Unit FMV definition
Examples of Unit FMV in a sentence
At the written request of a holder of Class A-19 Units, in order to assist such holder in determining whether to exercise the rights in this Section 8.08(k), the Managing Member shall provide such holder with a calculation of the Class A-19 Unit FMV.
Each party shall pay the fees and expenses of its own attorneys, accountants and advisors in connection with the transactions contemplated by this Section 2.3. At the written request of the Investor, in order to assist the Investor in determining whether to exercise the rights in this Section 2.3, the Managing Member shall provide the Investor with a calculation of the Class A-20 Unit FMV.
If such Appraiser’s determination of the Unit FMV is less than or equal to 110% of the Unit FMV determined by the Board, all costs and expenses associated with the Appraisal shall be borne by the Participant up to a maximum of $250,000 in the aggregate, with the remaining costs and expenses borne by the Company.
Any determination of the Appraiser pursuant to the foregoing provisions shall be a final and binding determination of the Unit FMV on the Participant and the Company.
If the Appraisal with respect to the Unit FMV results in a greater cash amount payable in respect of the Vested PSUs pursuant to Section 4(a)(ii) or Section 4(a)(iii) above, the additional cash amount shall be paid to the Participant within forty-five (45) days of the Appraisal completion date.
If the Appraisal with respect to the Unit FMV results in a greater cash amount payable in respect of the Vested RSUs pursuant to Section 4(a)(B) or Section 4(a)(C) above, the additional cash amount shall be paid to the Participant within forty-five (45) days of the Appraisal completion date.
In conjunction with its determination of the amount of OP Units, the Cash Amount (less the Redemption Fee) or the amount of OP Units and the Modified Cash Amount (less the Redemption Fee) that each Investor shall receive, the Operating Partnership shall determine the Unit FMV, each Investor’s Interest FMV, and the Real Estate FMV in accordance with Section 11.05 below.
If the Appraiser’s determination of the Disputed Value is more than 110% of the Unit FMV determined by the Board, all costs and expenses associated with the Appraisal shall be borne by the Company.
If the Appraiser’s determination of the Disputed Value is more than 110% of the Total Proceeds or the Unit FMV determined by the Board, all costs and expenses associated with the Appraisal shall be borne by the Company.
If such Appraiser’s determination of the Disputed Value is less than or equal to 110% of the Total Proceeds or the Unit FMV determined by the Board, all costs and expenses associated with the Appraisal shall be borne by the Participant up to a maximum of $250,000 in the aggregate, with the remaining costs and expenses borne by the Company.