Appraised Fair Market Value definition

Appraised Fair Market Value means, as of any date, in respect of shares of Common Stock, the Average Closing Price, if clauses (i), (ii) or (iii) of the definition of Average Closing Price applies or, if clause (iv) of such definition obtains, the Fair Market Value per share of Common Stock, as determined by a qualified independent appraiser of national standing having not less than five (5) years' experience in the valuation of securities, the selection of which is mutually agreed by the Holder and the Company. In all cases where Appraised Fair Market Value is determined by an independent appraiser, as aforesaid, one half of such appraiser's fees and expenses shall be paid by each of the Holder and the Company. For the purposes of this definition, the agreement of the Holders of a majority in interest of the Warrants issued as of this date shall be deemed to be approval of all Holders of Warrants issued pursuant to the Securities Purchase Agreement.

Appraised Fair Market Value means, at any time, with respect to any applicable Eligible Real Property, the fair market value of such Real Property, as determined by reference to the most recent third-party appraisal of such Real Property received by the Administrative Agent in accordance with the terms hereof.

Appraised Fair Market Value means, at any date of determination, the fair market value determined by an appraiser selected by Agent and pursuant to a methodology acceptable to Agent in its Permitted Discretion.

Examples of Appraised Fair Market Value in a sentence

• The Parties shall direct the third appraiser (i) to select one of the appraisals generated by the first two appraisers as the Appraised Fair Market Value of the Facility (without compromise, aka "baseball" arbitration), and (ii) to complete his or her work within one month following his or her retention.

• If for any reason (other than failure by Seller to provide full access to Company's appraiser) one of the appraisals is not completed within such two (2) month period, the results of the other, completed appraisal shall be deemed to be the Appraised Fair Market Value of the Facility.

• If for any reason (other than failure by Seller to provide full access to Company’s appraiser) one of the appraisals is not completed within such two (2) month period, the results of the other, completed appraisal shall be deemed to be the Appraised Fair Market Value of the Facility.

• The Parties shall direct the third appraiser (i) to select one of the appraisals generated by the first two appraisers as the Appraised Fair Market Value of the Facility (without compromise, aka “baseball” arbitration), and (ii) to complete his or her work within one month following his or her retention.

• Additionally, Agent may, from time to time, at Borrowers' expense, obtain appraisals from appraisers (who may not be personnel of Agent), stating the then current Net Appraised Fair Market Value of all or any portion of the real Property or the fair market value or Net Orderly Liquidation Value of all or any other Property of any Borrower or any of its Restricted Subsidiaries, including without limitation the Inventory or Equipment of any Borrower and its Restricted Subsidiaries.

More Definitions of Appraised Fair Market Value

Appraised Fair Market Value means, at any time, with respect to any Eligible Real Property, the fair market value of such Real Property, as determined pursuant to the most recent Real Property Appraisal of such Eligible Real Property.

Appraised Fair Market Value means, with respect to any Real Property, the price at which a willing buyer, not an Affiliate of the seller, and a willing seller who does not have to sell, would agree to purchase and sell such Real Property, as determined by an Appraiser in an appraisal in form and substance reasonably satisfactory to Administrative Agent.

Appraised Fair Market Value with respect to any Railcar, means the amount set forth in the Independent Appraisal with respect thereto as the amount, expressed in terms of Dollars, that may reasonably be expected for property exchanged between a willing buyer and a willing seller with equity to both, neither under any compulsion to buy or sell and both fully aware of all relevant, reasonably ascertainable facts.

Appraised Fair Market Value shall be determined in accordance with the following procedures: MIL shall select an investment banking firm of recognized national standing (the "First Appraiser"), which shall appraise the Fair Market Value and deliver its appraisal to the Company, Telcom and MIL, within 60 days of its engagement. If Telcom shall disagree with the Fair Market Value determined by such appraiser, then Telcom shall have the right to appoint an additional investment banking firm of recognized national standing (the "Second Appraiser"). If Telcom does not engage a Second Appraiser within 30 days of the First Appraiser's delivery of its appraisal, the First Appraiser's appraisal shall be the Appraised Fair Market Value. If Telcom engages a Second Appraiser, the Second Appraiser will appraise the Fair Market Value, and deliver its appraisal to the Company, Telcom and MIL, within 60 days of its engagement. If such difference between the two appraisals is less than 20% of the lower appraised value, then the Appraised Fair Market Value shall be the average of the two appraisals. If the difference is greater than or equal to 20% of the lower appraised value, the two appraisers shall engage a third independent investment banking firm of recognized national standing (the "Third Appraiser"), which shall appraise the Fair Market Value within 60 days of its engagement. The Appraised Fair Market Value shall be the average of the two appraised values which are closest in absolute U.S. dollars. All appraisals of Fair Market Value shall be as of the date of notice of exercise of the right. The expenses of the First Appraiser shall be borne by the Company; the expenses of the Second Appraiser, if any, shall be borne by the Founders; and the expenses of the Third Appraiser, if any, shall be borne equally by the Company and the Founders.

Appraised Fair Market Value means, as of any date, in respect of shares of Common Stock, the Average Closing Price, if clauses (i), (ii) or (iii) of the definition of

Appraised Fair Market Value with respect to any Real Estate, the price at which a willing buyer, who is not an Affiliate of the seller, and a willing seller, who does not have to sell, would agree to purchase and sell such Real Estate, as determined by an appraiser in an appraisal in form and substance reasonably satisfactory to Agent or other documentation in form and substance reasonably acceptable to Agent.

Appraised Fair Market Value shall have the meaning set forth in Section 8.2.