Reasonably Equivalent Value definition

Reasonably Equivalent Value has the meaning specified in Section 1.07 of the Purchase Agreement.
Reasonably Equivalent Value means that the debtor has received value that is substantially comparable to the worth of the transferred property. To measure reasonably equivalent value, for purposes of the fraudulent transfer section of the Bankruptcy Code, courts judge the consideration given for a transfer from the standpoint of creditors: the proper focus is on the net effect of the transfers on the debtor’s estate, and the funds available to the unsecured creditors.
Reasonably Equivalent Value means that ‘the debtor has received value that is substantially comparable to the worth of the transferred property.’”76 In measuring the value of what has been received by the debtor, such value is to be judged from the standpoint of the debtor’s creditors. “‘The proper focus is on the net effect of the transfers on the debtor’s estate, [and] the funds available to the unsecured creditors.’”77

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  • The Acquiror shall have received the Reasonably Equivalent Value Opinion, and such opinion shall not have been withdrawn, revoked or modified prior to the Closing Date; provided, however, that Acquiror shall not be entitled to waive this condition.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).


More Definitions of Reasonably Equivalent Value

Reasonably Equivalent Value means, it “is not an esoteric
Reasonably Equivalent Value under the CUFTA means some sort of economic benefit. Lewis v. Taylor, 427 P.3d 796, 799-800 (Colo. 2018) (construing “reasonably equivalent value” in economic terms); Schempp I, 18 P.3d at 765-66. It can encompass direct or indirect consideration. Fifth Third Bank, 2017 WL 6492108, at *4. While reasonably equivalent value is not “synonymous with market value,” market value is a good yardstick by which to measure reasonably equivalent value. Schempp I, 18 P.3d at 765. How do the Cash Transfers and Business Transfers measure up?
Reasonably Equivalent Value means (i) with respect to a Vehicle that is subject to a Manufacturer Program that provides that such Vehicle must be resold to the applicable Manufacturer, the Termination Value of such Vehicle, (ii) with respect to any other Vehicle that is subject to a Manufacturer Program, the greater of the Market Value of such Vehicle and the Termination Value of such Vehicle immediately prior to the transfer thereof and (iii) with respect to any other Vehicle, the Market Value for such Vehicle. The applicable Seller and the applicable Purchaser hereby agree that title to each Vehicle transferred pursuant to Section 1.06 shall pass to the applicable Purchaser upon satisfaction of the conditions set forth in Section 2.02 in respect of such Vehicle. All payments to HVF hereunder relating to HVF Vehicles shall be deposited into the Collection Account and all payments to HVF relating to HVF Segregated Vehicles constituting Series-Specific Collateral with respect to a particular Segregated Series, unless otherwise specified in the related Segregated Series Supplement, shall be deposited into the collection account, or similar account, for such Segregated Series.
Reasonably Equivalent Value means (i) with respect to a Vehicle that is subject to a Manufacturer Program that provides that such Vehicle must be resold to the applicable Manufacturer, the Termination Value of such Vehicle, (ii) with respect to any other Vehicle that is subject to a Manufacturer Program, the greater of the Market Value of such Vehicle and the Termination Value of such Vehicle immediately prior to the transfer thereof and (iii) with respect to any other Vehicle, the Market Value for such Vehicle. The applicable Seller and the applicable Purchaser hereby agree that title to each Vehicle transferred pursuant to Section 1.06 shall pass to the applicable Purchaser upon satisfaction of the conditions set forth in Section 2.02 in respect of such Vehicle. All payments to HVF hereunder shall be deposited into the Collection Account.

Related to Reasonably Equivalent Value

  • Replacement Value means the price, including accrued interest, at which Equivalent Securities to the Borrowed Securities could be purchased in the principal market for such securities at the time of election by State Street under Section 13.1 hereof.

  • Aluminum equivalent means the thickness of type 1100 aluminum alloy affording the same attenuation, under specified conditions, as the material in question.

  • Present Value means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.

  • Daily Measurement Value means the Specified Dollar Amount (if any), divided by 40.

  • SPS AER Value means the Underlying Reference Value.

  • Fair Market Value means, as of any date, the value of Common Stock determined as follows:

  • Reference Value means the last reported sales price of the Ordinary Shares for any twenty (20) trading days within the thirty (30) trading-day period ending on the third trading day prior to the date on which notice of the redemption is given.