Designation of Appraisers Sample Clauses

Designation of Appraisers. In the event that it becomes necessary to determine the Fair Market Value of the Leased Property for any purpose of this Lease, the party required or permitted to give notice of such required determination shall include in the notice the name of a Person selected to act as appraiser on its behalf. Within ten (10) days after receipt of any such notice, the Lessor (or the Lessee, as the case may be) shall by notice to the Lessee (or the Lessor, as the case may be) appoint a second Person as appraiser on its behalf.
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Designation of Appraisers. In the event that it becomes necessary to determine the Fair Market Value of the Leased Property for any purpose of this Lease, the party required or permitted to give notice of such required determination shall include in the notice the name of a Person selected to act as appraiser on its behalf. Within ten (10) days after receipt of any such notice, Lessor (or Lessee, as the case may be) shall by notice to Lessee (or Lessor, as the case may be) either accept such Person to be the sole appraiser to determine the Fair Market Value of the Leased Property or appoint a second Person as appraiser on its behalf.
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Designation of Appraisers. 106 24.14.2 Appraisal Process.................................. 106 24.14.3 Specific Enforcement and Costs.....................
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Designation of Appraisers. 88 18.2.2 Appraisal Process.................................................................... 88 18.2.3 Specific Enforcement and Costs....................................................... 89 18.3 Lessee's Option to Purchase. ................................................................ 89 18.3.1 Conditions to Option................................................................. 89 18.3.2
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Designation of Appraisers. 110 24.14.2 Appraisal Process...........................................................110 24.14.3 Specific Enforcement and Costs..............................................111 EXHIBIT A - LEGAL DESCRIPTION OF THE LAND.......................................................................113 EXHIBIT B - PERMITTED ENCUMBRANCES..............................................................................114 EXHIBIT C - LIST OF SHAREHOLDERS................................................................................115 EXHIBIT D - NATIONAL ACCOUNTS AND LOCAL DISCOUNTS...............................................................116 EXHIBIT E - OPEN COST REPORTS...................................................................................117 EXHIBIT F - RATE LIMITATIONS....................................................................................118 EXHIBIT G - FREE CARE REQUIREMENTS..............................................................................119 EXHIBIT H - CURRENT RATES.......................................................................................120 EXHIBIT I - RENT COVERAGE RATIO CALCULATION.....................................................................121 EXHIBIT J - [INTENTIONALLY OMITTED].............................................................................122 FACILITY LEASE AGREEMENT This FACILITY LEASE AGREEMENT ("Lease") is dated as of the 21st day of November, 1997, is between MEDITRUST ACQUISITION CORPORATION III ("Lessor"), a Delaware corporation having its principal office at 197 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇d ALS LEASING, INC. [NC ONLY: , IN NORTH CAROLINA D/B/A ALS LEASING (DELAWARE), INC.] ("Lessee"), a Delaware corporation, having its principal office at 450 ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇tn: Mr. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇.
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Designation of Appraisers. 73 18.2.2 Appraisal Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 18.2.3 Specific Enforcement and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . 74
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Designation of Appraisers. 78 19.2.2 Appraisal Process..................................................... 79 19.2.3
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Designation of Appraisers. A. No later than 50 days after the Notice Date, City and Tenant shall each select an appraiser who satisfies the requirements of Section 8.h to determine the Fair Market Rent and notify the other of its selection. B. No later than 80 days after the Notice Date, the parties’ appraisers will jointly select a third appraiser (“Third Appraiser”) to act pursuant to Section 8.c.iv who satisfies the requirements of Section 8.j. At least 15 days before the party appraisers select the Third Appraiser, the proposed Third Appraiser shall make all disclosures required by Code of Civil Procedure Section 1281.9 or equivalent provision of the Arbitration Law and shall be subject to disqualification by the party appraisers for 15 days after service of the proposed Third Appraiser’s disclosure statement to the extent provided in Code of Civil Procedure Section 1281.9 or equivalent provision of the Arbitration Law. If the party appraisers disqualify the first proposed Third Appraiser, then the parties shall select a second proposed Third Appraiser within 15 days after the disqualification. The second proposed Third Appraiser shall make all required disclosures within 15 days after the party appraisers select the second proposed Third Appraiser. The party appraisers shall have 15 days after the disclosures to accept or disqualify the second proposed Third Appraiser. If the second proposed Third Appraiser is disqualified, the party appraisers shall repeat this process until they finally select a Third Appraiser or determine that they cannot agree on a Third Appraiser. If the party appraisers cannot agree on the Third Appraiser within the required time (or such longer time as the parties may agree), then thereafter at any time until the party appraisers have selected the Third Appraiser, either party may petition the Superior Court for Alameda County to appoint a Third Appraiser who satisfies the requirements of Section 8.h to act as arbitrator in accordance with Section 1281.6 of the Code of Civil Procedure.
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Designation of Appraisers. In the event that it becomes necessarv to determine the Fair Market Value ofthe Leased Property for any purpose ofthis Lease, the party required or permitted to ive notice of such required determination shall include in the notice the name of a Person selected to act as appraiser on its behalf. Within ten ( 10) 95 days after receipt of any such notice, Lessor (or Lessee, as the case mav be) shall by notice to Lessee (or Lessor, as the case may be) either accept such Person to be the sole appraiser to determine the Fair Nlarket Value of the Leased Property or appoint a scond Person as appraiser on its behalf. - 18.
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Related to Designation of Appraisers

