Refund Value definition

Refund Value means, with respect to any Bloom System (including any Underperforming System) or Facility, the Residual Value of such Bloom System or Facility, as calculated as of the date that Seller becomes obligated to refund such amount to Buyer.

Refund Value means, in addition to the definition provided in Section 14524 of the Act, any amount paid by a noncertified recycler, dropoff or collection program, or community service program, or any payments received by a noncertified recycler, in excess of:

Refund Value means, with respect to any Facility (including Underperforming Facilities), the greater of (a) the Fair Market Value of such Facility (as determined under the Appraisal Procedure if Buyer and Seller cannot agree as to that Fair Market Value within ten (10) [***] Confidential Treatment Requested 14 days)), and (b) 100% of the Purchase Price for such Facility until the first anniversary of Commencement of Operations of the applicable Facility, declining by 5.263% (i.e. 1/19th) on each anniversary of such date thereafter (for example, on the fifth anniversary of Commencement of Operations, the Refund Value will be 78.95% of the Purchase Price), in each case as calculated as of the date that Seller becomes obligated to refund such amount to Buyer. For clarity, the Refund Value includes one hundred percent (100%) of the Taxes, if any, which were paid by or on behalf of Buyer pursuant to Section 2.3(c) for such Facility or one hundred percent (100%) of any Taxes, if any, which are required to be paid by or on behalf of Seller in connection with the return of such Facility.

Examples of Refund Value in a sentence

• Seller and Buyer each agree that Buyer shall be under no obligation to submit any dispute regarding the payment of any Refund Value when due to the dispute resolution mechanism set forth in Section 14.5, but may rather immediately pursue whatever rights it has available under this Agreement, at law or in equity in accordance with Section 14.6 herein.

• For the avoidance of doubt, the cap set forth in this Section 5.7(c) does not apply where the Seller is required to repair or replace the Bloom Systems or pay the Refund Value and other amounts incurred to remove the Bloom Systems and ancillary equipment as set out in Section 5.4(c) or Section 5.7(b).

• If such repair or replacement of one or more Bloom Systems is not feasible (as determined at Seller’s sole option and discretion) and Seller notifies Buyer to such effect, Seller will refund to Buyer the Refund Value of such Bloom Systems (calculated as of the date of such refund), in which case Seller shall be deemed to have taken title to such Bloom System, and such Bloom System shall be deemed to no longer constitute a portion of the Portfolio.

• If Seller is obligated to repair or replace any Facility pursuant to this Section 5.7(c) and such repair or replacement is not feasible (as determined at Seller’s sole option and discretion) and Seller notifies Buyer to such effect, Seller will refund to Buyer the Refund Value of such Facility (calculated as of the date of such refund), in which case Seller shall be deemed to have taken title to such Facility, and such Facility shall be deemed to no longer constitute a portion of the Portfolio.

• With respect to each such returned Underperforming System, Seller shall immediately refund to Buyer the Refund Value of such Underperforming System as liquidated damages pursuant to Section 13.6, and shall promptly remove such returned Underperforming System from the applicable Site and be deemed to have taken title to such Underperforming System, and such Underperforming System shall be deemed to no longer constitute a portion of the Portfolio.

More Definitions of Refund Value

Refund Value means with respect to a Tuition Certificate an amount determined by starting with the applicable Certificate Purchase Price and annually compounding its value for all program years the Tuition Certificate was outstanding (but pro rated for any period less than a full Program year) by the actual Investment Return Percentage for all Program Years the Tuition Certificate was outstanding, provided that in no event shall such amount be:

Refund Value means the amount established for each type of beverage container pursuant to Section 14560 that is paid by the following:

Refund Value means, in addition to the definition in Section 14524, any payment by a certified recycler for beverage container material that is at least 15 percent more than the statewide average scrap value for that material type, as determined by the department for the month in which the payment was made, unless the department determines that a reasonable basis exists for that payment.

Refund Value means the amount of the deposit established under chapter 342G, part VIII, HRS.

Refund Value means the amount refunded to any persons upon return of a recyclable material for which a recycling fee has been imposed. Refund value for each recyclable material is established in Section 23507.1.

Refund Value means the gross refund due (ie. the refund due prior to the deduction of the applicable refund fee).

Refund Value means the amount established for each type of beverage container pursuant to Section