Reasonably Equivalent Value definition

Reasonably Equivalent Value has the meaning specified in Section 1.07 of the Purchase Agreement.
View Source
Reasonably Equivalent Value means that the debtor has received value that is substantially comparable to the worth of the transferred property. To measure reasonably equivalent value, for purposes of the fraudulent transfer section of the Bankruptcy Code, courts judge the consideration given for a transfer from the standpoint of creditors: the proper focus is on the net effect of the transfers on the debtor’s estate, and the funds available to the unsecured creditors.
View Source
Reasonably Equivalent Value means that ‘the debtor has received value that is substantially comparable to the worth of the transferred property.’”76 In measuring the value of what has been received by the debtor, such value is to be judged from the standpoint of the debtor’s creditors. “‘The proper focus is on the net effect of the transfers on the debtor’s estate, [and] the funds available to the unsecured creditors.’”77
View Source

Examples of Reasonably Equivalent Value in a sentence

  • It is expressly understood among the parties that during the course of their engagement and at any time thereafter, the firms retained by Acquiror to deliver the Solvency Opinion and the Reasonably Equivalent Value Opinion will not provide confidential information of the Company or any of its Subsidiaries to the Acquiror.

  • The Reasonably Equivalent Value Opinion shall permit the Company and the Operating Subsidiaries to reasonably rely thereon, and upon receipt, Acquiror shall provide a copy of the Reasonably Equivalent Value Opinion to the Company and the Operating Subsidiaries.

  • The Company shall promptly reimburse the Acquiror for the fees of such firm providing the Reasonably Equivalent Value Opinion up to an aggregate amount that, together with the fees for the Solvency Opinion, does not exceed $500,000; provided, however, that at Acquiror's election, such aggregate fee amount may be credited against the Creditor Payment at Closing or against the Holdback Account.

  • The Company shall promptly reimburse the Acquiror for the fees of such firm providing the Solvency Opinion up to an aggregate amount that, together with the fees for the Reasonably Equivalent Value Opinion, does not exceed $500,000; provided, however, that at Acquiror's election, such aggregate fee amount may be credited against the Creditor Payment at Closing or against the Holdback Account.

  • The Acquiror shall have received the Reasonably Equivalent Value Opinion, and such opinion shall not have been withdrawn, revoked or modified prior to the Closing Date; provided, however, that Acquiror shall not be entitled to waive this condition.

  • With respect to Section 4.7 and Section 5.2(l) of the Asset Purchase Agreement related to the Solvency Opinion and Section 4.8 and Section 5.2(k) of the Asset Purchase Agreement related to the Reasonably Equivalent Value Opinion, the parties hereby agree that Holding Company may perform Acquiror's obligations thereunder.

  • On the proposed effective date of the transfer of any Vehicle or any Manufacturer Receivable pursuant to Section 1.06, subject to the satisfaction of the conditions set forth in Section 2.02, the applicable Purchaser shall pay to the applicable Seller the Reasonably Equivalent Value of such Vehicle or, in the case of a Manufacturer Receivable, the amount of such Manufacturer Receivable (in each case, the “Transfer Price”).

  • The parties acknowledge that in the event Holding Company obtains and delivers the Solvency Opinion and the Reasonably Equivalent Value Opinion, the covenants set forth in Section 4.7 and Section 4.8 and the conditions to closing set forth in Section 5.2(k) and Section 5.2(l) shall be deemed to have been complied with, notwithstanding that such covenants and conditions to closing were complied with by Holding Company and not Acquiror.

  • The Acquiror shall obtain a written opinion in the form and substance satisfactory to the Acquiror, from a firm selected by Acquiror providing that the Purchase Price being paid by Acquiror hereunder (taking into account the potential adjustments to the Purchase Price contained in Section 1.3(b)) for the sale of the Assets hereunder by the Company and the Operating Subsidiaries meets or exceeds the reasonably equivalent value of such Assets (the "Reasonably Equivalent Value Opinion").


