By Appraisal Sample Clauses

By Appraisal. If the fair market value of the Shares is to be determined by Qualified Appraisers, the seller and purchaser will each have the opportunity to appoint, at his, her, or its own expense, a Qualified Appraiser, within five (5) days following the expiration of the ten (10)-day period within which the Seller and purchaser could not mutually agree on the fair market value. If either party shall fail to appoint a Qualified Appraiser within this five (5)-day period, the other Qualified Appraiser shall unilaterally establish the fair market value of the Shares by a written opinion. If both parties appoint Qualified Appraisers within this five (5)-day period, these two (2) Qualified Appraisers shall establish the fair market value of the Shares in a single written opinion agreed to by both of them. If these two (2) Qualified Appraisers cannot agree on the fair market value of the Shares within ten (10) days of the appointment of the latter of them, these two (2) appointed Qualified Appraisers shall together appoint a third Qualified Appraiser whose sole written opinion shall establish the fair market value of the Shares. Any action to be taken by Holdings under this section shall be taken by Holdings’ Board of Directors, except that the Seller shall not vote, either as a director or Stockholder, and either directly or through an agent or subordinate, with respect to such actions. The fees and reimbursed expenses charged by the Qualified Appraisers in the valuation under this section shall be borne solely equally by the purchaser and seller. Holdings will provide such data as any Qualified Appraiser deems necessary or useful to make such determination of the fair market value of the Shares. The parties agree that the Shares owned by AmerAlia (or any of its successors or assigns) shall be subject to any minority interest discount as may be deemed appropriate by the Appraiser.
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By Appraisal. (A) In the event that Lessee shall dispute Lessor’s determination of the Fair Market Rent for the Renewal Term, then Lessee shall so notify Lessor no later than ten (10) days after receiving the notice of Lessor’s determination. In its notice, Lessee shall designate an individual (who shall be an M.A.I. appraiser with at least five (5) years experience in industrial buildings in the Central Xxxxxxxxxx County industrial market) to act as its appraiser hereunder. Within ten (10) days after receiving Lessee’s notice as aforesaid, Lessor shall designate an individual (who shall be an M.A.I. appraiser with at least five(5) years experience in industrial buildings in the Central Xxxxxxxxxx County industrial market) to act as its appraiser hereunder.
Sample 1
By Appraisal. If the Company and such Purchaser are unable to ------------ agree on the value of the Stock and Common Stock Equivalents within 30 days after delivery of the notice under Section 7.01, the fair market value of the Stock and Common Stock Equivalents to be repurchased shall be determined by appraisal (the "Appraised Value") by a nationally recognized investment banker --------------- with experience in the industry in which the Company and the Subsidiaries are engaged, selected by the such Purchaser and reasonably acceptable to the Company's Board of Directors (excluding such Purchaser's Director), which investment banker shall not be affiliated with the Company or such Purchaser. If, within 45 days after delivery of the notice referred to in Section 7.01, an investment banker has not been selected, such Purchaser and the Company's Board of Directors (excluding such Purchaser's Director) shall each select an investment banker, and such investment banker shall select a third investment banker meeting the criteria specified above who shall conduct the appraisal. The appraiser shall value the Company and the Stock and Common Stock Equivalents to be purchased as if (i) the Company and such Stock and Common Stock Equivalents were being sold as part of the sale of all outstanding securities of the Company to an unrelated third party in an arms-length transaction for cash only, without deduction for illiquidity, minority interest, lack of control or any other similar consideration, and (ii) all proceeds of the deemed sale referred to above were being distributed among the Stockholders in accordance with the Certificate of Incorporation (treating Common Stock Equivalents as the number of shares of Stock for which they would then be exercisable in accordance with the preceding clause).
Sample 1

Related to By Appraisal

  • The Appraisal The Mortgage Loan Documents contain an appraisal of the related Mortgaged Property by an appraiser who is licensed in the state where the Mortgaged Property is located, and who had no interest, direct or indirect, in the Mortgaged Property or in any loan made on the security thereof; and whose compensation is not affected by the approval or disapproval of the Mortgage Loan, and the appraisal and the appraiser both satisfy the applicable requirements of Title XI of the Financial Institution Reform, Recovery, and Enforcement Act of 1989 and the regulations promulgated thereunder, all as in effect on the date the Mortgage Loan was originated;

  • Performance Appraisal The Executive’s performance may be evaluated by the Board of Directors or the Committee from time to time. The Executive shall be entitled to such additional remuneration, including but not limited to annual bonuses based on performance, as the Board of Directors or the Committee may, in its discretion, determine from time to time.

