Third Party Valuator definition
Examples of Third Party Valuator in a sentence
The Third Party Valuator shall make a determination as soon as practicable within fifteen (15) days (or such other time as the Owner and the Holder shall agree in writing) after their engagement, and its determination of the Guaranteed FCF Amount shall be conclusive and binding upon the Parties hereto and will not be subject to appeal, absent manifest error.
The final, binding and conclusive calculation of the Guaranteed FCF Amount based upon the agreement or deemed agreement of the Owner and the Holder or the written determination delivered by the Third Party Valuator, in either case in accordance with this Section 3(e), shall be deemed to be the Guaranteed FCF Amount for purposes of this Agreement.
Tenant, upon paying the Annual Base Rent, Escalation Rent and Additional Rent and other charges herein provided for and observing and keeping all covenants, agreements and conditions of this Ground Lease on its part to be kept, shall quietly have and enjoy the Premises during the Term of this Ground Lease without hindrance by anyone claiming by, through or under the Town, subject, however, to the exceptions, reservations and conditions of this Ground Lease and matters of record.
The fees and expenses of the Third Party Valuator shall be paid by the Holder unless a deficiency of five percent (5%) or more of the amount due is determined to exist.
The Owner shall pay the reasonable costs of the Third Party Valuator if a deficiency of five percent (5%) or more of the amount due is determined to exist.
The costs and expenses of the Third Party Valuator are to be paid 50% by Seller and 50% by Buyer.
Each Inventory Audit shall be conducted, and the value ascribed to each item of Inventory by the Third Party Valuator in determining the aggregate value of the applicable Pharmacy’s Inventory (the “Inventory Value”) shall be determined, in accordance with the inventory count and valuation procedures set forth on Schedule 2.2(c).
Prior to the Closing Date, NBT Bank shall obtain a valuation from the Third Party Valuator regarding the restrictive covenants in Section "4(a)" hereof.
If the parties cannot agree on appointing the Third Party Valuator, each of the parties will select an independent nationally recognized accounting firm or valuation expert and those two independent nationally recognized accounting firms or valuation experts, as applicable, will appoint the Third Party Valuator.
The Third Party Valuator will conduct a valuation analysis of the Company or the assets proposed to be sold in the Sale Transaction.