Daily VWAP

Daily VWAP. The per share volume-weighted average price of the Common Stock as displayed under the heading Bloomberg VWAP on Bloomberg page TISI AQR (or its equivalent successor if such page is not available) in respect of the period from the scheduled open of trading until the scheduled close of trading of the primary trading session on the relevant trading day (or if such volume-weighted average price is unavailable, the market value of one share of the Common Stock on such trading day determined, using...-weighted average method by a nationally recognized independent investment banking firm retained for this purpose by the Company), determined without regard to after-hours trading or any other trading outside of the regular trading session trading hours. View More

Daily VWAP. The daily dollar volume-weighted average price for the Common Stock on the national securities exchange on which the Common Stock is then listed (the "Principal Market") (or, if the Principal Market is not the principal trading market for the Common Stock, then on the principal securities exchange or securities market on which the Common Stock is then traded) during the period beginning at 9:30 a.m. (New York City time) (or such other time as such Principal Market publicly announces is the... official open of trading), and ending at 3:59 p.m. (New York City time) (or one minute before such other time as such Principal Market publicly announces is the official close of trading) as reported by Bloomberg.com through its "Volume at Price" function (subject to adjustment to reflect dividends, stock splits, stock combinations or other similar transactions) of the Common Stock pursuant to an individual transaction, or, if no dollar volume-weighted average price is reported for the Common Stock by Bloomberg.com for such hours, the average of the highest closing bid price and the lowest closing ask price of any of the market makers for such security as reported in the "pink sheets" by Pink Sheets LLC. If the Daily VWAP cannot be calculated for the Common Stock on such date on any of the foregoing bases, the Daily VWAP of the Common Stock on such date shall be the fair market value as mutually determined by Company and Holder. View More

Daily VWAP. For any Trading Day, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such Trading Day on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)), (b) if OTCQB or OTCQX is not a Trading Market, the... volume weighted average price of the Common Stock for such Trading Day on OTCQB or OTCQX as applicable, (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX and if prices for the Common Stock are then reported in the "Pink Sheets" published by 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 (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders of a majority in interest of the principal amount of the Notes then outstanding and reasonably acceptable to the Company, the fees and expenses of which shall be paid by the Company. View More

Daily VWAP. For the Common Stock means (i) 0.97 times the volume-weighted average price per share of the Common Stock as displayed under the heading "Bloomberg VWAP" on Bloomberg page KSU AQR in respect of the period from 9:30 a.m. to 4:00 p.m. (New York City time) on such Trading Day or, if such volume-weighted average price is unavailable, (ii) 0.97 times the market value of one share of our Common Stock on such Trading Day as the Board of Directors of the Corporation determines in good faith using a...eighted method. View More