Fair Market Value

Example Definitions of "Fair Market Value"
Fair Market Value. As of any date, the value of Common Stock determined as follows: (i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, its Fair Market Value shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system on the day of determination, as reported in The Wall Street Journal... or such other source as the Administrator deems reliable; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the last market trading day on the day of determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; or (iii) In the absence of an established market for the Common Stock, the Fair Market Value shall be determined in good faith by the Administrator View More
Found in Nuance Communications, Inc. contract
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Fair Market Value. As of any date, the value of Common Stock the common stock of the Company determined as follows: follows and in each case in a manner consistent with Section 260.140.50 of Title 10 of the California Code of Regulations: (i) If the Common Stock common stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market System of The Nasdaq Stock Market, its the National Association of Securities... Dealers, Inc. Automated Quotation ("NASDAQ") System, the Fair Market Value of a share of common stock shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such system or exchange or system (or the exchange with the greatest volume of trading in common stock) on the last market trading day prior to the day of determination, as reported in The the Wall Street Journal or such other source as the Administrator Board deems reliable; (ii) If the Common Stock common stock is quoted on the NASDAQ System (but not on the National Market System thereof) or is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share share of Common Stock common stock shall be the mean between of the high bid and low asked prices for the Common Stock common stock on the last market trading day on prior to the day of determination, as reported in The the Wall Street Journal or such other source as the Administrator Board deems reliable; or (iii) In the absence of an established market for the Common Stock, common stock, the Fair Market Value shall be determined in good faith by the Administrator Board and to the extent that the Company is subject to Section 260.140.50 of Title 10 of the California Code of Regulations, in a manner consistent with Section 260.140.50 of Title 10 of the California Code of Regulations View More
Found in ELOQUENT INC contract
Fair Market Value. As of any date, the value of Common Stock the Ordinary Shares determined as follows: (i) If the Common Stock is Ordinary Shares are listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, NASDAQ, its Fair Market Value shall will be the closing sales price for such stock shares (or the closing bid, if no sales were reported) as quoted on such exchange or system on for... the day of determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; (ii) If the Common Stock is Ordinary Shares are regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall will be the mean between the high bid and low asked prices for the Common Stock on the last market trading day on Ordinary Shares for the day of determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; or (iii) In the absence of an established market for the Common Stock, Ordinary Shares, the Fair Market Value shall will be determined in good faith by the Administrator by such other methodology as the Administrator determines in good faith to be reasonable and in accordance with Section 409A of the Code View More
Found in TKK SYMPHONY ACQUISITION Corp contract
Fair Market Value. As of any date, the value of the Class B Common Stock determined as follows: (i) If if the Class B Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq National NYSE Amex, NASDAQ Global Select Market, NASDAQ Global Market or The Nasdaq SmallCap Market of The Nasdaq the NASDAQ Stock Market, its or any successor to any of them, the Fair Market Value of a Share of Class B Common Stock shall be the closing sales price for such... stock (or the closing bid, if no sales were reported) of a Share of Class B Common Stock as quoted on such exchange or system for such date (or the most recent trading day preceding such date if there were no trades on the day of determination, such date), as reported in The Wall Street Journal or such other source as the Administrator Committee deems reliable; reliable, including without limitation, Yahoo! Finance; (ii) If if the Class B Common Stock is regularly quoted by a recognized securities dealer but selling prices are is not reported, listed in the manner contemplated by clause (i) above, the Fair Market Value of a Share of Class B Common Stock shall be the mean between the high bid and low asked prices for the Class B Common Stock on for such date (or the last market most recent trading day preceding such date if there were no trades on the day of determination, such date), as reported in The Wall Street Journal or such other source as the Administrator Committee deems reliable; reliable, including without limitation Yahoo! Finance; or (iii) In the absence of an established market for the Common Stock, if neither clause (i) above nor clause (ii) above applies, the Fair Market Value shall be determined in good faith by the Administrator based on the reasonable application of a reasonable valuation method View More
Found in Bel Fuse Inc. contract
