Third Value definition
Examples of Third Value in a sentence
The Fair Market Value will be (w) the Lower Value, if the Third Value is less than the Lower Value, (x) the Higher Value, if the Third Value is greater than the Higher Value, (y) the arithmetic average of the Third Value and the other Value (Lower or Higher) that is closer to the Third Value if the Third Value falls within the range between (and including) the Lower Value and the Higher Value and (z) the Third Value, if the Lower Value and the Higher Value are equally close to the Third Value.
If the Higher Value is not more than 115% of the Lower Value, or if the Higher Value and the Lower Value are equally close to the Third Value, each of the Asset Member and the other Members shall bear 50% of the cost of the Third Appraiser, if any; otherwise, the party whose Appraiser's determination of Fair Market Value is further away from the Third Value shall bear the entire cost of the Third Appraiser.
If the Higher Value is not more than 115% of the Lower Value, or if the Higher Value and the Lower Value are equally close to the Third Value, each Member shall bear 50% of the cost of the Third Appraiser, if any; otherwise, the Member (or group of Members, pro rata as per their Investment Percentages), whose Appraiser's determination of the Fair Market Value of the Selling Member's Interest is further away from the Third Value shall bear the entire costs of the Third Appraiser.
The RCN-Sub Appraiser and BecoCom Appraiser shall direct the Third Appraiser to determine the Fair Market Value of the Minority Member's Interest (the "Third Value") in accordance with the provisions of subparagraph (ii) above, and to deliver to both RCN-Sub and BecoCom an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder.
If the Higher Value is not more than 115% of the Lower Value, or if the Higher Value and the Lower Value are equally close to the Third Value, each of RCN-Sub and BecoCom shall bear 50% of the cost of the Third Appraiser, if any; otherwise, the party whose Appraiser's determination of Fair Market Value of the Minority Member's Interest is further away from the Third Value shall bear the entire costs of the Third Appraiser.
ATI and Transferee shall direct the Third Appraiser to determine the Appraisal Number of ATI Shares (the "Third Value") in accordance with the provisions of paragraph (c) above, and to deliver to ATI and Transferee an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder.
The First Appraiser and the Second Appraiser shall direct the Third Appraiser to determine the Fair Market Value of the Selling Member's Interest (the "Third Value") in accordance with the provisions of subparagraph (ii) above, and to deliver to the Members an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder.
The Representative Partners shall direct the Third Appraiser to determine the Fair Market Value or Private Market Value, as the case may be, of the asset (the "Third Value") in accordance with the provisions of subparagraph (ii) above, and to deliver to the Representative Partners an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder.
If the Third Value does not fall within the Mid-Range, then the Fair Market Value will be the average of (i) the Third Value and (ii) either (A) the High Value or (B) the Low Value, whichever is closest to the Third Value.
ATI and USW shall direct the Third Appraiser to determine the Appraisal Number of ATI Shares (the "Third Value") in accordance with the provisions of Section 1.3(c) above, and to deliver to ATI and USW an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder.