VALUATION OF Sample Clauses

VALUATION OF. FUND The Fund will be valued each Valuation Date at fair market value.
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VALUATION OF. Condensate and/or Natural Gas Liquids (NGL): The Value of Condensate and/or Natural Gas Liquids (NGL) shall be 75% of the price as shall be determined on the basis of either the FOB selling price per Barrel of a basket of three Crude Oils which, at the time of calculation, are being freely and actively traded in the international market or the spot market for the same Crude Oils ascertained in the same manner, whichever price, in the opinion of the Parties, more truly reflects the current value of such Crude Oils. Crude Oils which qualify for inclusion in the basket shall be those for which the spot price and term price FOB point of export is published on a regular basis in ▇▇▇▇▇'▇ Oilgram or in the Asian Petroleum Price Index (APPI) whichever the parties mutually consider more relevant for this purpose. Contractor and Petrobangla hereby agree that the following three Crude Oils shall be used: (i) Crude Oil 1 [to be agreed later] (ii) Crude Oil 2 [to be agreed later] (iii) Crude Oil 3 [to be agreed later]
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VALUATION OF. CRUDE OIL ------------------------- 8.1 Crude Oil sold to third parties shall be valued as follows: (a) All Crude Oil taken by CONTRACTOR including its share and the share for the recovery of Petroleum Operations Expenditures, and sold to third parties shall be valued at the net realized price received by CONTRACTOR for such Crude Oil F.O.
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VALUATION OF a Ship subject to long-term charter. The Market Value of a Ship subject to a Mortgage which at the relevant time is subject to a charter or other contract of employment having an unexpired term of at least 12 months with a first class charterer acceptable to the Lenders (in their absolute discretion) shall be the aggregate of the present values (as may be conclusively determined by the Agent) of: (a) the Bareboat-equivalent Time Charter Income of the Ship in respect of the remaining unexpired term of the relevant charter or other contract of employment excluding any periods for which the relevant charter or contract of employment may be renewed at the option of any party (for the purposes of this Clause 15.4, an “option period”); and (b) the current charter-free market value (determined in accordance with Clause 15.3 but subject to the adjustments referred to in this Clause 15.4) of a vessel with identical characteristics to the Ship other than its age which shall, for the purposes of this Clause 15.4, be considered to be the age of the Ship at the expiration of the charter or other contract of employment to which the Ship is subject at the relevant time (excluding any option periods), as such value may be adjusted to take into account the terms of any commitments undertaken by the Owner of the Ship which may affect its value. For the purposes of this Clause 15.4, the discount rate which will apply in calculating the present value of the amounts referred to in paragraphs (a) and (b) will be the aggregate of (i) the Margin and (ii) the applicable Interest Rate Swap Rate for a period equal to the unexpired term of the Ship’s charter or other contract of employment (excluding any option periods (rounded up to the nearest integral year)) unless the unexpired term of the Ship’s charter or other contract of employment (excluding any option periods) is less than 12 months in which the Interest Rate Swap Rate for a period of 12 months will apply.
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VALUATION OF. HOLYHEAD PORT AND STRANRAER PORT The value of each Port shall be the amount (expressed in Dollars by reference to exchange rates prevailing on the day of computation of the Security Value) determined as the earnings before interest, taxes, depreciation and amortisation in respect of such Port for the previous period of twelve (12) months as shown in the documents relating to such Port most recently delivered to and accepted by the Agent pursuant to Clause 14.2(E) multiplied by six and one half (6.5) provided that if the Agent on the instructions of the Majority Banks gives notice to the Borrower that the foregoing does not represent a fair market value of Holyhead Port and/or Stranraer Port the value shall be determined by the auditors of the Borrower or such other firm of auditors as the Agent shall on the instructions of the Majority Banks appoint on a basis which in the opinion of such auditors provides a Fair Market Valuation in accordance with the practice adopted by auditors in valuing similar port facilities in the United Kingdom. The foregoing procedure shall also be used to value any other Port which may from time to time be subject to a Port Mortgage in favour of the Security Agent. The initial values in Sterling of Holyhead Port and Stranraer Port shall be (pound)72,202,000 and (pound)13,533,000 respectively (being the values determined as at 31 December 2001 by reference to the earnings before interest, taxes, depreciation and amortisation for the previous twelve (12) months in respect of each respective Port).
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Related to VALUATION OF

  • Valuation The Subscriber acknowledges that the price of the Securities was set by the Company on the basis of the Company’s internal valuation and no warranties are made as to value. The Subscriber further acknowledges that future offerings of Securities may be made at lower valuations, with the result that the Subscriber’s investment will bear a lower valuation.