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Fair Market Value. Of a share of Common Stock means, as of a particular date, (i) if shares of Common Stock are listed on a national securities exchange, the closing price per share of Common Stock on the consolidated transaction reporting system for the principal national securities exchange on which shares of Common Stock are listed on that date or, if there shall have been no such sale so reported on that date, on the last preceding date on which such a sale was so reported, (ii) if shares of Common Stock are... not so listed, but are quoted on the Nasdaq National Market, the closing price per share of Common Stock reported by the Nasdaq National Market on that date or, if there shall have been no such sale so reported on that date, on the last preceding date on which such a sale was so reported, (iii) if the Common Stock is not so listed or quoted, the closing bid price on that date or, if there are no quotations available for that date, on the last preceding date for which those quotations are available, as reported by the Nasdaq Stock Market or, if not reported by the Nasdaq Stock Market, by the National Quotation Bureau Incorporated or (iv) if shares of Common Stock are not publicly traded, the most recent value determined by an independent appraiser appointed by the Company for that purpose. View More
Found in Dril-Quip contract
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Fair Market Value. Of a share of Common Stock Share means, as of a particular date, (i) (1) if shares of Common Stock Shares are then listed on a national securities exchange, the closing sales price per share of Common Stock Share on the consolidated transaction reporting system for the principal national securities exchange on which shares of Common Stock Shares are listed on that date date, or, if there shall have been no such sale so reported on that date, on the last preceding date on which such a sale was... so reported, (ii) (2) if shares of Common Stock the Shares are not so listed, but are quoted on the Nasdaq National Market, average of the closing bid and asked price per share of Common Stock reported by the Nasdaq National Market on that date date, or, if there shall have been are no quotations available for such sale so reported on that date, on the last preceding date on which such a sale was so reported, (iii) if the Common Stock is not so listed or quoted, the closing bid price on that date or, if there are no quotations available for that date, on the last preceding date for which those quotations are shall be available, as reported by the Nasdaq Stock Market or, an inter-dealer quotation system, (3) if not reported by the Nasdaq Stock Market, by the National Quotation Bureau Incorporated or (iv) if shares of Common Stock Shares are not publicly traded, the most recent value determined by an independent appraiser appointed by the Company Committee for that purpose. such purpose, or (4) if none of the above are applicable, the fair market value of a Share as determined in good faith by the Committee View More
Found in PARAGON OFFSHORE PLC contract
Fair Market Value. Of a share of Common Stock means, Means, as of a particular date, (i) (a) if the shares of Common Stock are listed on a any established national securities exchange, the closing sales price per share of Common Stock on the consolidated transaction reporting system for the principal national securities exchange on which shares of for the Common Stock are listed on that date date, or, if there shall have been no such sale so reported on that date, on the last preceding date on which such a sale... was so reported, (ii) (b) if the shares of Common Stock are not so listed, listed but are quoted on the Nasdaq National Market, Market System, the closing sales price per share of Common Stock reported by on the Nasdaq National Market System on that date date, or, if there shall have been no such sale so reported on that date, on the last preceding date on which such a sale was so reported, (iii) (c) if the Common Stock is not so listed or quoted, the mean between the closing bid and asked price on that date date, or, if there are no quotations available for that such date, on the last preceding date for on which those such quotations are shall be available, as reported by the Nasdaq Stock Market Nasdaq, or, if not reported by the Nasdaq Stock Market, Nasdaq, by the National Quotation Bureau Incorporated Bureau, Inc., or (iv) (d) if shares none of the above is applicable, such amount as may be determined by the Committee (acting on the advice of an Independent Third Party, should the Company's board of directors elect in its sole discretion to utilize an Independent Third Party for this purpose), in good faith, to be the fair market value per share of Common Stock are not publicly traded, Stock. The determination of Fair Market Value shall, where applicable, be in compliance with Section 409A of the most recent value determined by an independent appraiser appointed by the Company for that purpose. Code. View More
Found in PeerStream, Inc. contract
