Determination of Values Clause Samples
The "Determination of Values" clause establishes the method by which specific financial or quantitative figures are calculated or agreed upon within a contract. Typically, this clause outlines the procedures, standards, or reference sources to be used when determining values such as asset prices, damages, or settlement amounts, and may specify the involvement of independent experts or third-party appraisers. Its core practical function is to ensure consistency and fairness in the valuation process, thereby reducing disputes and ambiguity over how key figures are established during the contract's performance or upon its termination.
Determination of Values. The Borrower will conduct reviews of the value to be assigned to each of its Portfolio Investments as follows:
Determination of Values. For the purposes of this Agreement and not to be required to be utilized for any other purpose (including, for the avoidance of doubt, the Borrower’s financial statements, valuations required under the Financial Accounting Standards Board Accounting Standards Codification Topic 820, Fair Value Measurement (ASC 820) or valuations required under the Investment Company Act), the Borrower will conduct reviews of the value to be assigned to each of its Portfolio Investments included in the Borrowing Base as follows:
Determination of Values. For purposes of the Loan Documents, the Eligible Portfolio Investments shall be valued as follows:
Determination of Values. The method of determination by the Company of the Net Investment Factor, and the number and value of Accumulation Units and Annuity Units, will be conclusive upon the Owner, any assignee, the Annuitant, and any beneficiary.
Determination of Values. Policy Value. Cost of insurance charges. Excess amount. Variable paid-up additional insurance.
Determination of Values. The Borrower will conduct reviews of the value to be assigned to each of its Portfolio Investments as follows:
(A) Quoted Investments - External Review. With respect to Portfolio Investments (including Cash Equivalents) for which market quotations are readily available, the Borrower shall, not less frequently than once each calendar week, determine the market value of such Portfolio Investments which shall, in each case, be determined in accordance with one of the following methodologies (as selected by the Borrower):
Determination of Values. The Borrower will conduct reviews of the value to be assigned to each of its Portfolio Investments included in the Credit Facility First Priority Collateral as follows:
Determination of Values. The Borrower will conduct reviews of the value to be assigned to each of its Eligible Portfolio Investments (and, as required on Schedule 1.01(f), each of its Non-Core Assets), as follows:
Determination of Values. The method of determination by the Company of the number and value of Annuity Income Units and other values is binding upon you, the Joint Annuitant (if any) and each Beneficiary.
Determination of Values. The Borrower shall determine the values of its Portfolio Investments in accordance with its Portfolio Pricing Practices. Solely for purposes of determining the Borrowing Base, the Value of any Portfolio Investment of the Borrower and its Subsidiaries shall be increased by the net unrealized gain as at the date such Value is determined of any Hedging Agreement entered into to hedge risks associated with such Portfolio Investment and reduced by the net unrealized loss as at such date of any such Hedging Agreement (such net unrealized gain or net unrealized loss, on any date, to be equal to the aggregate amount receivable or payable under the related Hedging Agreement if the same were terminated on such date).