Unit Fair Market Value definition

Unit Fair Market Value means the weighted average trading price of a Unit on the Toronto Stock Exchange for the 10 trading days preceding December 31, 2010, or, if the Units are not then listed on the Toronto Stock Exchange, on such other stock exchange or automated quotation system on which the Units are listed or quoted, as the case may be, as may be selected by the Board for such purpose; provided, however, that if in the opinion of the Board the public distribution or trading activity of Units for that period does not result in a weighted average trading price which reflects the fair market value of a Unit, then the Unit Fair Market Value of a Unit shall be determined by the Board, acting in good faith and in its sole discretion, and provided further that any such selection, opinion or determination by the Board shall be conclusive and binding.
Unit Fair Market Value means, as of any date and with respect to any Unit, the amount that would be distributed in respect of such Unit if the Company were sold on such date, on a cash-free, debt-free basis, at a price equal to the Fair Market Value of the Company, and the net proceeds from such sale were distributed in accordance with Section
Unit Fair Market Value means the fair value of Units determined in good faith by the Board (or by the Members) (the "Board Calculation"). If a Member disagrees with the Board Calculation, the Employee Member (or such Member's representative) may, within thirty (30) days after receipt of the Board Calculation, deliver a notice (an "Objection Notice") to the Company setting forth the Member's calculation of Fair Market Value. The Board (or the Members, as applicable) and the Member shall negotiate in good faith to agree on such Fair Market Value, but if such agreement is not reached within thirty (30) days after the Company has received the Objection Notice, Fair Market Value shall be determined by an appraiser selected by the Board (or the Members, as applicable), which appraiser shall submit to the Company and the Member a report within thirty (30) days of its engagement setting forth such determination. The expenses of such appraiser shall be borne by the Member unless the appraiser's valuation is more than ten (10%) greater than the Board Calculation, in which case, the costs of the appraiser shall be borne by the Company. The determination of such appraiser shall be final and binding upon all parties.

Examples of Unit Fair Market Value in a sentence

  • The Operating Company shall issue to the Corporation on the date of settlement a number of Common Units equal to the number of Operating Company Purchased RSU/Other Award Shares in consideration for a deemed Capital Contribution from the Corporation in an amount equal to the number of Common Units issued in accordance with this section, multiplied by the per-Common Unit Fair Market Value.

  • The Operating Company shall issue to the Corporation on the date of exercise a number of Common Units equal to the sum of the number of Total Purchased Shares in consideration for (i) a deemed Capital Contribution from the Corporation in an amount equal to the number of Operating Company Purchased Option Shares, multiplied by the per-Common Unit Fair Market Value and (ii) a Capital Contribution from the Corporation in amount equal to the Exercise Price Paid.

  • The Operating Company shall issue to the Corporation on the date of settlement a number of Common Units equal to the number of shares of Common Stock issued in settlement of the Restricted Stock Unit or applicable Other Stock or Cash Based Award in consideration for a deemed Capital Contribution from the Corporation in an amount equal to the number of Common Units issued in accordance with this section, multiplied by the per-Common Unit Fair Market Value.

  • The Repurchase Notice shall set forth the number of Executive Units to be acquired from the Executive and/or QLH, as the case may be, the aggregate consideration to be paid in cash for such Executive Units, QL Holdings’ determination of the Fair Market Value and resulting calculation of Unit Fair Market Value of each Unit, and the time and place for the closing of the transaction.

  • The Executive may dispute QL Holdings’ determination of Fair Market Value used in the calculation of the Unit Fair Market Value by delivery of a written notice to QL Holdings (a “FMV Dispute Notice”) within ten (10) Business Days of the Repurchase Notice.

  • In the event that, prior to any Qualified Public Offering, the employment relationship of the Executive is terminated by the Company for Cause under clause (i), (ii), (iii) or (vii) of the definition of Cause set forth in Section 5(d)(ii) hereof, QL Holdings shall have the right to repurchase from the Executive ▇▇▇/▇▇ ▇▇▇ all or any portion of the Executive Units (the “Executive Unit Repurchase Right”) at a price per Executive Unit equal to the Unit Fair Market Value.

