Discretions in determining the Mid. Market Value (i) subject to the Overriding Valuation Provisions, the date and time as of which the quotations are to be obtained will be selected by the Company; (ii) the Company may discard values or prices where it determines appropriate in the circumstances, in particular where the Company reasonably believes that the discarded values or prices would have a distorting effect on any arithmetic mean; and (iii) the Company shall not be required to: (a) enter, or seek to enter, into any replacement contract(s) or transaction(s); or (b) transfer, or seek to transfer, any contract(s) or transaction(s).
Appears in 2 contracts
Sources: Claim Resolution Agreement, Claim Resolution Agreement