Closing Price. With respect to the Registrable Securities, as of the date of determination, (i) if the Registrable Securities are listed on a national securities exchange, the closing price per share of a Registrable Security officially reported on the principal national securities exchange on which the Registrable Securities are then listed or admitted to trading; or (ii) if the Registrable Securities are not then listed or admitted to trading on any national securities exchange, the average of the reported... closing bid and asked prices of the Registrable Securities on such date on the principal over the counter market on which the Registrable Securities are traded; or (iii) if neither of clause (i) or (ii) is applicable, a market price per share determined in good faith by the disinterested members of the Board of Directors or, if such determination is not satisfactory to the Holder for whom such determination is being made, by a nationally recognized investment banking firm mutually selected by the Company and such Holder, the expenses for which shall be borne equally by the Company and such Holder. If trading is conducted on a continuous basis on any exchange, then the closing price shall be at 4:00 P.M. New York City timeView More
Closing Price. With Means, with respect to the Registrable Securities, as of the date of determination, (i) determination: (a) if the Registrable Securities are listed on a national securities exchange, exchange in the United States, the closing price per share of a Registrable Security on such date published on Bloomberg or, if no such closing price on such date is published on Bloomberg, the average of the closing bid and asked prices on such date, as officially reported on the principal national securities... exchange in the United States on which the Registrable Securities are then listed or admitted to trading; or (ii) (b) if the Registrable Securities are not then listed or admitted to trading on any national securities exchange, the last sale price or, if such last sale price is not reported, the average of the high bid and low asked prices in the over-the-counter market, as reported by Bloomberg or such other system then in use; or (c) if on any such date the Registrable Securities are not quoted by any such organization, the average of the closing bid and asked prices of as furnished by a professional market maker making a market in the Registrable Securities on such date on selected by the principal over the counter market on which the Registrable Securities are traded; Company; or (iii) (d) if neither none of clause (i) (a), (b) or (ii) (c) is applicable, a market price per share determined in good faith by the disinterested members of the Board of Directors or, if such determination is not satisfactory to the Holder Initiating Holder(s) for whom such determination is being made, by a nationally recognized nationally-recognized investment banking firm mutually selected by the Company and such Holder, Initiating Holder(s), the expenses for which shall be borne equally by the Company and such Holder. Initiating Holder(s). If trading is conducted on a continuous basis on any exchange, then the closing price shall be at 4:00 P.M. p.m. New York City time time. View More
Closing Price. With respect to the Registrable Securities, as of the date of determination, (i) (a) if the Registrable Securities are listed on a national securities exchange, the closing price per share of a Registrable Security on such date published in The Wall Street Journal (National Edition) or, if no such closing price on such date is published in The Wall Street Journal (National Edition), the average of the closing bid and asked prices on such date, as officially reported on the principal national... securities exchange on which the Registrable Securities are then listed or admitted to trading; or (ii) (b) if the Registrable Securities are not then listed or admitted to trading on any national securities exchange, exchange but are designated as national market system securities by the NASD, the last trading price per share of a Registrable Security on such date; or (c) if there shall have been no trading on such date or if the Registrable Securities are not designated as national market system securities by the NASD, the average of the reported closing bid and asked prices of the Registrable Securities on such date on as shown by The Nasdaq Stock Market, Inc. (or its successor) and reported by any member firm of The New York Stock Exchange, Inc. selected by the principal over the counter market on which the Registrable Securities are traded; Company; or (iii) (d) if neither none of clause (i) (a), (b) or (ii) (c) is applicable, a market price per share determined in good faith by the disinterested members of the Company's Board of Directors or, if such determination is not satisfactory to the Designated Holder for whom such determination is being made, by a nationally recognized investment banking firm mutually selected by the Company and such Designated Holder, the expenses for which shall be borne equally by the Company and such Designated Holder. If trading is conducted on a continuous basis on any exchange, then the closing price shall be at 4:00 P.M. New York City time time. View More
