Fair Value Definition Example with 6 Variations

This page contains an example definition of Fair Value, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
Fair Value. Shall mean, on any date specified herein (i) in the case of cash, the dollar amount thereof, (ii) in the case of a security, the Current Market Price, and (iii) in all other cases, the fair value thereof (as of a date which is within 20 days of the date as of which the determination is to be made) determined jointly by the Company and the Holder; provided, however, that if such parties are unable to reach agreement within a reasonable period of time, the Fair Value shall be determined in good... faith, by an independent investment banking firm selected jointly by the Company and the Holders or, if that selection cannot be made within ten days, by an independent investment banking firm selected by the American Arbitration Association in accordance with its rules, and provided further, that the Company shall pay all of the fees and expenses of any third parties incurred in connection with determining the Fair Value. View More Arrow
Found in CYBEX INTERNATIONAL INC contract

Variations

Fair Value. Shall shall mean, on any date specified herein (i) in the case of cash, the dollar amount thereof, (ii) in the case of a security, the Current Market Price, and (iii) in all other cases, the fair value thereof (as of a date which is within 20 days of the date as of which the determination is to be made) determined in good faith jointly by the Company and a Majority of the Holder; Holders; provided, however, that if such parties are unable to reach agreement within a reasonable period of time,... the Fair Value shall be determined in good faith, by an independent investment banking firm selected jointly by the Company and a Majority of the Holders or, if that selection cannot be made within ten days, by an independent investment banking firm selected by the American Arbitration Association in accordance with its rules, and provided further, that the Company shall pay all of the fees and expenses of any third parties incurred in connection with determining the Fair Value. View More Arrow
Found in ATP OIL & GAS CORP contract
Fair Value. Shall shall mean, on any date specified herein (i) in the case of cash, the dollar amount thereof, (ii) in the case of a security, the Current Market Price, and (iii) in all other cases, the fair value thereof (as of a date which is within 20 twenty (20) days of the date as of which the determination is to be made) determined jointly in good faith by a committee of the Company and Company's Board of Directors consisting of directors who are not affiliates of the Company, Schottenstein Stores... Corporation or the Holder; provided, however, that if such parties are unable to reach agreement within a at the reasonable period request of time, the Holder, the 3 Fair Value shall be determined in good faith, faith by an independent investment banking firm selected jointly by the Company and the Holders Holder or, if that selection cannot be made within ten (10) days, by an independent investment banking firm selected by the American Arbitration Association in accordance with its rules, and provided provided, further, that the Company shall pay all of the reasonable fees and expenses of any third parties incurred in connection with determining the Fair Value. View More Arrow
Found in RETAIL VENTURES INC contract
Fair Value. Shall shall mean, on any date specified herein (i) in the case of cash, the dollar amount or equivalent thereof, (ii) in the case of a security, the Current Market Price, and (iii) in all other cases, the fair value thereof (as of a date which is within 20 days of the date as of which the determination is to be made) determined jointly and in good faith by the Company and the Holder; provided, however, that if such parties are unable to reach agreement within a reasonable period of time, time... (not to exceed twenty (20) Business Days), the Fair Value shall be determined in good faith, by an independent investment banking firm selected jointly by the Company and the Holders Holder or, if that selection cannot be made within ten days, by an independent investment banking firm selected by the American Arbitration Association in accordance with its rules, and provided further, that the Company shall pay all of the fees and expenses of any third parties incurred in connection with determining the Fair Value. Value will be paid by the Company. If required by any such investment banking firm or arbitrator, the Company shall execute a retainer and engagement letter containing reasonable terms and conditions, including without limitation, customary provisions concerning the rights of indemnification and contribution by the Company in favor of such investment banking firm or arbitrator and its officers, directors, partners, employees, agents and Affiliates. View More Arrow
Found in 2 Contracts from SYNTAX-BRILLIAN CORP
Fair Value. Shall shall mean, on any date specified herein (i) in the case of cash, the dollar amount thereof, (ii) in the case of a security, security admitted for trading on any national securities exchange or quoted in the over-the-counter market, the Current Market Price, and (iii) in all other cases, the fair value thereof (as of a date which is within 20 days of the date cases as of which the determination is to be made) determined in good faith jointly by the Board of Directors of the Company and... the Holder; provided, however, PROVIDED, HOWEVER, that if such parties are unable to reach agreement within a reasonable period of time, the Fair Value shall be -3- determined in good faith, faith by an independent investment banking firm selected jointly by the Company and the Holders Holder or, if that selection cannot be made within ten days, by an independent investment banking firm selected by the American Arbitration Association in accordance with its rules, and provided further, PROVIDED FURTHER, that the Company shall pay all of the fees and expenses of any third parties incurred in connection with determining the Fair Value. View More Arrow
Found in PROVELL INC contract
Fair Value. Shall shall mean, on any date specified herein (i) in the case of cash, the dollar amount thereof, (ii) in the case of a security, the Current Market Price, and (iii) in all other cases, the fair value thereof (as of a date which is within 20 days of the date as of which the determination is to be made) determined jointly in good faith by a committee of the Company and Company's Board of Directors consisting of directors who are not Affiliates of the Company, SSC or Holder; provided, PROVIDED,... however, that if such parties are unable to reach agreement within a reasonable period at the request of time, the Holder, the Fair Value shall be determined in good faith, 3 faith by an independent investment banking firm selected jointly by the Company and the Holders Holder or, if that selection cannot be made within ten 10 days, by an independent investment banking firm selected by the American Arbitration Association in accordance with its rules, and provided PROVIDED, further, that the Company shall pay all of the fees and expenses of any third parties incurred in connection with determining the Fair Value. View More Arrow
Found in RETAIL VENTURES INC contract
Fair Value. Shall shall mean, on any date specified herein (i) in the case of cash, the dollar amount thereof, (ii) in the case of a security, security admitted for trading on any national securities exchange or quoted in the over-the-counter market, the Current Market Price, and (iii) in all other cases, the fair value thereof (as of a date which is within 20 days of the date cases as of which the determination is to be made) determined in good faith jointly by the Company and the Holder; provided,... however, PROVIDED, HOWEVER, that if such parties are unable to reach agreement within a reasonable period of time, the Fair Value shall be determined in good faith, faith by an independent investment banking firm selected jointly by the Company and the Holders Holder or, if that selection cannot be made within ten days, by an independent investment banking firm selected by the American Arbitration Association in accordance with its rules, rules; and provided further, PROVIDED FURTHER that the Company shall pay all of the fees and expenses of any third parties incurred in connection with determining the Fair Value. View More Arrow
Found in EVCI Career Colleges Holding Corp contract
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