Higher Value definition
Examples of Higher Value in a sentence
The higher of the values set forth in the Appraisers' Certificates is hereinafter referred to as the "Higher Value" and the lower of such values is hereinafter referred to as the "Lower Value".
The higher of the Appraisal Number of ATI Shares set forth on the Appraisers' Certificates is hereinafter referred to as the "Higher Value" and the lower of the Appraisal Number of ATI Shares is hereinafter referred to as the "Lower Value." If the Higher Value is not more than 110% of the Lower Value, the Final Number of ATI Shares shall be the arithmetic average of such two Values.
If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the RCN-Sub Appraiser and the BecoCom Appraiser shall agree upon and jointly designate a third Appraiser (the "Third Appraiser").
If the Higher Value is not more than 115% of the Lower Value, or if the Higher Value and the Lower Value are equally close to the Third Value, each Member shall bear 50% of the cost of the Third Appraiser, if any; otherwise, the Member (or group of Members, pro rata as per their Investment Percentages), whose Appraiser's determination of the Fair Market Value of the Selling Member's Interest is further away from the Third Value shall bear the entire costs of the Third Appraiser.
If the Higher Value is not more than 115% of the Lower Value, or if the Higher Value and the Lower Value are equally close to the Third Value, each of RCN-Sub and BecoCom shall bear 50% of the cost of the Third Appraiser, if any; otherwise, the party whose Appraiser's determination of Fair Market Value of the Minority Member's Interest is further away from the Third Value shall bear the entire costs of the Third Appraiser.
If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the ATI Appraiser and the USW Appraiser shall agree upon and jointly designate a third firm of recognized national standing familiar with appraisal techniques applicable to the determination of the Appraisal Number of ATI Shares to serve as an appraiser pursuant to this Section 1.3 (the "Third Appraiser"), by written notice to each of ATI and USW.
If the Higher Value is more than 110% of the Lower Value, a third appraiser shall be selected in accordance with the provisions of paragraph (e) below, and the Final Number of ATI Shares will be determined in accordance with the provisions of paragraph (f) below.
The higher of the values set forth on the Appraisers Certificates is hereinafter referred to as the "Higher Value," and the lower of such values is hereinafter referred to as the "Lower Value." If the Higher Value is not more than 110% of the Lower Value, the Fair Market Value of the Selling Member's Interest will be the arithmetic average of the Higher Value and the Lower Value.
The higher of the values set forth on the Appraisers' Certificates is hereinafter referred to as the "Higher Value," and the lower of such values is hereinafter referred to as the "Lower Value." If the Higher Value is not more than 110% of the Lower Value, the Fair Market Value of the Minority Member's Interest will be the arithmetic average of the Higher Value and the Lower Value.
If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the First Appraiser and the Second Appraiser shall agree upon and jointly designate a third Appraiser (the "Third Appraiser"), by written notice to each Member.