Fair Market Value. Of a share of Common Stock means, as of a particular date, (i) (A) if shares of Common Stock are is listed on a national securities exchange, the closing mean between the highest and lowest sales price per share of the Common Stock on the consolidated transaction reporting system for the principal national securities exchange on which shares of Common Stock are listed on that date date, or, if there shall have been no such sale so reported on that date, on the last preceding date on which such... a sale was so reported, (ii) if shares or, at the discretion of Common Stock are not so listed, but are quoted the Administrator, the price prevailing on the Nasdaq National Market, exchange at the closing time of exercise, (B) the mean between the highest and lowest sales price per share of such Common Stock reported by on the consolidated transaction reporting system for The Nasdaq National Market on that date Stock Market, Inc. or, if there shall have been no such sale so reported on that date, on the last preceding date on which such a sale was so reported, (iii) (C) if the Common Stock is not so listed or quoted, the mean between the closing bid and asked price on that date date, or, if there are no quotations available for that such date, on the last preceding date for on which those such quotations are shall be available, as reported by the The Nasdaq Stock Market Market, Inc., or, if not reported by the The Nasdaq Stock Market, Inc., by the National Quotation Bureau Incorporated or (iv) (D) if shares of Common Stock are is not publicly traded, the most recent value determined by an independent appraiser appointed by the Company for that purpose. such purpose, or (ii) if applicable, the price per share as determined in accordance with the procedures of a third party administrator retained by the Company to administer the Plan View More
Found in WESTLAKE CHEMICAL CORP contract
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Fair Market Value. The fair market value of Shares, Awards or other property as determined by the Committee, or under procedures established by the Committee. Unless otherwise determined by the Committee, the Fair Market Value of a Share as of any given date shall be the closing sale price per Share reported on a consolidated basis for stock listed on the principal stock exchange or market on which Shares are traded on the date as of which such value is being determined or, if there is no sale on that date, then... on the last previous day on which a sale was reported View More
Found in OS Therapies Inc contract
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Fair Market Value. The fair market value of Shares, Stock, Awards or other property as determined by the Committee, or under procedures established by the Committee. Unless otherwise determined by the Committee, the Fair Market Value of a Share Stock as of any given date shall be the closing sale price per Share share reported on a consolidated basis for stock listed on the principal stock exchange or market on which Shares are Stock is traded on the date as of which such value is being determined or, if there is... no sale on that date, then on the last previous day on which a sale was reported View More
Found in Synaptics contract
Fair Market Value. The fair market value of Shares, Awards Stock, Awards, or other property as determined by the Committee, Committee or the Board, or under procedures established by the Committee. Committee or the Board. Unless otherwise determined by the Committee, Committee or the Board, the Fair Market Value of a Share Stock as of any given date after which the Company is becomes a publicly held corporation shall be the closing sale price per Share share reported on a consolidated basis for stock listed on... the principal stock exchange or market on which Shares are Stock is traded on the date as of which such value is being determined or, if there is no sale on that date, then on the last previous day on which a sale was reported View More
Found in Limelight Networks, Inc. contract
Fair Market Value. The fair market value of Shares, Stock, Awards or other property as determined by the Committee, or under procedures established by the Committee. Unless otherwise determined by the Committee, the Fair Market Value of a Share Stock as of any given date shall be the closing sale price per Share share reported on a consolidated basis for stock listed on the principal stock exchange or market on which Shares are Stock is traded on the date as of which such value is being determined or, if there is... no sale on that date, then on the last previous day on which a sale was reported View More
Found in Quest Resource Holding Corp contract
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Fair Market Value. As of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Common Stock... is listed or admitted to trading as reported in The Wall Street Journal; (c) if such Common Stock is publicly traded but is not quoted on the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or other source as the Board may determine); or (d) if none of the foregoing is applicable, by the Committee in good faith View More
Found in Enphase Energy, Inc. contract
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Fair Market Value. As of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Common Stock... is listed or admitted to trading as reported in The Wall Street Journal; (c) if such Common Stock is publicly traded but is not quoted on the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by in The Wall Street Journal (or, if not so reported, as otherwise reported Journal; (d) in the case of an Award made on the Effective Date, the price per share at which shares of the Company's Common Stock are initially offered for sale to the public by any newspaper the Company's underwriters in the initial public offering of the Company's Common Stock pursuant to a registration statement filed with the SEC under the Securities Act; or other source as the Board may determine); or (d) (e) if none of the foregoing is applicable, by the Committee in good faith View More
Found in Ciena Corp contract
Fair Market Value. As of any date, the value of a share of the Company's Class A Common Stock determined as follows: 13. (a) if such Class A Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which... the Class A Common Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) (b) if such Class A Common Stock is publicly traded but is not quoted on the Nasdaq National Market quoted, nor listed or admitted to trading trading, on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or other source as the Board Committee may determine); or (d) (c) if none of the foregoing is applicable, by the Committee in good faith View More
