Agreed Asset Value set forth in Section 1.1 of the Master Formation Agreement is hereby amended and restated in its entirety as follows:
Agreed Asset Value means $1,090,000,000.00.”
Agreed Asset Value means $760,000,000.00.”
Examples of Agreed Asset Value in a sentence
Such allocations shall take into account any variation between the adjusted Tax basis of property of the Company and its Agreed Asset Value, in accordance with the principles of Section 704(c) of the Code and the Regulations thereunder.
More Definitions of Agreed Asset Value
Agreed Asset Value is defined in Section 8.16(d)(i).
Agreed Asset Value means: (a) with respect to any Accounts, the Agreed Value of Accounts with respect thereto; (b) with respect to any Inventory, the Agreed Value of Inventory with respect thereto; and (c) with respect to any Fixed Assets, the Agreed Value of Fixed Assets with respect thereto.
Agreed Asset Value has the meaning set forth in Section 5(f) below.
Agreed Asset Value means the book value of the Company’s Assets less any reserves, determined in accordance with GAAP as of July 29, 2006 based on the July 29, 2006 balance sheet, attached as Exhibit H hereto, minus $30 million.
Agreed Asset Value means $12,000,000.
Agreed Asset Value means the gross fair market value of all of the Partnership’s assets (including the Property and the Project) on the date of the Redemption Notice, as the Partners may mutually agree in writing. If the Partners fail to agree upon the Agreed Asset Value within thirty (30) days after delivery of the Redemption Notice in accordance with Section 13.2(a), then any Partner may by written notice to the other Partners (an “Appraisal Notice”) cause such fair market value to be determined pursuant to the remainder of this Section 13.2(c). Within ten (10) days of delivery of the Appraisal Notice to each Partner, the Class A Limited Partner and the Class B Limited Partner shall each notify the other of its proposed Agreed Asset Value (collectively, the “Proposed Valuations”) and mutually designate a third-party valuation firm that has not less than ten (10) years of experience valuing assets substantially similar to the Partnership’s (the “Valuation Consultant”). If such Partners fail to mutually agree upon a Valuation Consultant within such ten (10)-day period, then each of the Class A Limited Partner and the Class B Limited Partner shall designate a third-party valuation and notify the other Partner of such designation within ten (10) days after the expiration of the initial ten (10)-day period, and the two designated third-party valuation firms shall designate a third such valuation firm, which shall be the Valuation Consultant. The Valuation Consultant shall thereafter be engaged by the Partnership to determine the gross fair market value of all of the Partnership’s assets (including the Property and the Project), which determination shall (i) be delivered to the Partners in writing, with supporting backup, as promptly as practicable (and not later than sixty (60) days following such engagement), (ii) not be greater than the highest Proposed Valuation or lower than the lowest Proposed Valuation, and (iii) shall be the Agreed Asset Value and final and binding on the Partnership and the Partners. The Partners agree that a “Restricted Appraisal” (as such term is defined or used in the appraisal industry) of the Property and the Project is sufficient for purposes of the Valuation Consultant’s determination of the Agreed Asset Value. The fees and expenses of the Valuation Consultant (and the other two designated firms, if applicable) shall be expenses of the Partnership and reflected in the calculation of the Computed Value.
Agreed Asset Value is defined in Section 13.2(c).