Closing Price. With respect to the Registrable Securities, as of the date of determination, (i) (a) if the Registrable Securities are listed on a national securities exchange, the closing price per share of a Registrable Security on such date published in The Wall Street Journal (National Edition) or, if no such closing price on such date is published in The Wall Street Journal (National Edition), the average of the closing bid and asked prices on such date, as officially reported on the principal national... securities exchange on which the Registrable Securities are then listed or admitted to trading; or (ii) (b) if the Registrable Securities are not then listed or admitted to trading on any national securities exchange, exchange but are designated as national market system securities by the NASD, the last trading price per share of a Registrable Security on such date; or (c) if there shall have been no trading on such date or if the Registrable Securities are not designated as national market system securities by the NASD, the average of the reported closing bid and asked prices of the Registrable Securities on such date on as shown by The Nasdaq Stock Market, Inc. (or its successor) and reported by any member firm of The New York Stock Exchange, Inc. selected by the principal over the counter market on which the Registrable Securities are traded; Company; or (iii) (d) if neither none of clause (i) (a), (b) or (ii) (c) is applicable, a market price per share determined in good faith by the disinterested members of the Board of Directors or, if such determination is not satisfactory to the Designated Holder for whom such determination is being made, by a nationally recognized investment banking firm mutually selected by the Company and such Designated Holder, the expenses for which shall be borne equally by the Company and such Designated Holder. If trading is conducted on a continuous basis on any exchange, then the closing price shall be at 4:00 P.M. New York City time View More
Closing Price. Means, for any date of determination, the price determined by the first of the following clauses that applies: (i) if the Common Stock is then listed or quoted on a Trading Market, the closing bid price per share of the Common Stock for such date (or the nearest preceding date) on such market; (ii) if prices for the Common Stock are then quoted on the OTC Bulletin Board or OTC Quotation Board, the closing bid price per share of the Common Stock for such date (or the nearest preceding date) so... quoted; (iii) if prices for the Common Stock are then reported in the "Pink Sheets" published by the National Quotation Bureau Incorporated (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported; or (iv) in all other cases, the fair market value of a share of Common Stock as determined by an independent qualified appraiser selected in good faith and paid for by the Company.View More
Closing Price. Means, for any date of determination, date, the price determined by the first of the following clauses that applies: (i) (a) if the Common Stock is then listed or quoted on a Trading Market, an Eligible Market or any other national securities exchange, the closing bid price per share of the Common Stock for such date (or the nearest preceding date) on such market; (ii) if prices for the primary Eligible Market or exchange on which the Common Stock are is then listed or quoted; (b) if the Common... Stock is then listed or quoted on the OTC Bulletin Board or OTC Quotation Board, the most recent closing bid price per share of the Common Stock for such date (or the nearest preceding date) so quoted; (iii) reported; (c) if prices for the Common Stock are then reported in the "Pink Sheets" published by the National Quotation Bureau Incorporated OTC Markets Group Inc. (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported; or (iv) (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent qualified appraiser selected in good faith and paid for by the Company. Holder. View More
Closing Price. Means, for any date of determination, date, the price determined by the first of the following clauses that applies: (i) (a) if the Common Stock is then listed or quoted on a Trading Market, an Eligible Market or any other national securities exchange, the closing bid price per share of the Common Stock for such date (or the nearest preceding date) on such market; (ii) if prices for the primary Eligible Market or exchange on which the Common Stock are is then listed or quoted; (b) if the Common... Stock is then listed or quoted on the OTC Bulletin Board or OTC Quotation Board, the most recent closing bid price per share of the Common Stock for such date (or the nearest preceding date) so quoted; (iii) reported; (c) if prices for the Common Stock are then reported in the "Pink Sheets" published by the National Quotation Bureau Incorporated OTC Markets Group Inc. (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported; or (iv) (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent qualified appraiser selected in good faith and paid for by the Company. Holder. View More
