Difference in Valuation Sample Clauses
Difference in Valuation. If the determination of the fair value by the Advisors under paragraph 2(b) differs and the higher value differs from the lower value by
(a) not more than fifteen percent (15%) from the lower valuation, then the Fair Value shall be an amount equal to the average of both valuations and such amount shall be binding, final and enforceable on the Parties; or
(b) more than fifteen percent (15%) from the lower valuation, then within fourteen (14) days after the expiry of the Determination Period, the Advisors selected by the Parties shall select and appoint a concluding Advisor (the “Concluding Advisor”) from the Panel. If the Advisors fail to select a Concluding Advisor within fourteen (14) days after the expiration of the Determination Period, such Concluding Advisor shall be selected by Company at its own expense from among the Panel.
Difference in Valuation. If the determination of the fair value by the Appraisers under Section 4.2 differs and the higher value differs from the lower value by
(a) not more than fifteen percent (15%) from the lower valuation, then the Option Price shall be an amount equal to the average of both valuations and such amount shall be binding, final and enforceable on the Parties; or
(b) more than fifteen percent (15%) from the lower valuation, then within fourteen (14) days after the expiry of the Determination Period, the Appraisers selected by the Parties shall select and appoint a third Appraiser (the “Third Appraiser”) from the Approved Appraisers. If the Appraisers fail to select a Third Appraiser within fourteen (14) days after the expiration of the Determination Period, such Third Appraiser shall be selected by SFMT at its own expense from among the Approved Appraisers.