Minimum Net Asset Value. (i) Party B’s, Net Asset Value (exclusive of shareholder redemptions, withdrawals, subscriptions, contributions and similar items (however described)) as of the last business day of any calendar month declines 20% or more from Party B’s Net Asset Value (exclusive of shareholder redemptions, withdrawals, subscriptions, contributions and similar items (however described)) as of the last business day of the immediately preceding calendar month; (ii) Party B’s Net Asset Value (exclusive of shareholder redemptions, withdrawals, subscriptions, contributions and similar items (however described)) as of the last business day of any calendar month declines 30% or more from Party B’s Net Asset Value (exclusive of shareholder redemptions, withdrawals, subscriptions, contributions and similar items (however described)) as of the last business day of the third calendar month immediately preceding such day; (iii) Party B’s Net Asset Value declines by 40% or more from Party B’s Net Asset Value as of the last business day of the same month in the immediately preceding calendar year; or (iv) if less than 12 months have elapsed from the date of this Agreement, Party B’s Net Asset Value declines by 40% or more from Party B’s highest Net Asset Value at any month end during such 12 month period.
Minimum Net Asset Value. The Net Asset Value of such Fund or Portfolio at the time of a Borrowing request shall be at least $10,000,000.
Minimum Net Asset Value. 5.3.1. As soon as practical following the date hereof, Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxxxx, Xxxxx Xxxxxxx Xxxxxxx, Xx. and Xxxxxxx Xxxxx Xxxxxxx (collectively, the “Executives”), shall deliver to Purchaser a balance sheet of Crosstex as of July 31, 2005 in the form of Schedule 5.3 (the “NAV Balance Sheet”), which reflects the Net Asset Value of Crosstex as of July 31, 2005, together with a certification and representation signed by each of the Executives that the NAV Balance Sheet is true, correct and accurate in all material respects. Purchaser and the Executives and their respective authorized representatives, at their own expense, shall have the right to perform such audit and review procedures with respect to the NAV Balance Sheet as they may determine is necessary. The NAV Balance Sheet shall be prepared and derived from the books and records of Crosstex and calculated using the methods used to compute the Net Asset Values at October 31, 2004 and June 30, 2005. Within fifteen (15) days following its receipt of the NAV Balance Sheet, Purchaser shall advise the Executives in writing if it disputes the accuracy of the NAV Balance Sheet (and the determination of Net Asset Value set forth therein), whereupon the parties shall attempt in good faith to resolve such dispute within thirty (30) days. Purchaser and Seller acknowledge and agree that the Net Asset Value of Crosstex as of June 30, 2005 is $18,103,973. Purchaser further acknowledges that it has had full opportunity to review with the Executives, and has carefully reviewed, the Net Asset Value calculation of Crosstex as of June 30, 2005 and has had full opportunity to ask questions of the Executives in connection with the calculation thereof. Accordingly, absent fraud, Purchaser shall not dispute the accuracy of the NAV Balance Sheet to the extent it relates to any period prior to July 1, 2005. If a dispute under this Section 5.3.1 cannot be fully resolved by the parties within said thirty (30) day period, the parties shall submit the unresolved dispute for determination to a nationally recognized accounting firm to be mutually selected by Purchaser and the Executives. The accounting firm shall be requested to resolve such dispute within forty-five (45) days. The decision of the accounting firm with respect to the dispute shall be binding upon Purchaser, Seller and each of the Executives. The Executives, on the one hand, and Purchaser, on the other hand, shall each bear 50% of the fees and expenses of...
Minimum Net Asset Value. Borrower shall not permit Net Asset Value to, at any time, to be less than $1,000,000,000.
Minimum Net Asset Value. A. Total Asset Value of the Companies, on a consolidated basis, as of the Statement Date: $
Minimum Net Asset Value. The Borrower will not permit Net Asset Value to be less than an amount equal to eighty five percent (85%) of the Net Asset Value as of the Effective Date.
Minimum Net Asset Value. The Purchase Price is based on the Minimum Net Asset Value as per Closing. In the event the Net Asset Value on the Closing Date, determined in accordance with clause 4.6, falls short of the Minimum Net Asset Value the Purchase Price shall be reduced on a euro for euro basis corresponding to the difference between the Net Asset Value and the Minimum Net Asset Value.
Minimum Net Asset Value. The Borrower Parties will not permit Net Asset Value to be less than $1,500,000,000 plus 75% of net common equity investments raised as of the last day of any fiscal quarter during the term of this Agreement.
Minimum Net Asset Value. The Westcor Net Asset Value shall not at any time be less than the sum of (a) $600,000,000, less (b) 100% of the cumulative mandatory repayments made under the Interim Facility (pursuant to Section 7.16 hereof and Section 3.3 of the Interim Facility) and this Agreement (pursuant to Section 3.3) in connection with a Financing or Disposition of a Westcor Asset.
Minimum Net Asset Value. (Section 7.7(c) of the Credit Agreement)