Closing Price. Means, for any date of determination, date, the price determined by the first of the following clauses that applies: (i) (a) if the Common Stock is then listed or quoted on a Trading an Eligible Market, the closing bid price per share of the Common Stock for such date (or the nearest preceding date if no trading on such date) on such market; (ii) the primary Eligible Market or exchange on which the Common Stock is then listed or quoted (based on the Eligible Market with the highest trading... volume); (b) if prices for the Common Stock are then quoted on the OTC Bulletin Board or OTC Quotation Board, the closing bid price per share of the Common Stock for such date (or the nearest preceding date if no trading on such date) so quoted; (iii) (c) if prices for the Common Stock are then reported in the "Pink Sheets" published by the National Quotation Bureau Incorporated (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported; or (iv) (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent qualified appraiser selected in good faith and paid for by the Company. Investor. View More
Closing Price. The last reported sales price of the primary common equity security of the Company and each Peer Company, as reported by the national exchange upon which such security is traded; provided, however, in the event the primary common equity security of the Company or a Peer Company is not traded on a national exchange at the time of such determination, "Closing Price" will be the price determined by the Committee in good faith based upon a review of the facts and circumstances available to the... Committee.View More
Closing Price. The last reported sales price of the primary common equity security of the Company and each Peer Company, as reported by the national securities exchange upon which such security is traded; provided, however, in the event the primary common equity security of the Company or a Peer Company is not traded on a national securities exchange at the time of such determination, "Closing Price" will be the price determined by the Committee in good faith based upon a review of the facts and circumstances... available to the Committee. Committee at the time of determination. View More
Closing Price. The last reported sales price of the primary common equity security of the Company and each Peer Company, as reported by the national securities exchange upon which such security is traded; provided, however, in the event the primary common equity security of the Company or a Peer Company is not traded on a national securities exchange at the time of such determination, "Closing Price" will be the price determined by the Committee in good faith based upon a review of the facts and circumstances... available to the Committee. Committee at the time of determination View More
Closing Price. As of any date, (i) the closing sales price per Common Unit or Alternative Unit (A) as reported on the New York Stock Exchange - Composite Transactions for such date or (B) if the Common Units or Alternative Units are listed on any other national stock exchange, as reported on the stock exchange composite tape for securities traded on such stock exchange for such date or, with respect to each of clauses (A) and (B), if there were no sales on such date, on the closest preceding date on which... there were sales of Common Units or (ii) in the event there shall be no public market for the Common Units or Alternative Units on such date, the fair market value per Common Unit or Alternative Unit as determined in good faith by the BoardView More
Closing Price. As of any date, (i) the closing sales price per Common Unit or Alternative Unit (A) as reported on the New York Stock Exchange - Composite Transactions for such date or (B) if the Common Units or Alternative Units are listed on any other national stock exchange, as reported on the stock exchange composite tape for securities traded on such stock exchange for such date or, with respect to each of clauses (A) and (B), if there were no sales on such date, on the closest preceding date on which... there were sales of Common Units or (ii) in the event there shall be no public market for the Common Units or Alternative Units on such date, the fair market value per Common Unit or Alternative Unit as determined in good faith by the Board View More
Closing Price. As of any date, (i) the closing sales price per Common Unit or Alternative Unit (A) as reported on the New York Stock Exchange - — Composite Transactions for such date or (B) if the Common Units or Alternative Units are listed on any other national stock exchange, as reported on the stock exchange composite tape for securities traded on such stock exchange for such date or, with respect to each of clauses (A) and (B), if there were no sales on such date, on the closest preceding date on which... there were sales of Common Units or (ii) in the event there shall be no public market for the Common Units or Alternative Units on such date, the fair market value per Common Unit or Alternative Unit as determined in good faith by the Board View More
Closing Price. Means, with respect to the Common Stock of the Company, for any day, the reported last sale price per share on the Nasdaq Stock Market, or, if the Common Stock is not admitted to trading on the Nasdaq Stock Market, on the principal national securities exchange or inter-dealer quotation system (including, without limitation, the OTC Bulletin Board) on which the Common Stock is listed or admitted to trading, or if not admitted to trading on the Nasdaq Stock Market, or listed or admitted to... trading on any national securities exchange or inter-dealer quotation system, the closing bid price per share in the over-the-counter market as furnished by any New York Stock Exchange member firm selected from time to time by the Company for that purpose.View More
