Examples of Third Value in a sentence
The RCN-Sub Appraiser and BecoCom Appraiser shall direct the Third Appraiser to determine the Fair Market Value of the Minority Member's Interest (the "Third Value") in accordance with the provisions of subparagraph (ii) above, and to deliver to both RCN-Sub and BecoCom an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder.
The First Appraiser and the Second Appraiser shall direct the Third Appraiser to determine the Fair Market Value of the Selling Member's Interest (the "Third Value") in accordance with the provisions of subparagraph (ii) above, and to deliver to the Members an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder.
ATI and Transferee shall direct the Third Appraiser to determine the Appraisal Number of ATI Shares (the "Third Value") in accordance with the provisions of paragraph (c) above, and to deliver to ATI and Transferee an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder.
If the Higher Value is not more than 115% of the Lower Value, or if the Higher Value and the Lower Value are equally close to the Third Value, each Member shall bear 50% of the cost of the Third Appraiser, if any; otherwise, the Member (or group of Members, pro rata as per their Investment Percentages), whose Appraiser's determination of the Fair Market Value of the Selling Member's Interest is further away from the Third Value shall bear the entire costs of the Third Appraiser.
If the Third Value does not fall within the Mid-Range, the Fair Market Value will be the average of (x) the Third Value and (y) either (i) the High Value or (ii) the Low Value, whichever is closest to the Third Value, provided that the Fair Market Value shall not be less than the Low Value nor greater than the High Value.
If the Third Value is within the middle one third of the range of values between the High Value and the Low Value (the "Mid-Range"), Fair Market Value will be the Third Value.
If the Higher Value is not more than 115% of the Lower Value, or if the Higher Value and the Lower Value are equally close to the Third Value, each of RCN-Sub and BecoCom shall bear 50% of the cost of the Third Appraiser, if any; otherwise, the party whose Appraiser's determination of Fair Market Value of the Minority Member's Interest is further away from the Third Value shall bear the entire costs of the Third Appraiser.
If the Higher Value is not more than 115% of the Lower Value, or if the Higher Value and the Lower Value are equally close to the Third Value, each of the Asset Member and the other Members shall bear 50% of the cost of the Third Appraiser, if any; otherwise, the party whose Appraiser's determination of Fair Market Value is further away from the Third Value shall bear the entire cost of the Third Appraiser.
The Third Appraiser will make a determination of the Fair Market Value of the Corporation in accordance with the criteria set forth in Section 5.7(a) and deliver its written report to the stockholders (the "Third Value") not more than 30 days after the Third Appraiser is designated.
The Third Appraiser will make a determination of the Fair Market Value of the Corporation IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 5.7(A) and deliver its written report to the stockholders (the "Third Value") not more than 30 days after the Third Appraiser is designated.