Independently Determined definition

Independently Determined means determined in good faith by an independent investment bank of international repute selected by the Parent Companies or Fortis Bank (as applicable) and approved in writing by the Trustee, acting as an expert (at the expense of the Parent Companies or Fortis Bank, as applicable).
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Independently Determined means, with respect to any determination of value or other determination, to be determined in good faith by an independent investment bank (in the case of securities) or an independent appraiser (in the case of other assets), in each case of international reputation, selected by the Issuer, acting as an expert and at the expense of the Issuer.
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Independently Determined means determined in good faith by an independent investment bank of international repute, selected by the Issuer and approved in writing by the holders of a majority in aggregate principal amount of the Notes then outstanding, and acting as an expert and at the expense of the Issuer.
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Examples of Independently Determined in a sentence

  • The Trustee (or the Exchange Agent, as the case may be) shall notify all Holders of such change as soon as practicable as set forth in Section 11.1. In the event of a dispute between the Issuer and a Holder as to whether, and the extent to which, any adjustment should be made to the composition of the Exchange Property, such dispute shall be Independently Determined.

  • The determination of the chosen Independent Firm as to the Net Working Capital as of the Closing Date (the "Independently Determined NWC") will be conclusive and binding upon Buyer and Sellers and will be used for the post-Closing payments required under subsection (c) below.

  • When the Board becomes aware of a Change in Control in relation to a Corporation which is a Person Entitled to a Share (whether as a result of a notice under clause 10 of this schedule or otherwise), the Board may give a Transfer Notice (in which the Fair Value must be the Independently Determined Fair Value) in respect of the Sale Shares to the Other Shareholders not more than 15 Business Days after the Board is informed of the Independently Determined Fair Value.

  • The person determining the Independently Determined Fair Value (the “Expert”) does so as an expert and not as an arbitrator and the determination of the Expert is final and binding on all persons.

  • If the Fair Value that must be stated in the Transfer Notice relating to a Proposed Dealing or a Change in Control of a Corporation is the Independently Determined Fair Value, the Board must cause the Independently Determined Fair Value to be determined as soon as possible after it determines that a Transfer Notice is to be given.

  • In the event of any such election, the Issuer will ensure that such redemption monies are paid to the relevant Holder as soon as reasonably practicable and in any event, not later than the fifth Business Day after the end of the Calculation Period or the date the Cash Settlement Amount is Independently Determined, as the case may be, and otherwise in accordance with this Indenture.

  • The Trustee and Exchange Agents shall have the authority with respect to any determination or calculation to be made in accordance with this Article VIII to rely upon, without any liability for doing so, any determination or calculation Independently Determined.

  • The Trustee or the Exchange Agent, as the case may be, shall notify all Holders of such change as soon as practicable in the manner specified in Section 11.1. In the event of a dispute as to whether, and the extent to which, any adjustment should be made to the composition of the Exchange Property, such dispute shall be Independently Determined.

  • Any calculation or determination of the Issuer shall (in the absence of manifest error and subject to any dispute that is Independently Determined as provided under Section 8.16) be final and binding upon all parties.


More Definitions of Independently Determined

Independently Determined means determined in good faith by an independent investment bank of international repute, selected by the Issuer and approved in writing by the Trustee, acting as an expert (at the expense of the Issuer).
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Related to Independently Determined

  • determined means a determination made in the absolute discretion of the person making the determination.

  • Expert Determination the process described in Paragraph 6 of Schedule 8.3 (Dispute Resolution Procedure);

  • Finally Determined means when a claim or dispute has been finally determined by a court of competent jurisdiction or other agreed-upon governing body and either (a) no associated appeal has timely been sought if capable of being sought, or (b) any and all appellate rights properly exercised have otherwise been exhausted.

  • Independent living means a planned program of services designed to assist a child age 16 and over

  • Independent Evaluator A person empowered, pursuant to Section 23.5 (Failure to Reach Agreement) and Section 23.10 (Dispute) of this Agreement, to resolve disputes due to failure of the Parties to agree on a Performance Standards Revision Document.