DETERMINATION OF MARKET VALUE. (1) Where it is necessary to determine the Market Value of land in accordance with this Part, the following provisions will apply.
DETERMINATION OF MARKET VALUE. Custodian shall obtain the Market Value of all Assets to be transferred to Buyer’s Account with respect to a Transaction from the most recently delivered Asset Tape, or from Seller or Buyer as provided in the definition of Market Value. Custodian shall exclude from the determination of the Market Value and return to Seller’s Account any Assets that (x) do not constitute Eligible Assets (including those Assets as to which Buyer and Seller are disputing the Market Value and such dispute is not resolved by 4:30 p.m.), (y) otherwise do not meet the criteria set forth in Section 3(a)(i) or (z) do not conform to Seller’s instructions provided to Custodian under Section 2(a). If the Market Value of Eligible Assets to be transferred to Buyer’s Account on any Purchase Date is less than the Repurchase Price with respect to the Transaction the Repurchase Date for which is the same date, Custodian shall immediately notify Seller, and Seller shall deliver Additional Purchased Assets and/or Cash to Seller’s Account in an amount sufficient to cure the shortfall by no later than 5:00 p.m. on such Purchase Date.
DETERMINATION OF MARKET VALUE. For purposes of this Agreement, the Current Market Value of a share of Common Stock (the "Current Market Value") shall be the closing price per share of Common Stock on the date of determination. The closing price for any day shall be the last sale price, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the New York Stock Exchange or, if the Common Stock is not listed or admitted to trading on the New York Stock Exchange, as reported in the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which the Common Stock is listed or admitted to trading or, if the Common Stock is not listed or admitted to trading on any national securities exchange, the last quoted price or, if not so quoted, the average of the high bid and low asked prices in the over-the-counter market, as reported by NASDAQ (including the OTCBB), the National Quotation Bureau Incorporated or such other system then in use with respect to the Common Stock, or, if on any such date the Common Stock is not quoted by any such organization, the average of the closing bid and asked prices as furnished by a professional market maker making a market in the Common Stock selected by the Board of Directors. If the Common Stock is not publicly held or so listed or traded, the Current Market Value shall mean the current value per share as determined in good faith by the Board of Directors of the Company at its expense. If a Holder objects to the Current Market Value as so determined, an independent investment banker reasonably acceptable to such Holder(s) and the Company shall make a determination of Current Market Value which shall be conclusive. If such determination is five percent (5%) or more greater than the current value as determined by the Board of Directors, then the Company shall pay the reasonable costs and expenses of such independent investment banker; otherwise the Holder(s) shall pay such costs and expenses.
DETERMINATION OF MARKET VALUE. Custodian shall determine the Market Value of Eligible Securities to be transferred to Buyer’s Account.
DETERMINATION OF MARKET VALUE. The aggregate market value of the Assets of a Common Fund shall be any cash plus the sum of the independent current market price of each security being purchased hereunder. For purposes of this Agreement, the "current market price" shall be determined pursuant to paragraph (b) of Rule 17a-7 under the Investment Company Act of 1940 as interpreted and applied by the staff of the Securities and Exchange Commission. Securities may be valued on the basis of prices provided by independent pricing services when such prices are believed by Northern to reflect the fair market value of such securities.
DETERMINATION OF MARKET VALUE. The market value of each Participant's Partnership Interest shall be that Participant's ratable share of the aggregate market value of the securities and cash held by the Pooled Fund Partnership as set forth in Exhibit B hereto (collectively, the "Securities"). The aggregate market value of the Securities shall be any cash plus the sum of the value of each security being transferred, determined in accordance with the methods for valuing portfolio securities of the Portfolio set forth in the Prospectus and Statement of Additional Information for the Portfolio.
DETERMINATION OF MARKET VALUE. Custodian shall obtain the Market Value of all Assets to be transferred to Buyer’s Account with respect to a Transaction from the most recently delivered Asset Tape, or from Seller or Buyer as provided in the definition of Market Value. Custodian shall exclude from the determination of the Market Value and return to Seller’s Account any Assets that (x) do not constitute Eligible Assets, (y) otherwise do not meet the criteria set forth in Section 3(a)(i) or (z) do not conform to Seller’s instructions provided to Custodian under Section 2(a). If the Market Value of Eligible Assets to be transferred to Buyer’s Account on any Purchase Date is less than the Repurchase Price with respect to the Transaction the Repurchase Date for which is the same date, Custodian shall immediately notify Seller, and Seller shall deliver Additional Purchased Assets and/or Cash to Seller’s Account in an amount sufficient to cure the shortfall by no later than 5:00 p.m. on such Purchase Date.
DETERMINATION OF MARKET VALUE. If any calculation of market price or value per share of common stock required to be made by this Agreement becomes incapable of calculation in accordance with the terms of this Agreement due to the failure of sales of the common stock to be reported on the NASDAQ system, then for purposes of making such calculation, reference shall be made to (i) reported sale prices for comparable periods if the common stock is quoted on a national exchange, or (ii) the average of the mean between each days' highest "bid" price and lowest "asked" price for comparable periods if the common stock is quoted over-the-counter or (iii) book value per share of common stock based on most recent quarterly financial report or, if more recent, annual report or financial statement of the issuer of such shares.
DETERMINATION OF MARKET VALUE. If there is a need to determine the “market value” for an asset in the Agreement, the method of computing the “market value” shall be as set forth in Exhibit 14. If the State selects a new operator for the Project through new bidding procedures after expiration of the Project Period, the State may compute the market value of assets by the method stipulated in Exhibit 14 from a day from four years before the Airport Operating Business Expiration Date for the purposes for such bidding procedures although such time may be before the time of evaluation. In this case, the method for adjusting differences, if any, between the value of assets as of the time of computation of the market value and that as of the time of evaluation may be stipulated in advance. Chapter 18 Termination or Cancellation of the Agreement and Measures to be Taken Accompanying Termination or Cancellation
DETERMINATION OF MARKET VALUE. Purchaser and Seller shall each have the Aircraft appraised by a competent appraiser, each at its own expense, if any. Purchaser and Seller hereby agree that the Market Value as of 1 August 2007 shall be the mean of these two appraisals. Purchaser and Seller understand, acknowledge and agree that Seller intends to use Aradian Aviation Ltd., Guernsey, Channel Islands, UK, as its appraiser, and that Purchaser intends to use Aviation Management Consulting, Inc., of Rockford, IL, as its appraiser.