More Definitions of Reasonably Equivalent Value

Reasonably Equivalent Value means, it “is not an esoteric
View Source
Reasonably Equivalent Value under the CUFTA means some sort of economic benefit. Lewis v. Taylor, 427 P.3d 796, 799-800 (Colo. 2018) (construing “reasonably equivalent value” in economic terms); Schempp I, 18 P.3d at 765-66. It can encompass direct or indirect consideration. Fifth Third Bank, 2017 WL 6492108, at *4. While reasonably equivalent value is not “synonymous with market value,” market value is a good yardstick by which to measure reasonably equivalent value. Schempp I, 18 P.3d at 765. How do the Cash Transfers and Business Transfers measure up?
View Source
Reasonably Equivalent Value means (i) with respect to a Vehicle that is subject to a Manufacturer Program that provides that such Vehicle must be resold to the applicable Manufacturer, the Termination Value of such Vehicle, (ii) with respect to any other Vehicle that is subject to a Manufacturer Program, the greater of the Market Value of such Vehicle and the Termination Value of such Vehicle immediately prior to the transfer thereof and (iii) with respect to any other Vehicle, the Market Value for such Vehicle. The applicable Seller and the applicable Purchaser hereby agree that title to each Vehicle transferred pursuant to Section 1.06 shall pass to the applicable Purchaser upon satisfaction of the conditions set forth in Section 2.02 in respect of such Vehicle. All payments to HVF hereunder shall be deposited into the Collection Account.
View Source
Reasonably Equivalent Value means (i) with respect to a Vehicle that is subject to a Manufacturer Program that provides that such Vehicle must be resold to the applicable Manufacturer, the Termination Value of such Vehicle, (ii) with respect to any other Vehicle that is subject to a Manufacturer Program, the greater of the Market Value of such Vehicle and the Termination Value of such Vehicle immediately prior to the transfer thereof and (iii) with respect to any other Vehicle, the Market Value for such Vehicle. The applicable Seller and the applicable Purchaser hereby agree that title to each Vehicle transferred pursuant to Section 1.06 shall pass to the applicable Purchaser upon satisfaction of the conditions set forth in Section 2.02 in respect of such Vehicle. All payments to HVF hereunder relating to HVF Vehicles shall be deposited into the Collection Account and all payments to HVF relating to HVF Segregated Vehicles constituting Series-Specific Collateral with respect to a particular Segregated Series, unless otherwise specified in the related Segregated Series Supplement, shall be deposited into the collection account, or similar account, for such Segregated Series.
View Source

Related to Reasonably Equivalent Value

  • Actuarially equivalent or "of equal actuarial value" means a benefit of equal value

  • Settlement Value means the amount which the holder of a Contract may receive for a Contract held until Expiration. The Settlement Value of a Binary Contract is $100. The Settlement Value of a Variable Payout Contract is determined as described in the definitions of Long and Short Variable Payout Contracts.

  • Replacement Value means the price, including accrued interest, at which Equivalent Securities to the Borrowed Securities could be purchased in the principal market for such securities at the time of election by State Street under Section 13.1 hereof.

  • Current Value shall have the meaning set forth in Section 11(a)(iii) hereof.

  • Agreement Value means, for each Hedge Agreement, on any date of determination, an amount determined by the Administrative Agent equal to: (a) in the case of a Hedge Agreement documented pursuant to the Master Agreement (Multicurrency-Cross Border) published by the International Swap and Derivatives Association, Inc. (the “Master Agreement”), the amount, if any, that would be payable by any Loan Party or any of its Subsidiaries to its counterparty to such Hedge Agreement, as if (i) such Hedge Agreement was being terminated early on such date of determination, (ii) such Loan Party or Subsidiary was the sole “Affected Party”, and (iii) the Administrative Agent was the sole party determining such payment amount (with the Administrative Agent making such determination pursuant to the provisions of the form of Master Agreement); or (b) in the case of a Hedge Agreement traded on an exchange, the ▇▇▇▇-to-market value of such Hedge Agreement, which will be the unrealized loss on such Hedge Agreement to the Loan Party or Subsidiary of a Loan Party party to such Hedge Agreement determined by the Administrative Agent based on the settlement price of such Hedge Agreement on such date of determination, or (c) in all other cases, the ▇▇▇▇-to-market value of such Hedge Agreement, which will be the unrealized loss on such Hedge Agreement to the Loan Party or Subsidiary of a Loan Party party to such Hedge Agreement determined by the Administrative Agent as the amount, if any, by which (i) the present value of the future cash flows to be paid by such Loan Party or Subsidiary exceeds (ii) the present value of the future cash flows to be received by such Loan Party or Subsidiary pursuant to such Hedge Agreement; capitalized terms used and not otherwise defined in this definition shall have the respective meanings set forth in the above described Master Agreement.