Fair Market Value

Fair Market Value. Means, 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 for the last market trading day prior to the time 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 date of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. Board, and in a manner consistent with Section 260.140.50 of Title 10 of the California Code of Regulations. View More

Fair Market Value. Means, as of any date, the The value of Common Stock a security, as determined as follows: (i) in good faith by the Board. If the Common Stock security is listed on any established stock exchange or a national market system, including without limitation traded on the Nasdaq National Market or The the Nasdaq SmallCap Market of The Nasdaq Stock Market, its the Fair Market Value of the security, unless otherwise determined by the Board, shall be the closing sales price (rounded up where necessary... to the nearest whole cent) for such stock security (or the closing bid, if no sales were reported) as quoted on such exchange or system for market (or the last exchange or market with the greatest volume of trading day in the relevant security of the Company) on the Trading Day prior to the time 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 date of determination, relevant determination date, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. reliable View More

Fair Market Value. Means, as As of any date, the value of a share 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 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 exchange or system for (or the... exchange with the greatest volume of trading in Common Stock) on the last market trading day prior to the time day of determination, as reported in The Wall Street Journal or such other source as on the Administrator deems reliable; exchange; (ii) If the Common Stock is quoted on the OTC Bulletin Board, or 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 date last market trading day prior to the day of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; by Bloomberg; or (iii) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. Administrator, without regard to any restriction other than a restriction which, by its terms, will never lapse, and subject to compliance with Section 409A of the Code View More

Fair Market Value. Means, as As of any date, the value of a share of the Company's Common Stock determined as follows: (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing last reported sale price on the Nasdaq National Market or, if no such reported sale takes place on such date, the date average of determination as reported in The Wall Street Journal; the closing bid and asked prices; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, ... class="diff-color-red">its the last reported sale price or, if no such reported sale takes place on such date, the average of the closing price on the date of determination bid and asked prices on the principal national securities exchange on which the Common Stock is listed or admitted to trading as reported in The Wall Street Journal; trading; (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 such date, as reported in by The Wall Street Journal; Journal, for the over-the-counter market; or (d) if none of the foregoing is applicable, by the Committee Board of Directors of the Company in good faith. View More

Found in RingCentral Inc contract

Fair Market Value. Means, as of any date, the value of a share of the Company's Common Stock determined as follows: (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) Journal or such other source as the Board or the Committee deems reliable; (b) if such Common Stock is publicly traded but is not quoted on the Nasdaq National Market neither listed 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 in The Wall Street Journal; Journal or (d) such other source as the Board or the Committee deems reliable; or (c) if none of the foregoing is applicable, by the Board or the Committee in good faith. View More

Fair Market Value. Means, as of any date, the value of a share of the Company's Common Stock determined as follows: (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 in The Wall Street 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 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 (d) (e) if none of the foregoing is applicable, by the Committee in good faith. View More

Fair Market Value. Per With respect to Stock or other property, the fair market value of such Stock or other property determined by such methods or procedures as shall be established from time to time by the Board. Unless otherwise determined by the Board in good faith, the per share Fair Market Value of Stock as of a particular date shall mean (i) the closing sales price per share of Common Stock on the national securities exchange on which the Common Stock is principally traded traded, for the last preceding... date on which there was a sale of such Common Stock on such exchange, or exchange; (ii) if the shares of Common Stock are then traded in an over-the-counter market, the average of the closing bid and asked prices for the shares of Common Stock in such over-the-counter market for the last preceding date on which there was a sale of such Common Stock in such market, market; or (iii) if the shares of Common Stock are not then listed on a national securities exchange or traded in an over-the-counter market, such value as the Committee, Board, in its sole discretion, shall determine. View More

Fair Market Value. Per share of Stock as of a particular date shall mean (i) means: (a) the closing sales price per share of Common Stock on that date on the national securities exchange on which the Common Stock is principally traded or, if the exchange is not open or for any other reason there are no sales of Stock on that date, the closing sales price per share of Stock for the last preceding date on which there was a sale of such Common Stock on such exchange, exchange; or (ii) (b) if the shares of Common... Stock are then traded in an over-the-counter market, the average of the closing bid and asked prices for the shares of Common Stock on that date in such over-the-counter market or, if the market is not open or for any other reason there are no sales of Stock on that date, the average of the closing bid and asked prices on the last preceding date on which there was a sale of such Common Stock in such market, market; or (iii) (c) if the shares of Common Stock are not then listed on a national securities exchange or traded in an over-the-counter market, such value as the Committee, in its sole discretion, shall determine. View More

Fair Market Value. Per share as of a particular date shall mean (i) the closing sales price per share of Common Stock as reported on the New York Stock Exchange (or if the shares of Common Stock are not then traded on such exchange, on the principal national securities exchange on which the Common Stock is principally traded they are then traded) for the last preceding date on which there was a sale of such Common Stock on such exchange, or (ii) if the shares of Common Stock are not then traded in on a national... securities exchange but are traded on an over-the-counter market, the average of the closing bid and asked prices for the shares of Common Stock in such over-the-counter market for the last preceding date on which there was a sale of such Common Stock in such market, or (iii) if the shares of Common Stock are not then listed on a national securities exchange or traded in an over-the-counter market, such value as the Committee, Committee (as defined in Section 3 hereof) in its sole discretion, shall discretion may determine. View More

Fair Market Value. Means the The fair market value of Shares, Stock, Awards or other property as determined in good faith by the Committee, 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 Stock shall be the closing sale price per Share share of Stock reported on a consolidated basis for stock securities listed on the principal stock exchange or market on which Shares are Stock is traded on the date day... as of which such value is being determined or, if there is no sale on that date, day, then on the last previous day on which a sale was reported. reported; provided however, that Fair Market Value relating to the exercise price or base price of any Non-409A Option or SAR shall conform to requirements so as to exempt them from Code Section 409A. View More