  • The repurchase price for Units acquired by exercise of an Option shall be the Unit Fair Market Value.

  • The closing of the purchase of the Executive Units pursuant to the Repurchase Notice shall take place on the date designated by QL Holdings in the Repurchase Notice, subject to an extension of up to no more than ninety (90) days to enable resolution of a dispute pursuant to Section 6(b) hereof of the determination of Fair Market Value, and the resulting calculation of Unit Fair Market Value.

  • Grant Date: Exercise Price Per Unit: Fair Market Value Per Unit: Total Number of Units Granted: Option Expiration Date: 10 years from the Grant Date Vesting Schedule: As set forth in Section 4(b) hereof.

  • As of the date of this Agreement, the Capital Account of each Partner is the amount set forth opposite such Partner’s name on Exhibit B, which equals the Unit Fair Market Value as of the date of this Agreement of all the Units held by such Partner.


More Definitions of Unit Fair Market Value

Unit Fair Market Value means the weighted average trading price of a Unit on the TSX for the 10 trading days preceding December 31, 2010, or, if the Units are not then listed on the TSX, on such other stock exchange or automated quotation system on which the Units are listed or quoted, as the case may be, as may be selected by the Board for such purpose; provided, however, that if in the opinion of the Board the public distribution or trading activity of Units for that period does not result in a weighted average trading price which reflects the fair market value of a Unit, then the Unit Fair Market Value of a Unit shall be determined by the Board, acting in good faith and in its sole discretion, and provided further that any such selection, opinion or determination by the Board shall be conclusive and binding.
Unit Fair Market Value means the estimated fair market value of an Affordable Unit (if valued without the affordability restrictions) based on similarly situated units not subject to affordability restrictions as reasonably determined by Developer and approved by the Authority.
Unit Fair Market Value for each Unit, the average of the closing prices of a JCOM Share, as reported by the JASDAQ, for the five consecutive trading days ending on the trading day immediately preceding the date as of which Unit Fair Market Value is to be determined. Withdrawal: the occurrence of an event which terminates membership in the Company, as provided in 11.2.

Related to Unit Fair Market Value

  • Fair Market Value means, as of any date, the value of the Common Stock determined as follows:

  • Adjusted Fair Market Value means, in the event of a Change in Control, the greater of (i) the highest price per Share paid to holders of the Shares in any transaction (or series of transactions) constituting or resulting in a Change in Control or (ii) the highest Fair Market Value of a Share during the ninety (90) day period ending on the date of a Change in Control.

  • Gross Fair Market Value means the value of the assets of the Company, or the value of the assets being disposed of, determined without regard to any liabilities associated with such assets.

  • Fair Market Value Per Share means as of any date the fair market value of each of the Shares on such date (the "applicable date") as determined by the Option Committee in good faith. The Option Committee is authorized to make its determination as to the fair market value on the following basis: (i) if the Shares are not traded on a securities exchange and are not quoted on the National Association of Securities Dealers, Inc.'s Automated Quotation System ("NASDAQ"), but are quoted on the Over The Counter Electronic Bulletin Board operated by NASDAQ, "Fair Market Value per Share" shall be the mean between the average daily bid and average daily asked prices of the Shares on the applicable date, as published on such bulletin board; (ii) if the Shares are not traded on a securities exchange and are quoted on NASDAQ, "Fair Market Value per Share" shall be the closing transaction price of the Shares on the applicable date, as reported on NASDAQ; (iii) if the Shares are traded on a securities exchange, "Fair Market Value per Share" shall be the daily closing price of the Shares, on such securities exchange as of the applicable date; or (iv) if the Shares are traded other than as described in (i), (ii) or (iii) above, or if the Shares are not publicly traded, "Fair Market Value per Share" shall be the value determined by the Option Committee in good faith based upon the fair market value as determined by completely independent and well qualified experts. In the case of Shares described in (i), (ii) or (iii) above, if no prices are reported for the Shares on the applicable date, the "Fair Market Value per Share" shall be the price reported for such Shares on the next preceding date on which there were reported prices.

  • Per Share Fair Market Value has the meaning set forth in Section 13(C).