Final FMV definition

Final FMV means the fair market value of the Company as determined by the Appraiser. The determination of the Final FMV, in accordance with this Section 17 shall (in the absence of fraud) be final and binding on the Parties for the purposes of this Contract.
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Final FMV means, with respect to each Project, either (a) the FMV of a Project specified in the Borrower’s FMV Notice, unless Lender disagrees or is deemed to disagree with such FMV, or (b) the actual Net Sales Proceeds realized from an actual sale of the Project pursuant to a Bona Fide Sales Contract as permitted by Section 2.8(b) of this Note and a Release of the Project from the lien of the applicable Mortgage in accordance with Section 15.02 of the Loan Agreement, or (c) the FMV of a Project specified in the Borrower’s FMV Notice if (i) Lender disagrees or is deemed to disagree with such FMV, (ii) Borrower and/or Lender are unable to achieve an actual sale of the Project pursuant to a Bona Fide Sales Contract within the time permitted by Section 2.8(b) of this Note, (iii) Borrower elects to obtain a Release of the Project (as described in Section 2.8(c) hereof) and (iv) Lender has not elected to nullify such election by Borrower and accept a deed in lieu of foreclosure to such Project rather than permit Borrower to obtain a Release of the Project (as described in Section 2.8(c)), or (d) the Refinance Amount.
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Final FMV. Section 17.1(e) “Fiscal Year” Section 11.2 “Indemnified Party” Section 18.3(b) “Indemnifying Party” Section 18.3(b) “Independent Auditor” Section 11.4(c) “JV Term” Section 15.1
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Examples of Final FMV in a sentence

  • The determination of the Final FMV, in accordance with this Section 17 shall (in the absence of fraud) be final and binding on the Parties for the purposes of this Contract.

  • The fair market value of the Company as determined by the Appraiser shall be the Final FMV.

  • Except in the case of fraud or manifest error, including miscalculation and arithmetical errors, the determination of the Final FMV in accordance with this clause 4.1.c. shall be final and binding on the Parties.

  • The Optionee may withdraw any Exercise Notice at any time prior to the closing, subject to reimbursing the Company for any costs it has incurred for appraisers or otherwise in determining the Final FMV.

  • The determination of the Final FMV, in accordance with this Section 18 shall (in the absence of fraud) be final and binding on the Parties for the purposes of this Contract.

  • MatchCo shall provide to Executive its final written determination of the then current Fair Market Value (the "Final FMV Determination") within twenty business days of MatchCo's receipt of an FMV Request.

  • If the Third FMV falls outside the range between the Initial FMV and the Second FMV, then the Final FMV shall be equal to the average of (1) the Third FMV and whichever of (2) the Initial FMV, or (3) the Second FMV, is closer to the Third FMV.

  • If either Party fails to deliver such a notice within fifteen (15) Business Days after CEA has delivered its appraisal report to both Parties in accordance with Section 17.1(a), it shall be deemed to have waived its right to appoint an Appraiser, and the Appraiser appointed by the other Party shall be promptly appointed by the Company to determine the Final FMV.

  • Within ten days of Executive's receipt of the Final FMV Determination, Executive shall have the right, but not the obligation, to exercise some or all of the vested and exercisable MatchCo Options, by providing written notice of exercise to MatchCo (an "Exercise Notice"); provided, however, that after the third FMV Request, Executive shall be required to exercise all of the vested and exercisable MatchCo Options.

  • If the Third Appraiser’s FMV falls outside the range between the two Preliminary FMVs, then the Final FMV shall be equal to the average of (1) the Third Appraiser’s FMV and (2) the Preliminary FMV whose value is closer to the value of the Third Appraiser’s FMV.


More Definitions of Final FMV

Final FMV means the fair market value per Share of the Company as of the relevant date, determined as follows: (i) The Board of Directors shall determine the Final FMV in good faith based on an assumed sale of 100% of the outstanding capital stock of the Company (without reduction for minority interest or lack of liquidity of the Shares) and based on trading values for comparable companies. The Optionee may challenge such determination by notice given within 20 days after receipt of such determination. If no such notice is given, then the Final FMV shall be deemed finally determined as of such 20th day. If such determination of the Final FMV is challenged by the Optionee, the Company and the Optionee shall first attempt for a period of 20 days to resolve the dispute, but if such resolution is not accomplished, then the Company and the Optionee shall mutually agree upon an independent third-party appraiser to undertake an appraisal of the Company to establish the Final FMV as of the relevant date. If the Optionee and the Company are unable to mutually agree upon an appraiser, then the appraiser shall be appointed by the American Arbitration Association in New York, New York. (ii) The Final FMV shall be the fair market value arrived at by the appraiser within 30 days following its appointment. (iii) The expenses of the appraiser will be borne 100% by the Company.
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Final FMV has the meaning assigned to in clause 4 of this Agreement;
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Related to Final FMV

  • Final Cash has the meaning set forth in Section 3.2(b).

