Example ContractsClausesMarket Value
Market Value
Market Value contract clause examples

Market Value” shall mean the value, determined by Buyer in its sole discretion, of the Loans (including the related Servicing Rights) if sold in their entirety to a single third-party purchaser taking into account the fact that the Loans may be sold under circumstances in which Seller and/or the servicer of the Loans is in default under this Agreement. Buyer’s determination of Market Value shall be conclusive upon the parties, absent manifest error on the part of Buyer. Buyer shall have the right to mark to market the Loans on a daily basis which Market Value with respect to one or more of the Loans may be determined to be zero. Seller acknowledges that Buyer’s determination of Market Value is for the limited purpose of determining the value of Purchased Loans which are subject to Transactions hereunder without the ability to perform customary purchaser’s due diligence and is not necessarily equivalent to a

Market Value” has the meaning assigned to such term in the Pricing Side Letter.

Market Value” shall mean, as of any date with respect to any Eligible Mortgage Loan or Mortgage Loan, the bid-side fair market value of such Eligible Mortgage Loan or Mortgage Loan in an arms-length transaction between two consenting parties as determined by the Buyer its sole good faith discretion (but without any reduction for Rejected Characteristics of Mortgage Loans whose initial Purchase Date predated the Rejected Characteristics), which price may be determined to be zero. The Buyer’s determination of Market Value shall be conclusive upon the parties absent manifest error on the part of the Buyer. For the purpose of determining the related Market Value, the Buyer shall have the right to request at any time from the Seller, an updated valuation for each Mortgage Loan, in a form acceptable to the Buyer in its sole good faith discretion. The Market Value shall be deemed to be zero with respect to (i) each Mortgage Loan for which such valuation is not provided as promptly as is commercially reasonable and (ii) each Mortgage Loan that is not an Eligible Mortgage Loan.

Market Value” means, with respect to (i) any Eligible Asset included in the Borrowing Base the value ascribed to such asset by the Lender in its sole discretion, taking into account any outstanding obligations owed by any Borrower to the Applicable Agency, as applicable, as marked to market as often as daily, (ii) a Servicing Right or Excess Servicing Spread which is not an Eligible Asset included in the Borrowing Base or deemed by Lender as ineligible or otherwise uncollectible, zero. The Lender’s determination of Market Value shall be conclusive upon the parties, absent manifest error on the part of the Lender. Each Borrower acknowledges that the Lender’s determination of Market Value is for the limited purpose of determining Collateral Value for lending purposes hereunder without the ability to perform customary purchaser’s due diligence and is not necessarily equivalent to a determination of the fair market value of the Eligible Assets achieved by obtaining competing bids in an orderly market in which no Borrower is in default under a revolving debt facility and the bidders have adequate opportunity to perform customary loan and servicing and subservicing due diligence. For the purpose of determining the related Market Value, the Lender shall have the right to use a third party valuation of the Eligible Assets delivered pursuant to Section 2.04 provided by a Borrower, or a valuation obtained by Lender, or both, but Lender shall have no obligation to use any third-party valuation and shall have the right to determine the Market Value of the related Eligible Assets at any time in its sole discretion. Subsequently, Lender shall have the right to reasonably request at any time from Borrowers, an updated valuation for each Eligible Asset, in a form acceptable to Lender in its sole discretion; provided that the Lender shall not be obligated to rely on either valuation and shall have the right to determine the Market Value of the Eligible Asset at any time in its sole discretion. The Market Value shall be deemed to be zero with respect to each Loan for which such valuation is not provided. The Market Value shall be deemed to be zero with respect to each Servicing Right or Excess Servicing Spread that is not an Eligible Asset.

Market Value” means, the Average VWAP during a five consecutive Trading Day period ending on the Trading Day immediately prior to the date of determination, as reported (1) on the principal National Securities Exchange on which the Common Stock is traded, (2) if the Common Stock is not listed on a National Securities Exchange, on the principal regional securities exchange, or (3) if the Common Stock is not listed on a National Securities Exchange or regional securities exchange, in the over-the-counter market as reported by OTC Markets Group Inc. or a similar organization. In the absence of such a listing or reporting, the Market Value shall be an amount determined by the Board of Directors.

Market Value: as of any date of determination, (a) in respect of all Eligible Bulk Purchase InventoryCo Equipment, the lesser of (i) the invoiced amount thereof and (ii) the value determined

"Market Value" means, on any date of determination, (i) with respect to any Portfolio Investment (other than a Mezzanine Obligation), the average indicative bid-side price (expressed as a percentage) determined by LoanX/Markit Group Limited or TRACE (or, if the Administrative Agent determines in good faith that such bid price is not available or is not indicative of the actual current market value, the market value of such Senior Secured Loan or Second Lien Loan as determined by the Administrative Agent in good faith and in a commercially reasonable manner) and (ii) with respect to any Mezzanine Obligation, the market value of such Portfolio Investment as determined by the Administrative Agent in good faith and in a commercially reasonable manner, in each case, expressed as a percentage of par.

The Market Value of Plan Shares subject to a New Award shall be measured on the date on which that Award was granted.

Market Value” means the Common Unit Redemption Price, as defined in the LLC Agreement, determined as of an Early Termination Date.

Market Value. A Non-Employee Director will be deemed to be in compliance with these guidelines if the Fair Market Value (as defined in the Equity Plan) of the shares of the Company’s common stock held by such Non-Employee Director on any date prior to the deadline for his or her compliance equals or exceeds the required multiple of his or her annual cash retainer.

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