Closing Price. Means, with respect to the Common Stock of the Company, for any day, the reported last sale price per share on the Nasdaq Stock National Market, or, if the Common Stock is not admitted to trading on the Nasdaq Stock National Market, on the principal national securities exchange or inter-dealer quotation system (including, without limitation, the OTC Bulletin Board) on which the Common Stock is listed or admitted to trading, or if not admitted to trading on the Nasdaq Stock National Market, or... listed or admitted to trading on any national securities exchange or inter-dealer quotation system, the closing bid price per share in the over-the-counter market as furnished by any New York Stock Exchange member firm selected from time to time by the Company for that purpose. View More
Closing Price. Means, for any security as of any date, the last trade price of such security on the principal securities exchange or trading market where such security is listed or traded as reported by Bloomberg, L.P. ("Bloomberg"), or if the foregoing do not apply, the last trade price of such security in the over-the-counter market on the electronic bulletin board for such security as reported by Bloomberg, or, if no last trade price is reported for such security by Bloomberg, the average of the ask prices... of any market makers for such security as reported in the "pink sheets" by OTC Markets Group, Inc. (formerly Pink Sheets LLC). If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations shall be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during such period.View More
Closing Price. Means, for For any security as of any date, the last closing trade price for such security on the Principal Market, as reported by Bloomberg, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price, respectively, of such security prior to 4:00:00 p.m., New York Time, as reported by Bloomberg, or, if the Principal Market is not the principal securities exchange or trading market for such security, the last... closing price or last trade price of such security on the principal securities exchange or trading market where such security is listed or traded as reported by Bloomberg, L.P. ("Bloomberg"), or if the foregoing do not apply, the last closing price or last trade price price, respectively, of such security in the over-the-counter market on the electronic bulletin board for such security as reported by Bloomberg, or, if no closing price or last trade price price, respectively, is reported for such security by Bloomberg, the average of the bid prices, or the ask prices prices, respectively, of any market makers for such security as reported in the "pink sheets" Pink Open Market (f/k/a OTC Pink) published by OTC Markets Group, Inc. (formerly Pink Sheets LLC). (or a similar organization or agency succeeding to its functions of reporting prices). If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company Issuer and the Holder. If the Issuer and the Holder are unable to agree upon the fair market value of such security, then such dispute shall be resolved pursuant to Section 23. All such determinations shall to be appropriately adjusted for any stock dividend, stock split, stock combination combination, reclassification or other similar transaction during such period. the applicable calculation period View More
Closing Price. Closing Price shall mean the last reported market price for one share of Common Stock, regular way, on the New York Stock Exchange (or any successor exchange or stock market on which such last reported market price is reported) on the day in question. In the event the exchange is closed on the day on which Closing Price is to be determined or if there were no sales reported on such date, Closing Price shall be computed as of the last date preceding such date on which the exchange was open and a... sale was reported.View More
Closing Price. Closing Price shall mean the The last reported market price for one share of Common Stock, regular way, on the New York Stock Exchange (or any successor exchange or stock market on which such last reported market price is reported) on the day in question. In the event the If such exchange or market is closed on the day on which Closing Price is to be determined or if there were no sales reported on such date, Closing Price shall be computed as of the last date preceding such date on which the such exchange or market was open and a sale was reported.
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Closing Price. Of the shares of Common Stock on any day means the last reported sale price regular way on such day or, in the case no such sale takes place on such day, the average of the reported closing bid and asked prices regular way of the shares of Common Stock, in each case as quoted on The NASDAQ Stock Market or such other principal securities exchange or inter-dealer quotation system on which the shares of Common Stock are then traded.
