Determination of Value Clause Samples
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Determination of Value. 10.1 Fair Market Value shall be determined in accordance with the following procedure:
(i) Landlord shall within fifteen (15) days following the date on which Landlord receives an Option Exercise Notice select a surveyor and notify Tenant in writing of the name, address and qualifications of such surveyor. Within fifteen (15) days following Tenant’s receipt of Landlord’s notice of the surveyor selected by Landlord, Tenant shall select a surveyor and notify Landlord of the name, address and qualifications of such surveyor. Such two surveyors shall endeavour to agree upon Fair Market Value based on a written appraisal made by each of them as of the date of the Option Exercise Notice. If such two surveyors shall agree upon a Fair Market Value, the amount of such Fair Market Value as so agreed shall be binding and conclusive upon Landlord and Tenant.
(ii) If such two surveyors shall be unable to agree upon a Fair Market Value within twenty (20) days after the selection of a surveyor by Tenant then such surveyors shall advise Landlord and Tenant of then respective determination of Fair Market Value, the two appraisers shall select a third surveyor to make the determination of Fair Market Value. The selection of the third surveyor shall be binding and conclusive upon Landlord and Tenant.
(iii) If such two surveyors shall be unable to agree upon the designation of a third surveyor within ten (10) days after the expiration of the twenty (20) day period referred to in clause (ii) above, or if such third surveyor does not make a determination of Fair Market Value within twenty (20) days after his selection, then such third surveyor or a substituted third surveyor, as applicable, shall, at the request of either party hereto, be appointed by the Chairman of the Scottish RIGS. If the said Chairman shall, for any reason, not be available or shall be unable to make such appointment at the time of the application therefor, then the appointment may be made by the next senior officer of the Scottish RICS then available and able to make such appointment or, if no such officer of the Scottish RICS shall be so available and able, by such officer of such professional body of surveyors as the Landlord shall designate (and any reference to the Chairman shall be deemed to include a reference to such senior office holder or other officer). The determination of Fair Market Value made by the third surveyor appointed pursuant hereto shall be made within twenty (20) days after such app...
Determination of Value. All computations of value shall be made by State Street Bank and Trust Company, on behalf of the Acquiring Fund and the Acquired Fund.
Determination of Value. All computations of value shall be made by BNY Mellon Investment Servicing (US) Inc., the Acquiring Fund’s and the Acquired Fund’s accounting agent, in accordance with its regular practice in pricing the shares and assets of the Acquiring Fund and the Acquired Fund.
Determination of Value. 51 30. Non-Recourse as to Landlord ................................ 54 31. Financing .................................................. 54 32. Subordination .............................................. 54 33.
Determination of Value. Whenever, under this Agreement, it is necessary to determine whether one benefit is less than, equal to, or larger than another in value (whether or not such benefits are provided under this Agreement), such determination shall be made using the assumptions described in Section 11.
Determination of Value. Unless the Parent and Executive otherwise agree in writing, any determination required under this Section 8 will be made in writing by an independent valuation firm (the “Firm”) immediately prior to any Change of Control, whose determination will be conclusive and binding upon Executive and the Parent for all purposes. For purposes of making the calculations required by this Section 8, the Firm may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Parent and Executive will furnish to the Firm such information and documents as the Firm may reasonably request in order to make a determination under this Section 8. The Parent will bear all costs the Firm may reasonably incur in connection with any calculations contemplated by this Section 8.
Determination of Value. All computations of value shall be made by Huntington Asset Services, Inc., the Acquiring Fund’s and the Selling Fund’s transfer agent, in accordance with its regular practice in pricing the shares and assets of the Acquiring Fund and the Selling Fund.
Determination of Value. All computations of value hereunder shall be made in accordance with each Fund’s regular practice and the requirements of the Investment Company Act of 1940, as amended (the “1940 Act”) and shall be subject to confirmation by each Fund’s respective independent registered public accounting firm upon reasonable request of the other Fund. Upholdings LLC and Alpha Trust agree to use commercially reasonable efforts to resolve prior to the Valuation Time any material pricing differences for prices of portfolio securities of the Target Fund which are to be acquired by the Acquiring Fund.
Determination of Value. If only one appraiser is appointed, the ---------------------- appraiser must deliver a signed report (an "Appraisal Report") to Owner and Holder within 30 days after his appointment. An Appraisal Report must set forth the appraiser's determination of the Value and the considerations on which his opinion is based. If two appraisers are appointed and they agree on the Value, they must deliver a signed joint Appraisal Report to Owner and Holder within 40 days after the appointment of the second appraiser. If two appraisers are appointed and they fail to agree on the Value, each appraiser must deliver his signed Appraisal Report to Owner and Holder within 35 days after his appointment. If the lower of the two determinations is at least 95% of the higher, the Value will be the average of the two determinations. If not, then within ten days after Owner or Holder requests the two appraisers to do so, they must appoint a third appraiser who is a Qualified Appraiser. Within ten days after his appointment, the third appraiser must select one of the two determinations as being the same as or the closer to the amount that he determines as the Value; and the selected determination will be the Value.
Determination of Value. All computations of value shall be made by Federated Services Company, on behalf of the Acquiring Fund and the Acquired Fund. Article III