  • Appraisal The Mortgage File contains an appraisal of the related Mortgaged Property with an appraisal date within 6 months of the Mortgage Loan origination date, and within 12 months of the Cut-off Date. The appraisal is signed by an appraiser that (i) was engaged directly by the originator of the Mortgage Loan or the Mortgage Loan Seller, or a correspondent or agent of the originator of the Mortgage Loan or the Mortgage Loan Seller, and (ii) to the Mortgage Loan Seller’s knowledge, had no interest, direct or indirect, in the Mortgaged Property or the Mortgagor or in any loan made on the security thereof, and whose compensation is not affected by the approval or disapproval of the Mortgage Loan. Each appraiser has represented in such appraisal or in a supplemental letter that the appraisal satisfies the requirements of the “Uniform Standards of Professional Appraisal Practice” as adopted by the Appraisal Standards Board of the Appraisal Foundation.

  • Performance Appraisals 3201 The Employer shall complete a written appraisal of a nurse's performance at least bi-annually. Upon request, the nurse shall be given an exact copy of the appraisal. 3202 The nurse shall have an opportunity to read such document. 3203 The nurse's signature on such document merely signifies that the contents of the document have been read. 3204 If the nurse disputes the appraisal, she/he may file a reply to the document in accordance with Article 29, and/or she/he may file a grievance under Article 12 of this Agreement.

  • Inspections; Appraisals (a) Permit Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to visit and inspect the Properties of any Borrower or Subsidiary, inspect, audit and make extracts from any Borrower’s or Subsidiary’s books and records, and discuss with its officers, employees, agents, advisors and independent accountants such Borrower’s or Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to any Borrower to make any inspection, nor to share any results of any inspection, appraisal or report with any Borrower. Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrowers shall not be entitled to rely upon them.

  • Waiver of Appraisal Rights Stockholder hereby irrevocably and unconditionally waives any right of appraisal relating to the Merger that Stockholder may have by virtue of ownership of the Shares.

  • Qualified Appraiser An appraiser, duly appointed by the Seller or the Originator, who had no interest, direct or indirect, in the Mortgaged Property or in any loan made on the security thereof, and whose compensation was not affected by the approval or disapproval of the Mortgage Loan, and such appraiser and the appraisal made by such appraiser both satisfied the requirements of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and the regulations promulgated thereunder, all as in effect on the date the Mortgage Loan was originated.

  • Appraisals An appraisal of the related Mortgaged Property was conducted in connection with the origination of the Mortgage Loan, which appraisal is signed by an appraiser, who, to the Mortgage Loan Seller's knowledge, had no interest, direct or indirect, in the Mortgaged Property or the Borrower or in any loan made on the security thereof, and whose compensation is not affected by the approval or disapproval of the Mortgage Loan; in connection with the origination of the Mortgage Loan, each appraiser has represented in such appraisal or in a supplemental letter that the appraisal satisfies the requirements of the "Uniform Standards of Professional Appraisal Practice" as adopted by the Appraisal Standards Board of the Appraisal Foundation.

  • Appraised Value If an Objecting Party objects in writing to the Initial Valuation within ten (10) days after its receipt of the Valuation Notice, the Objecting Party, within fourteen (14) days from the date of such written objection, shall engage an Independent Appraiser (the “First Appraiser”) to determine within thirty (30) days of such engagement the Fair Market Value of the Partnership Interests (the “First Appraised Value”). The cost of the First Appraiser shall be borne by the Objecting Party. If the First Appraised Value is at least eighty percent (80%) of the Initial Value and less than or equal to one hundred twenty percent (120%) of the Initial Value, then the Purchase Price shall be the average of the Initial Value and the First Appraised Value. If the First Appraised Value is less than eighty percent (80%) of the Initial Value or more than one hundred twenty percent (120%) of the Initial Value, then the Partnership and the Objecting Party shall, within fourteen (14) days from the date of the First Appraised Value, mutually agree on and engage a second Independent Appraiser (the “Final Appraiser”). The cost of the Final Appraiser shall be borne equally by the Partnership and the Objecting Party. The Final Appraiser shall determine within thirty (30) days after its engagement the Fair Market Value of the Partnership Interests, but if such determination is less than the lesser of the Initial Value and the First Appraised Value then the lesser of the Initial Value and the First Appraised value shall be the value or if such determination is greater than the greater of the Initial Value and the First Appraised Value then the greater of the Initial Value and the First Appraised Value shall be the value (the “Final Valuation”). The Purchase Price shall be equal to the Final Valuation and shall be final and binding upon the parties to this Agreement for purposes of the subject transaction.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

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