Determined Value

Determined Value. Shall mean with respect to any securities or other property, the fair market value thereof as of a date which is within fifteen (15) days of the date on which the determination of such fair market value is to be made (i) determined by mutual agreement between the Company and the Holder, or (ii) if the Company and the Holder fail to mutually agree, determined jointly by an independent investment banking firm retained by the Company and by an independent investment banking firm retained by the... Holder, either of which firms may be an independent investment banking firm regularly retained by the Company, or (iii) if the Company or the Holder shall fail so to retain an independent investment banking firm within ten (10) days of the retention of such a firm by the Holder or the Company, as the case may be, determined solely by the firm so retained, or (iv) if the independent investment banking firms so retained by the Company and by the Holder shall be unable to reach a joint determination within fifteen (15) days of the retention of the last firm so retained, determined by another independent investment banking firm that is not a regular investment banking firm of the Company chosen by the first two such firms. The Company shall be responsible for the fees and expenses of all such investment banking firms. View More

Determined Value. Means the Value of the Corporation as at a Determination Date for which the Value of the Corporation has been determined multiplied by a fraction, the numerator of which is either (i) with respect to a Determination Date occurring at December 31 of a Participating Year, the average trading price of EXCO's shares in U.S. Dollars ("USD") for the first ten (10) trading days of the following calendar year; or (ii) with respect to a DeteImination Date resulting from a Change of Control, the price at... which EXCO's common stock was valued in such Change of Control; and the denominator of which is $18.25 USD. View More