Found in ZYNGA INC contract
Fair Market Value. As of any date, the value of a share of the Company's Class A Common Stock determined as follows: 13. (a) if such Class A Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which... the Class A Common Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) (b) if such Class A Common Stock is publicly traded but is not quoted on the Nasdaq National Market quoted, nor listed or admitted to trading trading, on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or other source as the Board Committee may determine); or (d) (c) if none of the foregoing is applicable, by the Committee in good faith View More
Found in ZYNGA INC contract
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Fair Market Value. With respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock at the end of the regular trading session, as reported by The NASDAQ Stock Market, The New York Stock Exchange, The American Stock Exchange or any national exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) if the Common Stock is not so listed, admitted to unlisted trading... privileges, or reported on any national exchange or, the closing sale price as of such date at the end of the regular trading session, as reported by OTC Bulletin Board or the Pink Sheets LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, and consistent with the definition of "fair market value" under Section 409A of the Code View More
Found in ANI Pharma Inc contract
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Fair Market Value. With respect to the Common Stock, as of any date: (i) date the closing sale price of the a share of Common Stock as reported on the Nasdaq Stock Market, New York Stock Exchange, or other established stock exchange (or exchanges) at the end of the regular trading session, as reported by The NASDAQ Stock Market, The New York Stock Exchange, The American Stock Exchange or any national exchange session on which the Common Stock is then listed or quoted applicable date, (or, if no shares were traded... on such date, as of the next preceding date on which there was such a trade); trade) or (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges, privileges or reported on any national exchange or, exchange, the closing sale price as of such date at the end of the regular trading session, session on such date, as reported by the OTC Bulletin Board or the Pink Sheets LLC, Board, OTC Markets or other comparable quotation service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if quote). In the event the Common Stock is not so listed or reported, such price as publicly traded at the time a determination of its value is required to be made hereunder, the determination of Fair Market Value shall be made by the Committee determines in such manner as it deems appropriate and in good faith, faith in the exercise of its reasonable discretion, and consistent with the definition of "fair market value" under Section 409A of the Code Code. If determined by the Committee, such determination will be final, conclusive and binding for all purposes and on all persons, including the Company, the stockholders of the Company, the Participants and their respective successors-in-interest. No member of the Committee will be liable for any determination regarding the fair market value of the Common Stock that is made in good faith. View More
Found in Gordon Pointe Acquisition Corp. contract
Fair Market Value. With respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock as of such date at the end of the regular trading session, as reported by The NASDAQ the Nasdaq Stock Market, The the New York Stock Exchange, The the American Stock Exchange or any national securities exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) if the Common Stock is... not so listed, admitted to unlisted trading privileges, or reported on any national exchange or, securities exchange, the closing sale price as of such date at the end of the regular trading session, as reported by the OTC Bulletin Board or the Pink Sheets Sheets, LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, and consistent with the definition of "fair market value" its sole discretion in a manner acceptable under Section 409A 423 of the Code View More
Found in Clovis Oncology, Inc. contract
Fair Market Value. With respect to the Common Stock, as of any date: (i) (a) the closing sale price of the Common Stock as of such date at the end of the regular trading session, as reported by The NASDAQ Stock Market, The New York Stock Exchange, The American Stock Exchange NYSE MKT LLC or any national securities exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) (b) if the Common Stock is... not so listed, admitted to unlisted trading privileges, or reported on any national exchange or, securities exchange, the closing sale price as of such date at the end of the regular trading session, as reported by OTC Bulletin Board or the Pink Sheets LLC, OTC Markets Group Inc. or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) (c) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, in the exercise of its reasonable discretion, and consistent with the definition of "fair market value" under Section 409A of the Code and in conformity with generally accepted accounting principles in the United States. If determined by the Committee, such determination will be final, conclusive and binding for all purposes and on all persons, including the Company, the stockholders of the Company, the Participants and their respective heirs and other successors-in-interest. No member of the Committee will be liable for any determination regarding the fair market value of the Common Stock that is made in good faith. View More
