Extract to table

PCG submits this Preliminary Conference Statement to provide the Arbitrator with a concise overview of the dispute, to identify the issues that PCG believes must be resolved, and to propose a procedural framework that will promote the efficient and fair resolution of this matter

4 provides that the purchase price for the redeemed interest shall be "Fair Market Value," as determined by an independent MAI-certified appraiser selected by PCG

2 of the Operating Agreement, which provide that each member shall be entitled to a cumulative, compounding preferred return of 8% per annum on its total capital contributions

4(c) provides, in relevant part: "In the event that the appraisals obtained by the Manager and the Non-Managing Member diverge by more than ten percent (10%), the parties shall jointly select a third MAI-certified appraiser to conduct an independent appraisal

The Fair Market Value shall then be determined as the average of the two appraisals that are closest in value