Second Valuation definition

Second Valuation shall have the meaning assigned to such term in Section 5.16.

Second Valuation has the meaning as set forth in Section 11.5.

Second Valuation has the meaning set forth in Section 5.3(c).

Examples of Second Valuation in a sentence

• Subject to the Third Valuation being made available within five (5) Business Days of the date of the Second Valuation, the valuation of the Vessel will be determined on the basis of the average of the three valuations so obtained.

• If the Third Valuation is not made available within the aforementioned time limit, the Vessel shall be valued on the basis of the average of the First Valuation and the Second Valuation.

• If any such Second Valuation is obtained and the results thereof indicate a value for the subject Mortgaged Vessel of at least 110% of the value indicated in the First Valuation, then the Company will have 30 days after the receipt of such Second Valuation from the relevant Approved Broker during which to obtain, at its option and at its sole cost and expense, a further additional Valuation (a “Third Valuation”) from one of the Approved Brokers, as selected by the Company.

• The Company shall deliver (or cause to be delivered) a copy of any such Second Valuation to the Administrative Agent (for distribution to the Lenders) promptly after the Company’s receipt thereof.

• If the Third Valuation is not made available within the aforementioned time limit the Vessel shall be valued on the basis of the average of the First Valuation and the Second Valuation.

More Definitions of Second Valuation

Second Valuation shall have the meaning set forth in Section 6.18(h)(i)(B).

Second Valuation shall have the meaning set forth in Section 4.5(a) of this Agreement.

Second Valuation shall have the meaning set forth in Section 4.2(a)(ii).

Second Valuation means the valuation of the Company Equity Value performed by an Independent Appraiser if a Liquidity Event has not occurred within 60 days prior to the expiration of the term hereof and if requested in writing by such holders of a majority of the Tranche 1 Warrants.

Second Valuation has the meaning given to it in paragraph 4.1 of Schedule 15.5 (Pensions);

Second Valuation. Firm") to prepare a similar report. The report of the Valuation Firm shall not be disclosed to the Second Valuation Firm. If the FMV as determined by the Second Valuation Firm is less than five percent greater or less than the FMV as determined by the Valuation Firm (regardless of the interest of the party engaging it), the Valuation Firm's determination of FMV shall be regarded as conclusive. If the FMV as determined by the Second Valuation Firm is greater than or equal to five percent greater or less than the FMV as determined by the Valuation Firm (regardless of the interest of the party engaging it), then the parties shall engage a similar firm ("Third Valuation Firm") to prepare a similar report. The parties shall share equally in the cost of the Third Valuation Firm. The FMV as determined by the three valuation firms shall be averaged and the resulting value shall be regarded as the definitive FMV for the purpose of this Agreement. At any time during the process described in this Section 3.02(c), the parties may agree in writing on a definitive FMV.

Second Valuation has the meaning as set forth in Section 11.5. “Second Valuation Agent” means any independent broker (other than the Initial Valuation Agent) acceptable to the Borrower undertaken to determine the Second Valuation. “Secured Obligations” means all Obligations; provided that, notwithstanding anything to the contrary, the Secured Obligations shall exclude (i) any Excluded Swap Obligations and (ii) Bank Product Obligations with respect to any Bank Product Agreement and Swap Obligations with respect to any Swap Agreement, in each case, entered into with any counterparty that was not a Lender or an Affiliate of a Lender on the date of entry into such Bank Product Agreement or Swap Agreement. “Secured Parties” has the meaning set forth in the Security Agreement. “Securities” means the capital stock, membership interests, partnership interests (whether limited or general) or other securities or equity interests of any kind of a Person, all warrants, options, convertible securities, and other interests which may be exercised in respect of, converted into or otherwise relate to such Person’s capital stock, membership interests, partnership interests (whether limited or general) or other equity interests and any other securities, including debt securities of such Person. “Securitization Entity” has the meaning defined in the definition of “Securitization Transaction.” “Securitization Indebtedness” means (a) indebtedness of any Subsidiaries of the Borrower incurred pursuant to on-balance sheet Securitization Transactions treated as financings and (b) any indebtedness or other securities issued by a Securitization Entity or a Subsidiary of the Borrower pursuant to a Securitization Transaction, which, in each case, is non-recourse to the Borrower (except for customary representations, warranties, covenants, indemnities and other agreements made or given by the Borrower, or made or given by a Subsidiary of the Borrower and guaranteed by the Borrower, in connection with a Securitization Transaction). “Securitization Transaction” means a public or private transfer, sale or financing of servicing advances and/or mortgage loans, installment contracts, other loans and any other financial asset capable of being securitized by which the Borrower or any of its Subsidiaries directly or indirectly securitizes a pool of specified financial assets including, without limitation, any such transaction involving the sale of specified servicing advances or mortgage loans (directly or thro...