Examples of Specified Valuation in a sentence
Subject to the requirement to maximize the aggregate cash purchase price to the Company in accordance with the preceding terms of this Section 10.5, the Company shall not reject (and the Members are hereby conclusively deemed to have approved) any offer to purchase the Project for 103% of the Specified Valuation Amount if such offer is otherwise on Acceptable Terms.
Notwithstanding the foregoing, Corner Store shall prepare all Tax Returns of the Corner Store Group for any period in a manner consistent with the Specified Valuation and shall not take any position in any Tax Return, Tax Contest or otherwise for tax purposes that is inconsistent with the Specified Valuation, unless there is no reasonable basis, as jointly determined by the parties, for preparing such Tax Returns or taking such positions in a manner consistent with the Specified Valuation.
Consideration by the Reviewing Actuary of the appropriateness of the scope of the Primary Actuary’s Specified Valuation and of the actuarial advice provided in relation to it.
If any Specified Valuation Date is an Unscheduled Holiday, then the relevant Valuation Date shall be the next following London, New York City and Bogota Business Day, provided that if such date is also an Unscheduled Holiday, the FX Rate shall be determined by the Calculation Agent on such day in its sole discretion acting in good faith in a commercially reasonable manner having taken into account relevant market practice and byreference to such additional sources as it deems appropriate.
Anything to the contrary notwithstanding, no increase in the Market Value of any item of Account Collateral following the date that such item was first deposited in the Collateral Account shall be taken into account when calculating the Market Value of the Account Collateral under this Section 4.2(b)(ii) on any Specified Valuation Date.
If Glimcher fails to deliver an Offering Notice within 60 days after PAT XXX gives a Buy/Sell Demand Notice to Glimcher, Glimcher shall be deemed to have given an Offering Notice with a Specified Valuation Amount equal to, at the election of PAT XXX, either (x) 105% of the Fair Market Value of the Project or (y) 95% of the Fair Market Value of the Project.
Where the applicable Disruption Fallback is a Disruption Fallback other than Valuation Postponement, the relevant Specified Valuation Date shall not be adjusted in relation to such FX Rate, the Disruption Fallback provisions set out below shall apply thereto and the provisions of Valuation and Settlement Condition 2(d) (Adjustments to Valuation Dates (Disrupted Days and Underlying Closing Levels)) shall only apply in relation to Underlying(s) other than such FX Rate (if any).
Upon the default of any Member under this ARTICLE 11 to close on a sale, the non-defaulting Member may purchase the defaulting Member's interest in the Company for a purchase price equal to 95% of the amount which the defaulting Member would have received had the Company (A) sold the Project for the Specified Valuation Amount, (B) paid all of its liabilities with the proceeds of such sale, and (C) distributed the remaining proceeds to the Members in accordance with the provisions of SECTION 12.
The Offer shall be in writing and shall set forth a statement of the aggregate dollar amount (the "Specified Valuation Amount") which the offering Partner is willing to pay for all of the assets of the Joint Venture, free and clear of all monetary liabilities and obligations (other than non-delinquent property taxes and assessments secured by liens on the Joint Venture property) relating thereto.
In addition to the information required by law, these documents must include the Order number.