Found in Diffusion Pharmaceuticals Inc. contract
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Fair Market Value. Means, as of any specified date, (i) if the Stock is listed on a national securities exchange, the closing sales price of the Stock, as reported on the stock exchange composite tape on the preceding date (or if no sales occur on such date, on the last preceding date on which such sales of the Stock are so reported); (ii) if the Stock is not traded on a national securities exchange but is traded over the counter at the time a determination of its fair market value is required to be made under... the Plan, the average between the reported high and low bid and asked prices of Stock on the most recent date on which Stock was publicly traded; or (iii) in the event Stock is not publicly traded at the time a determination of its value is required to be made under the Plan, the amount determined by the Committee in its discretion in such manner as it deems appropriate, taking into account all factors the Committee deems appropriate including, without limitation, the Nonqualified Deferred Compensation Rules. View More
Found in EP Energy LLC contract
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Fair Market Value. Means, Of a share of Stock means, as of any specified date, (i) if the Stock is listed on a national securities exchange, the closing sales price of the Stock, as reported on the stock exchange composite tape on the preceding that date (or if no sales occur on such date, on the last preceding date on which such sales of the Stock are so reported); (ii) if the Stock is not traded on a national securities exchange but is traded over the counter at the time a determination of its fair market value... is required to be made under the Plan, on such date, the average between the reported high and low bid and asked prices of Stock on the most recent date on which Stock was publicly traded; traded on or preceding the specified date; or (iii) in the event Stock is not publicly traded at the time a determination of its value is required to be made under the Plan, the amount determined by the Committee in its discretion in such manner as it deems appropriate, taking into account all factors the Committee deems appropriate including, without limitation, appropriate, including the Nonqualified Deferred Compensation Rules. Notwithstanding this definition of Fair Market Value, with respect to one or more Award types, or for any other purpose for which the Committee must determine the Fair Market Value under the Plan, the Committee may elect to choose a different measurement date or methodology for determining Fair Market Value so long as the determination is consistent with the Nonqualified Deferred Compensation Rules and all other applicable laws and regulations. View More
Found in TALOS ENERGY INC. contract
Fair Market Value. Means, as As of any specified date, (i) if the Stock is listed on a national securities exchange, the closing sales price of the Stock, as reported on the stock exchange composite tape on the preceding that date (or if no sales occur on such that date, on the last preceding date on which such sales of the Stock are so reported); (ii) if the Stock is not traded on a national securities exchange but is traded over the counter at the time a determination of its fair market value is required to be... made under the Plan, the average between the reported high and low bid and asked prices of Stock on the most recent date on which Stock was publicly traded; or (iii) in the event Stock is not publicly traded at the time a determination of its value is required to be made under the Plan, the amount determined by the Committee in its discretion in such manner as it deems appropriate, taking into account all factors the Committee deems appropriate including, without limitation, the Nonqualified Deferred Compensation Rules. Rules; or (iv) on the date of a Qualifying Public Offering of Stock, the offering price under such Qualifying Public Offering. View More
Found in Oasis Petroleum contract
Fair Market Value. Means, as As of any specified date, (i) if the Stock is listed on a national securities exchange, the closing sales price of the Stock, as reported on the stock exchange composite tape on the preceding that date (or if no sales occur on such that date, on the last preceding date on which such sales of the Stock are so reported); (ii) if the Stock is not traded on a national securities exchange but is traded over the counter at the time a determination of its fair market value is required to be... made under the Plan, the average between the reported high and low bid and asked prices of Stock on the most recent date on which Stock was publicly traded; or (iii) in the event Stock is not publicly traded at the time a determination of its value is required to be made under the Plan, the amount determined by the Committee in its discretion in such manner as it deems appropriate, taking into account all factors the Committee deems appropriate including, without limitation, the Nonqualified Deferred Compensation Rules. Rules; or (iv) on the date of a Qualifying Public Offering of Stock, the offering price under such Qualifying Public Offering. View More
Found in RSP Permian, Inc. contract
