Third Party Valuator definition

Third Party Valuator has the meaning set forth in Section 2.2(c)(i).
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Third Party Valuator means an accounting firm or mining valuation firm, in each case, that: (i) is independent of the Parties; (ii) has experience in mining valuations; and (iii) is mutually agreed by the Parties, each acting reasonably.
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Third Party Valuator means a Canadian bank-owned investment bank that is independent of the Parties and that has experience in mining valuations that is mutually agreed by the Parties.
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Examples of Third Party Valuator in a sentence

  • The Third Party Valuator shall make a determination as soon as practicable within fifteen (15) days (or such other time as the Owner and the Holder shall agree in writing) after their engagement, and its determination of the Guaranteed FCF Amount shall be conclusive and binding upon the Parties hereto and will not be subject to appeal, absent manifest error.

  • The final, binding and conclusive calculation of the Guaranteed FCF Amount based upon the agreement or deemed agreement of the Owner and the Holder or the written determination delivered by the Third Party Valuator, in either case in accordance with this Section 3(e), shall be deemed to be the Guaranteed FCF Amount for purposes of this Agreement.

  • The Owner shall pay the reasonable costs of the Third Party Valuator if a deficiency of five percent (5%) or more of the amount due is determined to exist.

  • The Third Party Valuator shall only decide the specific items under dispute by the Owner and the Holder and its decision for any disputed portions of the calculation of the Guaranteed FCF Amount.

  • The fees and expenses of the Third Party Valuator shall be paid by the Holder unless a deficiency of five percent (5%) or more of the amount due is determined to exist.

  • Each Inventory Audit shall be conducted, and the value ascribed to each item of Inventory by the Third Party Valuator in determining the aggregate value of the applicable Pharmacy’s Inventory (the “Inventory Value”) shall be determined, in accordance with the inventory count and valuation procedures set forth on Schedule 2.2(c).

  • The costs and expenses of the Third Party Valuator are to be paid 50% by Seller and 50% by Buyer.

  • The Executive shall cooperate and use his best efforts in assisting the Third Party Valuator in its valuation of the restrictive covenants in Section "4(a)" hereof.

  • The Executive shall cooperate and use his best efforts in assisting the Third Party Valuator in its valuation of the restrictive covenants in Section "(a)" hereof.

  • If the Third Party Valuator determines the value of the Company or the assets proposed to be sold in the Sales Transaction to be greater than the price offered by the acquiror in the Sale Transaction, then the Member proposing the Sale Transaction shall be deemed to reject the Sales Transaction, and will be required to vote against the Sales Transaction if a vote is held, and the Sale Transaction will be deemed to have been rejected by both Members.


More Definitions of Third Party Valuator

Third Party Valuator means a Canadian bank-owned investment bank that is independent of the Parties and that has experience in mining valuations that is mutually agreed by the Parties. (nnn) “Transfer” means, with respect to this Agreement, any sale, exchange, transfer, assignment, gift, alienation or other transaction, whether voluntary, involuntary or by operation of law, by all or, in the case of the Owner, a portion of the legal or beneficial ownership of, or any security interest or other interest in, this Agreement passes from the Holder or the Owner, as applicable, to another Person, whether or not for value, and “to Transfer”, “Transferred” and similar expressions shall have corresponding meanings. (ooo) “Trading Activities” has the meaning set out in Section 11(a). (ppp) “Unapproved Additional Capital Project” has the meaning set out in Section 7(f).
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Related to Third Party Valuator

  • Approved Valuation Firm means, with respect to any Collateral Obligation, each of (a) Xxxxxx Xxxxxx, (b) Xxxxxxxx Xxxxx, (c) Lincoln International LLC, (d) Duff & Xxxxxx and (e) any other nationally recognized valuation firm approved by the Borrower and the Facility Agent.

  • Independent Valuation has the meaning set forth in Section 1.68(d).

  • Company Valuation means $135,000,000.

  • Approved Third-Party Appraiser means each of (a) Xxxxxx, Xxxxxx & Co., (b) Xxxxxxxx Xxxxx Xxxxxx & Xxxxx Inc., (c) Lincoln International LLC (formerly known as Lincoln Partners LLC), (d) Duff & Xxxxxx Corporation, (e) Valuation Research Corporation, (f) Xxxxxxx & Xxxxxx, (g) Xxxxxx Xxxxxxxxx and (h) any other third party appraiser selected by the Borrower in its reasonable discretion.

