliance 42 5.6 Maintenance of Property; Insurance 42 5.7 Inspection of Property; Books and Records; Discussions 43 5.8 Notices 43 5.9 Environmental Laws 43 5.10 Annual Appraisal; Vessel Utilization 44 5.11 Additional Collateral, etc 44 5.12 Interest Rate Hedge Agreements 44 5.13 Commitment Fee 44 5.14 Perfection 44 SECTION 6.
The costs and expenses of the Annual Appraisal shall be borne solely by the Company.
Annual Appraisal......................................................