Mutually Designated Appraiser definition
Examples of Mutually Designated Appraiser in a sentence
Otherwise, the Company's Appraiser and the Parent's Appraiser will agree upon and jointly designate a third investment banking firm of recognized national standing (the "Mutually Designated Appraiser") to determine its view of the Merger Value.
The Mutually Designated Appraiser will not be permitted to see or otherwise have access to, or be informed of, the results of the appraisals of Merger Value by the Company's Appraiser and the Parent's Appraiser, or any component of either appraiser's analysis which led to its conclusions, and each of the Parent and the Company agree to comply with the foregoing provision.
The final Fair Market Value determination shall be the Fair Market Value of the Mutually Designated Appraiser.
The Mutually Designated Appraiser shall be designated within ten (10) days after the delivery of the final views of the investment banking firms pursuant to Section 3.11(b)(i) and shall within fifteen (15) days of such designation determine its final view as to the Fair Market Value.
If the difference between the higher of the respective final views of the two investment banking firms and the lower of the respective final views of the two investment banking firms is equal to or greater than 10% of the higher of the respective final views, the participating Members shall instruct the investment banking firms jointly to designate a Mutually Designated Appraiser.
At the expiration of such six (6) month period, the Appraisal Firms (and the Mutually Designated Appraiser, if applicable) shall update their valuations, subject to the procedures set forth in this Section 8.07.
If the difference between the higher of the respective final views of the two investment banking firms and the lower of the respective final views of the two investment banking firms is equal to or greater than 10% of the higher of the respective final views, the participating Investment Members shall instruct the investment banking firms jointly to designate an investment bank with the Stated Qualifications as the Mutually Designated Appraiser.
Otherwise, the Para▇▇▇▇▇▇ ▇▇▇raiser and the Investor Appraiser will agree upon and jointly designate a third investment banking firm of recognized national standing that does not Beneficially Own (excluding securities held on behalf of third parties) a material amount of the securities of Para▇▇▇▇▇▇ (▇▇e "Mutually Designated Appraiser") to determine such fair value.