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Fair Market Value. With respect to a share of Common Stock as of a given date of determination hereunder, the closing price as reported on the New York Stock Exchange or other principal exchange on which the Common Stock is then listed on such date or if the Common Stock was not traded on such date, then on the next preceding trading day that the Common Stock was traded on such exchange, as reported by such responsible reporting service as the Committee may select. If the Common Stock is not listed on any such... exchange, "Fair Market Value" shall be such value as determined by the Board in its discretion and, to the extent necessary, shall be determined in a manner consistent with Section 409A of the Code and the regulations thereunder View More
Found in AMC ENTERTAINMENT HOLDINGS, INC. contract
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Fair Market Value. With Means, with respect to a share of Common Stock as of a given date of determination hereunder, unless otherwise determined or provided by the Committee in the circumstances, the closing price as reported on the New York Stock Exchange or other principal exchange on which the Common Stock is then listed Principal Market on such date or if the Common Stock was not traded on such date, then on the next preceding trading day that the Common Stock was traded on such exchange, as reported by such... responsible reporting service as the Committee may select. The Committee may, however, provide with respect to one or more Awards that the Fair Market Value shall equal the average of the high and low trading price as reported on the Principal Market on the applicable date of determination, or if the Common Stock was not traded on such date, then on the next preceding trading day that the Common Stock was traded on such Principal Market, as reported by such responsible reporting service as the Committee may select. If the Common Stock is not listed on any such exchange, "Fair Market Value" shall be such value as determined by the Board or the Committee in its discretion and, to the extent necessary, shall be determined in a manner consistent with Section 409A of the Code and the regulations thereunder thereunder. View More
Found in Syneos Health contract
Fair Market Value. With respect to a share of Common Stock as of a given date of determination hereunder, for purposes of determining the exercise price per share of a Stock Option and the base price of a Stock Appreciation Right, (i) the closing price as reported on the New York Stock Exchange or other principal exchange on which the Common Stock is then listed on such date date, or if the Common Stock was not traded on such date, then on the next preceding trading day that the Common Stock was traded on such... exchange, as reported by such responsible reporting service as the Committee may select. If select or (ii) the initial public offering price of a share of Common Stock is not listed for grants of such Awards made on any such exchange, or prior to the Company's initial public offering. For all other purposes, "Fair Market Value" shall be such value as determined by the Board in its discretion and, to the extent necessary, shall be determined in a manner consistent with Section 409A of the Code and the regulations thereunder View More
Found in inVentiv Group Holdings, Inc. contract
Fair Market Value. With Means, with respect to a share of Common Stock as of a given date of determination hereunder, unless otherwise determined or provided by the Committee in the circumstances, the closing price as reported on the New York Stock Exchange or other principal exchange on which the Common Stock is then listed Principal Market on such date or if the Common Stock was not traded on such date, then on the next preceding trading day that the Common Stock was traded on such exchange, as reported by such... responsible reporting service as the Committee may select. The Committee may, however, provide with respect to one or more Awards that the Fair Market Value shall equal the average of the high and low trading price as reported on the Principal Market on the applicable date of determination, or if the Common Stock was not traded on such date, then on the next preceding trading day that the Common Stock was traded on such Principal Market, as reported by such responsible reporting service as the Committee may select. If the Common Stock is not listed on any such exchange, "Fair Market Value" shall be such value as determined by the Board or the Committee in its discretion and, to the extent necessary, shall be determined in a manner consistent with Section 409A of the Code and the regulations thereunder thereunder. View More
Found in Syneos Health contract
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Fair Market Value. With respect to any property other than Shares, the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. The Fair Market Value of Shares as of any date shall be the per Share closing price of the Shares as reported on the NASDAQ Stock Market on that date (or if there was no reported closing price on such date, on the last preceding date on which the closing price was reported) or, if the Company is not then listed on... the NASDAQ Stock Market, on such other principal securities exchange on which the Shares are traded, and if the Company is not listed on the NASDAQ Stock Market or any other securities exchange, the Fair Market Value of Shares shall be determined by the Committee in its sole discretion using appropriate criteria. View More
Found in ARENA PHARMACEUTICALS INC contract