  • Valuation Date The value of the Collateral shall be determined on the date of the Buy-In (or the payment made pursuant to Section 6.2 below).

  • Determination of Fair Market Value For purposes of this Section 10.2, “fair market value” of a Share (or Common Stock if the Shares have been converted into Common Stock) as of a particular date (the “Determination Date”) shall mean: (i) If the Conversion Right is exercised in connection with and contingent upon a Public Offering, and if the Company’s Registration Statement relating to such Public Offering (“Registration Statement”) has been declared effective by the Securities and Exchange Commission, then the initial “Price to Public” specified in the final prospectus with respect to such offering. (ii) If the Conversion Right is not exercised in connection with and contingent upon a Public Offering, then as follows: (A) If traded on a securities exchange, the fair market value of the Common Stock shall be deemed to be the average of the closing prices of the Common Stock on such exchange over the five trading days immediately prior to the Determination Date, and the fair market value of the Shares shall be deemed to be such fair market value of the Common Stock multiplied by the number of shares of Common Stock into which each share of Series Preferred is then convertible; (B) If traded on the Nasdaq Stock Market or other over-the-counter system, the fair market value of the Common Stock shall be deemed to be the average of the closing prices of the Common Stock over the five trading days immediately prior to the Determination Date, and the fair market value of the Shares shall be deemed to be such fair market value of the Common Stock multiplied by the number of shares of Common Stock into which each Share is then convertible; and (C) If there is no public market for the Common Stock, then fair market value shall be determined by the Board of Directors of the Company in good faith. In making a determination under clauses (A) or (B) above, if on the Determination Date, five trading days had not passed since the closing of the Company’s initial public offering of its Common Stock (“IPO”), then the fair market value of the Common Stock shall be the average closing prices or closing bid prices, as applicable, for the shorter period beginning on and including the date of the IPO and ending on the trading day prior to the Determination Date (or if such period includes only one trading day, the closing price or closing bid price, as applicable, for such trading day). If closing prices or closing bid prices are no longer reported by a securities exchange or other trading system, the closing price or closing bid price shall be that which is reported by such securities exchange or other trading system at 4:00 p.m. New York City time on the applicable trading day.

  • VALUATION OF TRUST The Trustee must value the Trust Fund as of each Accounting Date to determine the fair market value of each Participant's Accrued Benefit in the Trust. The Trustee also must value the Trust Fund on such other valuation dates as directed in writing by the Advisory Committee or as required by the Employer's Adoption Agreement.

  • Portfolio Valuation and Diversification Etc 113118 SECTION 5.13. Calculation of Borrowing Base 118124 ARTICLE VI NEGATIVE COVENANTS 130136 SECTION 6.01. Indebtedness 130136 SECTION 6.02. Liens 132139 SECTION 6.03. Fundamental Changes and Dispositions of Assets 134140 SECTION 6.04. Investments 136143 SECTION 6.05. Restricted Payments 138144 SECTION 6.06. Certain Restrictions on Significant Subsidiaries 139145 SECTION 6.07. Certain Financial Covenants 139146 SECTION 6.08. Transactions with Affiliates 140146 SECTION 6.09. Lines of Business 140147 SECTION 6.10. No Further Negative Pledge 140147 SECTION 6.11. Modifications of Certain Documents 141147 SECTION 6.12. Payments of Other Indebtedness 141148 ARTICLE VII EVENTS OF DEFAULT 142149 SECTION 7.01. Events of Default 142149 ARTICLE VIII THE ADMINISTRATIVE AGENT 146153 SECTION 8.01. The Administrative Agent 146153 SECTION 8.02. Certain ERISA Matters 149156 SECTION 8.03. Erroneous Payments. 151157 ARTICLE IX MISCELLANEOUS 153160 SECTION 9.01. Notices; Electronic Communications 153160 SECTION 9.02. Waivers; Amendments 155161 SECTION 9.03. Expenses; Indemnity; Damage Waiver 158164 SECTION 9.04. Successors and Assigns 160167 SECTION 9.05. Survival 164171 SECTION 9.06. Counterparts; Integration; Effectiveness; Electronic Execution 164171 SECTION 9.07. Severability 165172 SECTION 9.08. Right of Setoff 165172