  • MONTHLY KILOMETREAGE STATEMENT CUM BILL means the format specified by the Company.

  • Disputed Amount means an amount which Customer disputes. A Disputed Amount may relate to the whole or part of an invoice(s).

  • Final Payment Statement shall have the meaning set forth in Clause 19.13;

  • Estimated Closing Statement has the meaning set forth in Section 2.4(a).

  • Final Price means, with respect to a Security and an Auto-Call Valuation Date or the Valuation Date, subject to the Adjustment Provisions, the price of such Security as determined by the Calculation Agent as of the Valuation Time on the relevant Exchange on such Auto-Call Valuation Date or the Valuation Date, as the case may be.

  • Final Payment is a payment (in addition to and not a substitution for the regular monthly payments of principal plus accrued interest) due on the earliest to occur of (a) the Maturity Date, or (b) the acceleration of any Term Loan, or (c) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d), equal to the original principal amount of such Term Loan multiplied by the Final Payment Percentage, payable to Lenders in accordance with their respective Pro Rata Shares.

  • Final Receipt means the receipt issued by the Principal Regulator, evidencing that a receipt has been, or has been deemed to be, issued for the Final Prospectus in each of the Qualifying Jurisdictions;

  • Final Closing Statement has the meaning set forth in Section 2.4(a).

  • Estimated Adjustment Amount has the meaning set forth in Section 2.5(a).

  • Earn-Out Statement has the meaning set forth in Section 2.5(c).

  • Estimated Cash has the meaning set forth in Section 2.4(a).

  • Closing Statement means the Closing Statement in the form on Annex A attached hereto.

  • Monthly Invoice means an invoice issued in accordance with section 21 by MDL or the Incentives Pool Trustee to a Shipper or Welded Party for all Charges payable in respect of the previous Month by that Shipper or Welded Party, together with any outstanding amounts in respect of any Month prior to the previous Month.

  • Excess Cash Amount means, as of any Excess Cash Measurement Date, (a) the total amount of Unrestricted Cash, less (b) the sum of (i) the applicable Minimum Cash Threshold hereto corresponding to such Excess Cash Measurement Date, (ii) the total amount of scheduled payments due by OEC and its Subsidiaries, taken as a whole, under (x) the New Notes and (y) any other Permitted Indebtedness in each case in the subsequent twelve (12) month period, (iii) projected expenses for the Issuer to conduct its operations during the subsequent twelve (12) month period, including any foreign currency conversion expenses and (iv) for any Excess Cash Measurement Date through (and including) December 31, 2024, any Fines due by OEC and its Subsidiaries for the subsequent twelve (12) month period; less (c) an amount equal to the Required Gross-Up; provided that any items already deducted from cash and short-term investments of OEC and its Subsidiaries for purposes of determining Unrestricted Cash shall not be deducted again for purposes of determining the Excess Cash Amount.

  • Final Completion Date means the date on which Final Completion occurs.

  • Inventory Value has the meaning set forth in Section 2.1.

  • Final Completion means the date determined and certified by A/E and Owner on which the Work is fully and satisfactorily complete in accordance with the Contract.

  • Inventory Formula Amount means (i) the lesser of (x) 75% of the Value of Eligible Inventory and (y) 85% of the NOLV Percentage of the Value of Eligible Inventory plus (ii) the lesser of (x) the lesser of (1) 75% of the Value of Eligible In-Transit Inventory and (2) 85% of the NOLV Percentage of the Value of the Eligible In-Transit Inventory and (y) $10,000,000.

  • Net Monthly Excess Cash Flow For any Distribution Date the amount remaining for distribution pursuant to subsection 4.02(a)(iii) (before giving effect to distributions pursuant to such subsection).

  • Payment Statement As defined in Section 6.01 hereof.

  • Estimated Closing Cash has the meaning set forth in Section 2.4(a).

  • Disputed Amounts has the meaning set forth in Section 2.04(c)(iii).

  • Payment Item means each check, draft or other item of payment payable to a Borrower, including those constituting proceeds of any Collateral.

  • Final Working Capital Statement has the meaning set forth in Section 2.04.

  • Interim Payment has the meaning specified in Section 10.1.