  • Qualified Appraiser An appraiser, duly appointed by the Seller or the Originator, who had no interest, direct or indirect, in the Mortgaged Property or in any loan made on the security thereof, and whose compensation was not affected by the approval or disapproval of the Mortgage Loan, and such appraiser and the appraisal made by such appraiser both satisfied the requirements of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and the regulations promulgated thereunder, all as in effect on the date the Mortgage Loan was originated.

  • The Appraisal The Mortgage Loan Documents contain an appraisal of the related Mortgaged Property by an appraiser who is licensed in the state where the Mortgaged Property is located, and who had no interest, direct or indirect, in the Mortgaged Property or in any loan made on the security thereof; and whose compensation is not affected by the approval or disapproval of the Mortgage Loan, and the appraisal and the appraiser both satisfy the applicable requirements of Title XI of the Financial Institution Reform, Recovery, and Enforcement Act of 1989 and the regulations promulgated thereunder, all as in effect on the date the Mortgage Loan was originated;

  • Waiver of Appraisal Rights Each Stockholder hereby waives any rights of appraisal or rights to dissent from the Merger.

  • Appraisers If it becomes necessary to determine the Fair Market Value or Fair Market Rental of the Leased Property for any purpose of this Lease, the party required or permitted to give Notice of such required determination shall include in the Notice the name of a Person selected to act as appraiser on its behalf. Within ten (10) days after Notice, Lessor (or Lessee, as the case may be) shall by Notice to Lessee (or Lessor, as the case may be) appoint a second Person as appraiser on its behalf. The appraisers thus appointed, each of whom must be a member of the American Institute of Real Estate Appraisers (or any successor organization thereto) with at least five (5) years’ experience in the State appraising property similar to the Leased Property, shall, within forty-five (45) days after the date of the Notice appointing the first appraiser, proceed to appraise the Leased Property to determine the Fair Market Value or Fair Market Rental thereof as of the relevant date (giving effect to the impact, if any, of inflation from the date of their decision to the relevant date); provided, however, that if only one appraiser shall have been so appointed, then the determination of such appraiser shall be final and binding upon the parties. To the extent consistent with sound appraisal practice as then existing at the time of any such appraisal, such appraisal shall be made on a basis consistent with the basis on which the Leased Property was appraised for purposes of determining its Fair Market Value at the time the Leased Property was acquired by Lessor. If two (2) appraisers are appointed and if the difference between the amounts so determined does not exceed five percent (5%) of the lesser of such amounts, then the Fair Market Value or Fair Market Rental shall be an amount equal to fifty percent (50%) of the sum of the amounts so determined. If the difference between the amounts so determined exceeds five percent (5%) of the lesser of such amounts, then such two appraisers shall have twenty (20) days to appoint a third appraiser. If no such appraiser shall have been appointed within such twenty (20) days or within ninety (90) days of the original request for a determination of Fair Market Value or Fair Market Rental, whichever is earlier, either Lessor or Lessee may apply to any court having jurisdiction to have such appointment made by such court. Any appraiser appointed by the original appraisers or by such court shall be instructed to determine the Fair Market Value or Fair Market Rental within forty-five (45) days after appointment of such appraiser. The determination of the appraiser which differs most in the terms of dollar amount from the determinations of the other two appraisers shall be excluded, and fifty percent (50%) of the sum of the remaining two determinations shall be final and binding upon Lessor and Lessee as the Fair Market Value or Fair Market Rental of the Leased Property, as the case may be. This provision for determining by appraisal shall be specifically enforceable to the extent such remedy is available under applicable law, and any determination hereunder shall be final and binding upon the parties except as otherwise provided by applicable law. Lessor and Lessee shall each pay the fees and expenses of the appraiser appointed by it and each shall pay one-half of the fees and expenses of the third appraiser and one-half of all other costs and expenses incurred in connection with each appraisal.

  • Determination by Independent Accountant The Independent Accountant shall make a determination as soon as practicable within thirty (30) days (or such other time as the parties hereto shall agree in writing) after their engagement, and their resolution of the Disputed Amounts and their adjustments to the Closing Working Capital Statement and/or the Post-Closing Adjustment shall be conclusive and binding upon the parties hereto.