Reasonably Equivalent Value definition
Examples of Reasonably Equivalent Value in a sentence
It is expressly understood among the parties that during the course of their engagement and at any time thereafter, the firms retained by Acquiror to deliver the Solvency Opinion and the Reasonably Equivalent Value Opinion will not provide confidential information of the Company or any of its Subsidiaries to the Acquiror.
The Acquiror shall have received the Reasonably Equivalent Value Opinion, and such opinion shall not have been withdrawn, revoked or modified prior to the Closing Date; provided, however, that Acquiror shall not be entitled to waive this condition.
The Company shall promptly reimburse the Acquiror for the fees of such firm providing the Solvency Opinion up to an aggregate amount that, together with the fees for the Reasonably Equivalent Value Opinion, does not exceed $500,000; provided, however, that at Acquiror's election, such aggregate fee amount may be credited against the Creditor Payment at Closing or against the Holdback Account.
This case is an example of the former, not the latter.B. Reasonably Equivalent Value: KAN.
The Reasonably Equivalent Value Opinion shall permit the Company and the Operating Subsidiaries to reasonably rely thereon, and upon receipt, Acquiror shall provide a copy of the Reasonably Equivalent Value Opinion to the Company and the Operating Subsidiaries.
The Company shall promptly reimburse the Acquiror for the fees of such firm providing the Reasonably Equivalent Value Opinion up to an aggregate amount that, together with the fees for the Solvency Opinion, does not exceed $500,000; provided, however, that at Acquiror's election, such aggregate fee amount may be credited against the Creditor Payment at Closing or against the Holdback Account.
Oberdick (In re Oberdick): Reasonably Equivalent Value and a Familial Obligation to Provide for EducationSome courts, on the other hand, have opted to protect tuition payments from clawback.
See Andrew Mackenzie, The Tuition “Claw Back” Phenomenon: Reasonably Equivalent Value and Parental Tuition Payments, 2016 Colum.
The Need for Clarity in Reasonably Equivalent Value DefinitionAnalysis of these cases illustrates just how stark a difference there can be amongst courts’ application of reasonably equivalent value.
Frost, Inter-Corporate Obligations, Reasonably Equivalent Value, and Beneficiary Liability: In re TOUSA, Inc., 32 No. 9 Bankruptcy Law Letter 1 (September 2012).