Examples of FMV Triggering Event in a sentence
The Parties acknowledge and agree that, upon the occurrence of, and solely for the duration of the continuation of, a FMV Triggering Event or a Reserve Credit Triggering Event, as applicable, certain provisions of this Agreement and the Trust Agreement shall cease to be effective, and other provisions shall automatically be effective, as described herein and in the Trust Agreement.
For purposes of this Article V, upon the occurrence of any FMV Triggering Event or Recapture Triggering Event, such FMV Triggering Event or Recapture Triggering Event, as applicable, shall be deemed to be continuing unless (a) such FMV Triggering Event or Recapture Triggering Event, as applicable, has been cured and (b) no other FMV Triggering Event or Recapture Triggering Event, as applicable, has occurred for two consecutive calendar quarter ends following such cure.
Provisions of the Trust Agreement that will automatically become modified upon the occurrence of an FMV Triggering Event or a Reserve Credit Triggering Event, as applicable, are specified in the Trust Agreement.
The Parties acknowledge and agree that, upon the occurrence of, and for the duration of the continuation of, an FMV Triggering Event or a Reserve Credit Triggering Event, as applicable, certain provisions of this Agreement and the Trust Agreement shall cease to be effective, and other provisions shall automatically be effective, as described herein and in the Trust Agreement.
If the Board and the Shareholder or the Shareholder's Estate cannot in good faith agree to the determination of fair market value within thirty (30) days of the Corporation's receipt or delivery of written notice of any FMV Triggering Event, the determination of such fair market value shall be submitted within ten (10) days of the end of such 30-day period to Xxxxxxx Xxxxx & Associates, Inc.
The Corporation and/or its Assignee(s) shall ------- purchase the Shareholder's Stock under this ARTICLE TWO at a closing to occur within forty-five (45) days of the Corporation's receipt or delivery of written notice of any FMV Triggering Event; provided, however, that if the determination of fair market value has been submitted to the Primary Investment Firm or the Secondary Investment Firm, the closing date shall be deferred until the fifth (5th) business day after the final determination thereof.
Provisions of the Trust Agreement that will automatically become modified upon the occurrence of a FMV Triggering Event or a Reserve Credit Triggering Event, as applicable, are specified in the Trust Agreement.
Upon the occurrence of any FMV Triggering Event or Recapture Triggering Event, such FMV Triggering Event or Recapture Triggering Event, as applicable, shall be deemed to be continuing unless (a) such FMV Triggering Event or Recapture Triggering Event, as applicable, has been cured and (b) no other FMV Triggering Event or Recapture Triggering Event, as applicable, has occurred during a period of six (6) months commencing with the date of such cure.
The Ceding Company agrees to deliver a cure notice to the Trustee promptly upon becoming aware that a FMV Triggering Event, Recapture Triggering Event or Reserve Credit Triggering Event is no longer continuing in accordance with the terms of this Section 5.09.
As soon as reasonably practicable following its receipt of such request, the Reinsurer shall withdraw such amounts from the Trust Account and transfer such amounts to the Ceding Company; provided, however, that if the Reinsurer fails to transfer such amounts within three (3) Business Days following its receipt of such request or, during the continuation of a FMV Triggering Event, the Ceding Company may directly withdraw such amounts from the Trust Account.