Current Market Price

Current Market Price. On any date specified herein, the arithmetic average of the VWAP of a Common Share for the five (5) consecutive Trading Days ending on the date immediately preceding such date except that (i) Common Shares, Convertible Securities and/or Options sold to a dealer or underwriter or through an underwritten public offering (whether on a firm commitment or best efforts basis) at a price equal to or greater than the Warrant Price and (ii) Common Shares, Convertible Securities and/or Options sold in... "at-the-market offerings" within the meaning of Rule 415(a)(4) at a price equal to or greater than the Warrant Price shall, in each case, conclusively be deemed to have been sold at the Current Market Price View More

Current Market Price. In respect of any share of Common Stock on any date herein specified, (1) if there shall not then be a public market for the Common Stock, then the Appraised Value per share of Common Stock at such date, or (2) if there shall then be a public market for the Common Stock, the average of the daily market prices for the five (5) consecutive trading days immediately before such date. The daily market price for each such trading day shall be (i) the closing bid price on such day on the OTC... Bulletin Board or principal stock exchange (including Nasdaq) on which such Common Stock is then listed or admitted to trading, or quoted, as applicable, (ii) if no sale takes place on such day on the OTC Bulletin Board or any such exchange, the last reported closing bid price on such day as officially quoted on the OTC Bulletin Board or any such exchange (including Nasdaq), (iii) if the Common Stock is not then listed or admitted to trading on the OTC Bulletin Board or any stock exchange, the last reported closing bid price on such day in the over-the-counter market, as furnished by the National Association of Securities Dealers Automatic Quotation System or the National Quotation Bureau, Inc., (iv) if neither such corporation at the time is engaged in the business of reporting such prices, as furnished by any similar firm then engaged in such business, or (v) if there is no such firm, as furnished by any member of FINRA selected mutually by the holder of this Warrant and the Company or, if they cannot agree upon such selection, as selected by two such members of FINRA, one of which shall be selected by the holder of this Warrant and one of which shall be selected by the Company. View More

Current Market Price. When used with respect to any security as of any date, the volume weighted average price of such security on the ten (10) consecutive trading days immediately preceding such date as reported for consolidated transactions with respect to securities listed on the principal national securities exchange on which such security is listed or admitted to trading or, if such security is not listed or admitted to trading on any national securities exchange, the volume weighted average price of such... security on the ten (10) consecutive trading days immediately preceding such date in the over-the-counter market, as reported by the National Association of Securities Dealers, Inc. Automated Quotations System or such other system then in use or, if such security is not quoted by any such organization, the volume weighted average price of such security as of the ten (10) consecutive trading days immediately preceding such date furnished by a New York Stock Exchange member firm selected by the Corporation, or if such security is not quoted by any such organization and no such New York Stock Exchange member firm is able to provide such prices, such price as is determined by the Board of Directors in good faith. View More

Current Market Price. Means, on any date, the average of the daily Market Price per share of the Voting Common Stock or other securities on each of the five consecutive Trading Days preceding the earlier of the day before the date of the issuance, dividend or distribution in question and the day before the Ex-Date with respect to the issuance or distribution, giving rise to an adjustment to the Exercise Price pursuant to Section 15.

Current Market Price. Per share shall mean, as of the date of determination, (a) the average of the daily Market Price under clause (a), (b) or (c) of the definition thereof of the Common Stock during the immediately preceding thirty (30) trading days ending on such date, and (b) if the Common Stock is not then listed or admitted to trading on any national securities exchange or quoted in the over-the-counter market, then the Market Price under clause (d) of the definition thereof on such date.

Current Market Price. With respect to a particular security, on any given day, the per share price determined as follows: the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the last closing bid and ask prices regular way, in either case on the principal national securities exchange on which the applicable securities are listed or admitted to trading, or if not listed or admitted to trading on any national securities exchange, (A) the closing sale price... for such day reported by the Nasdaq Stock Market if such security is traded over-the-counter and quoted in the Nasdaq Stock Market, or (B) if such security is so traded, but not so quoted, the average of the closing reported bid and ask prices of such security as reported by the Nasdaq Stock Market or any comparable system, or (C) if such security is not listed on the Nasdaq Stock Market or any comparable system, the average of the closing bid and ask prices as furnished by two members of the National Association of Securities Dealers, Inc. selected from time to time by the Company for that purpose. If such security is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Current Market Price of Subject Stock shall be deemed to be the fair value per share of such security as determined in good faith by the Board of Directors. If such date of determination is not a trading day for the principal national securities exchange on which the applicable securities are listed or admitted to trading or such other trading system, then such determination shall be made as of the last trading day of such national securities exchange or other trading system prior to such date View More

Current Market Price. Means, on any day, the average of the Closing Prices of the Common Stock for the ten consecutive trading days ending on such date.

Current Market Price. As of any date, the average of the daily Closing Prices of the Common Stock for the five consecutive Business Days commencing before such date.

Current Market Price. (i) if the Warrant is exercisable for Common Stock and the Common Stock is publicly traded on such date, the average closing price per share over the preceding five trading days (or, if less than five days, the average closing price per share of all trading days since the stock became publicly traded) as reported on the principal stock exchange or quotation system on which the stock is listed or quoted; or (ii) if the Series B Stock (as adjusted herein) is not publicly traded on such date, the... Board of Directors of the Company shall determine Current Market Price in its reasonable good faith judgment. View More

Current Market Price. The "Current Market Price" on any date shall mean the average of the daily closing prices of the NPDC Common Stock for the 20 consecutive trading days immediately preceding the date in question, except that, for purposes of Section 1.2 only, the "Current Market Price" shall mean the average of the daily closing prices of the NPDC Common Stock over the 20 consecutive trading days commencing on the record date for the Spin-Off (as defined in the Purchase Agreement) (the "Exercise Price... Measurement Period"). The closing price of the NPDC Common Stock for each day shall be the last reported sales price regular way of such stock or, if no such reported sale of such stock takes place on such day, the closing bid price regular way of such stock, in either case on the principal national securities exchange (including, for purposes hereof, Nasdaq) on which the NPDC Common Stock is listed or admitted to trading or, if such stock is not listed or admitted to trading on any national securities exchange, the highest reported closing bid price for such stock as furnished by the Nasdaq or a similar organization if Nasdaq is no longer reporting such information. If on any such date the NPDC Common Stock is not listed or admitted to trading on any United States national securities exchange and is not quoted by Nasdaq or any similar organization, the fair value of a share of such stock on such date, as determined in good faith by the Board of Directors of NPDC, whose determination shall be conclusive absent manifest error, shall be used. View More