  • valuator means an actuary or any other person who, in the opinion of the registrar, has sufficient actuarial knowledge to perform the duties required of a valuator in terms of this Act.

  • Independent Valuation Provider means any of Xxxxxxx & Marsal, Xxxxxxxx Xxxxx Xxxxxx & Xxxxx Capital, Inc., Duff & Xxxxxx LLC, Xxxxxx, Xxxxxx and Company, Lincoln Partners Advisors, LLC, Xxxxx Xxxxxx Xxxx, LLC and Valuation Research Corporation and Xxxxx, or any other Independent nationally recognized third-party appraisal firm selected by the Administrative Agent, and reasonably acceptable to the Borrower.

  • Independent Third Party means any Person who, immediately prior to a contemplated transaction, does not own in excess of 5% of the Company’s Common Units on a fully-diluted basis (a “5% Owner”), who is not controlling, controlled by or under common control with any such 5% Owner and who is not the spouse or descendant (by birth or adoption) of any such 5% Owner or a trust for the benefit of such 5% Owner and/or such other Persons.

  • Excess valuation assets for a valuation period means:

  • Independent Appraiser means a nationally recognized or major regional investment banking firm or firm of independent certified public accountants of recognized standing (which may be the firm that regularly examines the financial statements of the Issuer) that is regularly engaged in the business of appraising the Capital Stock or assets of corporations or other entities as going concerns, and which is not affiliated with either the Issuer or the Holder of any Warrant.

  • Valuation Firm means a nationally recognized independent investment banking or valuation firm with expertise in the oil and gas sector.

  • Independent physician means a physician who is chosen by the resident of the assisted living facility and who has no financial interest in the assisted living facility, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the residence.

  • Fair Valuation means the determination of the value of the consolidated assets of a Person on the basis of the amount which may be realized by a willing seller within a reasonable time through collection or sale of such assets at market value on a going concern basis to an interested buyer who is willing to purchase under ordinary selling conditions in an arm’s length transaction.

  • Third Party Supplier means a third party manufacturer and/or licensor of Products.

  • Third Party Payment means payment through an instrument issued from a bank account other than that of the beneficiary investor. In case of payments from a joint bank account, the first named investor/holder of the mutual fund folio has to be one of the joint holders of the bank account from which payment is made.

  • Independent Party means, with respect to a BDC Downstream Fund, (i) if the BDC Downstream Fund has a board of directors (or the equivalent), the board or (ii) if the BDC Downstream Fund does not have a board of directors (or the equivalent), a transaction committee or advisory committee of the BDC Downstream Fund.

  • Qualified third party means 1 or more of the following:

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Third Party Subcontract means a subcontract entered into by the Third Party Contractor with a Third Party Subcontractor, or a Third Party Subcontractor with another Third Party Subcontractor at any tier, and is supported in whole or in part with the federal assistance originally derived from FTA, or non- federal share dedicated to the Recipient’s Underlying Agreement.

  • Initiating Party means a party who gives notice under section 2 of this Schedule;

  • Independent Evaluator A person empowered, pursuant to Section 23.5 (Failure to Reach Agreement) and Section 23.10 (Dispute) of this Agreement, to resolve disputes due to failure of the Parties to agree on a Performance Standards Revision Document.

  • Independent Qualified Party means an investment banking firm, accounting firm or appraisal firm of national standing; provided, however, that such firm is not an Affiliate of the Company.

  • Third-party payer means an entity that is, by

  • Independent Valuer means Massarsky Consulting, Inc., appointed by the Board to independently value the Company’s Catalogues within the Portfolio;

  • Assessed Valuation means the amount for which the Real Property is assessed pursuant to applicable provisions of the New York City Charter and of the Administrative Code of the City of New York for the purpose of imposition of Taxes.

  • Licensed Independent Practitioner means any individual permitted by law and by the Medical Staff and Board to provide care and services without direction or supervision, within the scope of the individual’s license and consistent with individually granted clinical privileges.

  • Third Party Contract means a contract between Metrolinx and any other Person which is in any way related to, impacts or is impacted by the Services and/or the Consultant’s acts or omissions, whether expressly identified to the Consultant or not.