Closing Price. Of the shares of Class A Common Stock on any day means the last reported sale price regular way on such day or, in the case no such sale takes place on such day, the average of the reported closing bid and asked prices regular way of the shares of Class A Common Stock, in each case as quoted on The NASDAQ Nasdaq Stock Market Market, LLC or such other principal securities exchange or inter-dealer quotation system on which the shares of Class A Common Stock are then traded.
Closing Price. Means (a) If the primary market for the security in question is a securities exchange or other market or quotation system in which last sale transactions are reported on a contemporaneous basis, then the last reported sales price, regular way, of such security for such day, or, if there has not been a sale on such trading day, then the highest closing or last bid quotation therefor on such trading day (excluding, in any case, any price that is not the result of bona fide arm's length trading);... or (b) If the primary market for such security is not a securities exchange or other market or quotation system in which last sale transactions are contemporaneously reported, then the highest closing or last bona fide bid or asked quotation by disinterested Persons in the over-the-counter market on such trading day as reported by such generally accepted source of publicly reported bid quotations as the Holder designates.View More
Closing Price. Means For any given trading day, (a) If if the primary market for the security in question is a national securities exchange registered under the Exchange Act, the National Association of Securities Dealers Automated Quotation System-National Market System or some other market or quotation system in which last sale transactions are reported on a contemporaneous basis, then the last reported sales price, regular way, price of such security for such day, or, if there has not been a sale of such... security on such trading day, then the highest closing or last bid quotation therefor on such trading day (excluding, in any case, any price that is not the result of bona fide arm's length trading); trading), or (b) If if the primary market for such the security in question is not a securities an exchange or other market or quotation system in which last sale transactions are contemporaneously reported, then the highest closing or last bona fide bid or asked quotation by disinterested Persons in the over-the-counter market on such trading day as reported by the National Association of Securities Dealers through its Automated Quotation System or its successor or such other generally accepted source of publicly reported bid quotations as the Holder designates. parties hereto may designate. View More
Closing Price. Means (i) during such time as the Common Shares are registered under Section 12 of the Exchange Act, the closing price of the Common Shares as reported by an established stock exchange or automated quotation system on the day for which such value is to be determined, or, if no sale of the Common Shares shall have been made on any such stock exchange or automated quotation system that day, on the next preceding day on which there was a sale of such Common Shares, or (ii) during any such time as... the Common Shares are not listed upon an established stock exchange or automated quotation system, the average bid and ask prices of the Common Shares in the over-the-counter market on the day for which such value is to be determined, as reported by the OTC Markets Group, Inc. (www.otcmarkets.com) or any successor or alternative recognized over-the-counter market or another inter-dealer quotation system, or (C) during any such time as the Common Shares cannot be valued pursuant to (i) or (ii) above, the fair market value shall be as determined by the Committee considering all relevant information including, by example and not by limitation, the most recent price at which Common Shares were issued to third party investors.View More
Closing Price. Means (i) (A) during such time as the Common Shares are registered under Section 12 of the Exchange Act, the closing price of the Common Shares as reported by an established stock exchange or automated quotation system on the day for which such value is to be determined, or, if no sale of the Common Shares shall have been made on any such stock exchange or automated quotation system that day, on the next preceding day on which there was a sale of such Common Shares, or (ii) (B) during any such... time as the Common Shares are not listed upon an established stock exchange or automated quotation system, the average mean between dealer bid and ask prices of the Common Shares in the over-the-counter market on the day for which such value is to be determined, as reported by the OTC Markets Group, Inc. (www.otcmarkets.com) or any successor or alternative recognized over-the-counter market or another inter-dealer quotation system, Financial Industry Regulatory Authority, Inc., or (C) during any such time as the Common Shares cannot be valued pursuant to (i) (A) or (ii) (B) above, the fair market value shall be as determined by the Committee considering all relevant information including, by example and not by limitation, the most recent price at which Common Shares were issued to third party investors. View More
