Appraised Fair Market Value definition

Appraised Fair Market Value means, at any time, with respect to any applicable Eligible Real Property, the fair market value of such Real Property, as determined by reference to the most recent third-party appraisal of such Real Property received by the Administrative Agent in accordance with the terms hereof.

Appraised Fair Market Value means, as of any date, in respect of shares of Common Stock, the Average Closing Price, if clauses (i), (ii) or (iii) of the definition of Average Closing Price applies or, if clause (iv) of such definition obtains, the Fair Market Value per share of Common Stock, as determined by a qualified independent appraiser of national standing having not less than five (5) years' experience in the valuation of securities, the selection of which is mutually agreed by the Holder and the Company. In all cases where Appraised Fair Market Value is determined by an independent appraiser, as aforesaid, one half of such appraiser's fees and expenses shall be paid by each of the Holder and the Company. For the purposes of this definition, the agreement of the Holders of a majority in interest of the Warrants issued as of this date shall be deemed to be approval of all Holders of Warrants issued pursuant to the Securities Purchase Agreement.

Appraised Fair Market Value means, at any date of determination, the fair market value determined by an appraiser selected by Agent and pursuant to a methodology acceptable to Agent in its Permitted Discretion.

Examples of Appraised Fair Market Value in a sentence

• If for any reason (other than failure by Seller to provide full access to Company's appraiser) one of the appraisals is not completed within such two (2) month period, the results of the other, completed appraisal shall be deemed to be the Appraised Fair Market Value of the Facility.

• The Parties shall direct the third appraiser (i) to select one of the appraisals generated by the first two appraisers as the Appraised Fair Market Value of the Facility (without compromise, aka "baseball" arbitration), and (ii) to complete his or her work within one month following his or her retention.

• Firm’s proposed rental rates in excess of the minimums stated in the Lease Description section of this RFP package for determining 1) the annual percentage of Appraised Fair Market Value, and 2)the annual Percentage of BGR Lease Payments, respectively.

• The Parties shall direct the third appraiser (i) to select one of the appraisals generated by the first two appraisers as the Appraised Fair Market Value of the Facility (without compromise, aka “baseball” arbitration), and (ii) to complete his or her work within one month following his or her retention.

• If for any reason (other than failure by Seller to provide full access to Company’s appraiser) one of the appraisals is not completed within such two (2) month period, the results of the other, completed appraisal shall be deemed to be the Appraised Fair Market Value of the Facility.

More Definitions of Appraised Fair Market Value

Appraised Fair Market Value with respect to any Railcar, means the amount set forth in the Independent Appraisal with respect thereto as the amount, expressed in terms of Dollars, that may reasonably be expected for property exchanged between a willing buyer and a willing seller with equity to both, neither under any compulsion to buy or sell and both fully aware of all relevant, reasonably ascertainable facts.

Appraised Fair Market Value means, as of any date, in respect of shares of Common Stock, the Average Closing Price, if clauses (i), (ii) or (iii) of the definition of Average Closing Price applies or, if clause (iv) of such definition obtains, the Fair Market Value per share of Common Stock, as determined by a qualified independent appraiser of national standing having not less than five (5) years' experience in the valuation of securities, the selection of which is mutually agreed by the Holder and the Company. In all cases where Appraised Fair Market Value is determined by an independent appraiser, as aforesaid, one half of such appraiser's fees and expenses shall be paid by each of the Holder and the Company.

Appraised Fair Market Value with respect to any Real Estate, the price at which a willing buyer, who is not an Affiliate of the seller, and a willing seller, who does not have to sell, would agree to purchase and sell such Real Estate, as determined by an appraiser in an appraisal in form and substance reasonably satisfactory to Agent or other documentation in form and substance reasonably acceptable to Agent.

Appraised Fair Market Value means, as of any date, in respect of shares of Common Stock, the Average Closing Price, if clauses (i), (ii) or (iii) of the definition of

Appraised Fair Market Value shall have the meaning set forth in Section 8.2.

Appraised Fair Market Value of any Company asset means the fair market value of such asset determined by an independent appraiser mutually selected by the transferor and transferee. If the transferor and transferee of a Unit cannot mutually select an appraiser, within 21 days of the event triggering the need for an appraisal, then the transferor and transferee shall each identify one appraiser by written notice to the other party. The appraisers so selected shall independently appraise the asset(s) in dispute within 48 days of their selection. Within 14 days of the date written notice of completion of both appraisals, the parties shall meet and discuss the appraisals to determine a mutually acceptable valuation. If there is no agreement, then the identified appraisers shall mutually select a third appraiser, who shall independently appraise the asset(s) in dispute within 35 days of the date of selection and whose appraisal shall be controlling upon the affected parties. If either the transferor or transferee fails to timely identify an appraiser, or an appraiser fails to meet the appraisal deadline, such failure shall be deemed a waiver of the failing party's rights under this section, and the appraisal of the appraiser who was timely identified, or who timely appraised, shall appraise the asset(s) in dispute. The transferor and transferee shall pay for the fees and costs incurred with respect to their identified appraiser. Transferor and transferee shall equally divide the fees and costs of any third appraiser selected by the parties' appraisers, in the event the parties are unable to agree on the value of the asset(s) in dispute, as more fully described above.

Appraised Fair Market Value means, with respect to any asset, the fair market value as on the basis of an arm's length transaction between a willing buyer and a willing seller, which shall be determined on the basis of an appraisal, field examination and/or audit conducted by Hilco Valuation Services or a Person acceptable to the Administrative Agent.