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Fair Market Value. With respect to any property other than Shares, the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. The Fair Market Value of Shares as of any date shall be date, (i) the per Share closing price of the Shares as reported on the NASDAQ Stock Market on that date (or if there was no reported closing price on such date, on the last preceding date on which the closing price was reported) or, reported), (ii) if the ... class="diff-color-red">Company is Shares are not then listed on the NASDAQ Stock Market, the closing price on such other the principal U.S. national securities exchange on which the Shares are traded, and listed (or if there was no reported closing price on such date, on the last preceding date on which the closing price was reported), or (iii) if the Company is Shares are not listed on the NASDAQ Stock Market or any other a U.S. national securities exchange, the Fair Market Value of Shares shall be determined by the Committee in its sole discretion using appropriate criteria. criteria, a reasonable application of a reasonable method in accordance with the regulations under Section 409A of the Code and, with respect to Incentive Stock Options, in accordance with the requirements of Section 422 of the Code. The Fair Market Value of any property other than Shares shall mean the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. View More
Found in Vericel Corp contract
Fair Market Value. With Shall mean, with respect to any property other than Shares, the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. The Fair Market Value of Shares as of any date shall be the per Share closing price of the Shares as reported on the NASDAQ Stock Market on that date (or if there was were no reported closing price prices on such date, on the last preceding date on which the closing price was prices were reported)... or, if the Company is not then listed on the NASDAQ Stock Market, NASDAQ, on such other principal securities exchange on which the Shares are traded, and if the Company is not listed on the NASDAQ Stock Market or any other securities exchange, the Fair Market Value of Shares shall be determined by the Committee in its sole discretion using appropriate criteria. discretion. View More
Found in Monster Beverage contract
Fair Market Value. With Shall mean, with respect to any property other than Shares, the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. The Fair Market Value of Shares as of any date shall be the per Share closing price of the Shares as reported on the NASDAQ Stock Market on that date (or if there was were no reported closing price prices on such date, on the last preceding date on which the closing price was prices were reported)... or, if the Company is not then listed on the NASDAQ Stock Market, NASDAQ, on such other principal securities exchange on which the Shares are traded, and if the Company is not listed on the NASDAQ Stock Market or any other securities exchange, the Fair Market Value of Shares shall be determined by the Committee in its sole discretion using appropriate criteria. discretion. View More
Found in Monster Beverage contract
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Fair Market Value. Shall have the meaning set forth in the Plan
Found in P. H. Glatfelter Company contract
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Fair Market Value. Shall Will have the meaning set forth in the Plan Plan.
Found in P. H. Glatfelter Company contract
Fair Market Value. Shall have the meaning meanings set forth in the Plan
Found in INTERSIL CORP contract
Fair Market Value. Shall have the meaning set forth in the Plan Stock Plan.
Found in Primo Water Corp contract
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Fair Market Value. As of any date, the fair market value of the Common Stock, as determined by the Administrator in good faith on such basis as it deems appropriate and applied consistently with respect to Participants. Whenever possible, the determination of Fair Market Value shall be based upon the closing price for the Shares as reported in the Wall Street Journal for the applicable date
Found in Actinium Pharmaceuticals, Inc. contract
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Fair Market Value. As of any date, the per share fair market value of the Common Stock, as determined by the Administrator in good faith on such basis as it deems appropriate and applied consistently with respect to Participants. Whenever possible, the determination of Fair Market Value shall be based upon the per share closing bid price for the Shares as reported in the Wall Street Journal on OTCmarkets.com for the applicable date
Found in Game Plan Holdings, Inc. contract
Fair Market Value. As of any date, the fair market value of the Common Stock, as determined by the Administrator in good faith on such basis as it deems appropriate and applied consistently with respect to Participants. Whenever possible, the determination of Fair Market Value shall be based upon the closing price for the Shares as reported in the Wall Street Journal for the applicable date date. Notwithstanding the foregoing, to the extent necessary to comply with Sections 409A or 422 of the Code, any... determination of Fair Market Value shall be determined in accordance with the applicable Sections of the Code View More
Found in Evofem Biosciences, Inc. contract
Fair Market Value. As (t)"Fair Market Value" means, as of any date, the per share fair market value of the Common Stock, as determined by the Administrator in good faith on such basis as it deems appropriate and applied consistently with respect to Participants. Whenever possible, the determination of Fair Market Value shall be based upon the per share closing price for the Shares as reported in the The Wall Street Journal for the applicable date date.
Found in SSTL, Inc. contract
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