Fair Market Value. Means the The fair market value of Shares, Stock, Awards or other property as determined by the Committee, 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 Stock shall be the closing sale price per Share reported on of a consolidated basis for stock listed share of Stock, as quoted on the principal stock exchange or market composite transactions table on which Shares are traded the New... York Stock Exchange, on the date as on which the determination of which such fair market 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. made. View More

Fair Market Value. Means the fair market value of Shares, Stock, Awards or other property as determined in good faith by the Committee, Committee or under procedures established by the Committee. Unless otherwise determined by the Committee, the Fair Market Value of Stock on a Share as of any given date day shall be the closing sale price per Share reported on a consolidated basis for stock listed on average of the principal stock exchange or market on which Shares are traded high and low sales prices of the... Stock 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. it is to be valued hereunder as reported for New York Stock Exchange -- Composite Transactions. Fair Market Value relating to the exercise price or base price of any Non-409A Option or SAR and relating to the market value of Stock measured at the time of exercise shall conform to requirements under Code Section 409A. View More

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 mean between the highest and lowest sales 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, 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, or, at the discretion of the Committee, the price prevailing on the exchange at the time of exercise, (ii) if shares of Common Stock are not so listed listed, but are quoted on the Nasdaq National Market, the mean between the highest and lowest sales closing price per share of Common Stock reported by the Nasdaq National Market 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) 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 such that date, on the last preceding date on for which such those quotations shall be are available, as reported by the Nasdaq Stock Market, 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 such that purpose. View More

Fair Market Value. Of a share of Common Stock means, as of a particular date, (i) if shares of Common Stock are is listed on a national securities exchange, the mean between the highest and lowest closing sales price per share of such 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 next succeeding date on... which such a sale was is so reported, or, at the discretion of the Committee, the price prevailing on the exchange at the time of exercise, (ii) if shares of Common Stock are is not so listed but are is quoted on the Nasdaq National NASDAQ Stock Market, Inc., the mean between the highest and lowest closing sales price per share of Common Stock reported by the Nasdaq National Market NASDAQ Stock Market, Inc. on that date, or, if there shall have been no such sale so reported on that date, on the last preceding next succeeding date on o n which such a sale was is so reported, reported or, at the discretion of the Committee, the price prevailing on the NASDAQ Stock Market, Inc. at the time of exercise, (iii) if the Common Stock is not so listed or quoted, the mean between the closing bid and asked price on that date, or, if there are no quotations available for such date, on the last preceding next succeeding date on which such quotations shall be available, as reported by the Nasdaq NASDAQ Stock Market, Inc. or, if not reported by the Nasdaq NASDAQ Stock Market, Inc., by the National Quotation Bureau Incorporated or (iv) if shares of Common Stock are is not publicly traded, the most recent value determined by an independent appraiser appointed by the Company Corporation for such purpose. View More

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 mean between the highest and lowest sales 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, ... class="diff-color-red">or, at the discretion of the Committee, the price prevailing on the exchange at the time of exercise, (ii) if shares of Common Stock are not so listed but are quoted on the Nasdaq National Market, the mean between the highest and lowest sales 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 3 EXHIBIT 10.49 such a sale was so reported, (iii) if the Common Stock is not so listed or quoted, the mean between the closing bid and asked price on that date, or, if there are no quotations available for such date, on the last preceding date on which such quotations shall be available, as reported by the Nasdaq Stock National Market, or, if not reported by the Nasdaq Stock National 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 in good faith by the Company Board for such purpose. View More

Found in BRIGHAM EXPLORATION CO contract

Fair Market Value. On As of any date means particular date, the average of the high and low closing sales prices of the Shares Common Stock on such date on the principal national securities exchange on which such Shares are Common Stock is listed or admitted to trading, or or, if such Shares are not so listed or admitted to trading, the arithmetic mean average of the per Share closing bid price and per Share closing asked price on such date as quoted on the National Association of Securities Dealers Automated... Quotation System or such other market in which such prices are regularly quoted, or, quoted (including the Over-the-Counter Bulletin Board), or if there have been no published bid or asked quotations with respect to Shares the Common Stock on such date, the Fair Market Value shall be the value established by the Board of Directors in good faith and, in the case of an Incentive Stock Option, in accordance with Section 422 of the Code. faith. View More

Fair Market Value. On any date means the average of the high and low closing sales prices of the Shares on such date date, on the principal national securities exchange on which such Shares are listed or admitted to trading, or or, if such Shares are not so listed or admitted to trading, the arithmetic mean average of the per Share closing bid price and per Share closing asked price on such date as quoted on the National Association of Securities Dealers Automated Quotation System or such other market in which... such prices are regularly quoted, or, if there have been no published bid or asked quotations with respect to Shares on such date, the Fair Market Value shall be the value established by the Board in good faith and, in the case of an Incentive Stock Option, in accordance with Section 422 of the Code. Board. View More

Fair Market Value. On any date means the average of the high and low closing sales prices of the Shares (i) on the day before such date, or (ii) on such date if an Agreement so provides, on the principal national securities exchange on which such Shares are listed or admitted to trading, or or, if such Shares are not so listed or admitted to trading, the arithmetic mean average of the per Share closing bid price and per Share closing asked price on such date as quoted on the National Association of Securities... Dealers Automated Quotation System or such other market in which such prices are regularly quoted, or, if there have been no published bid or asked quotations with respect to Shares on such date, the Fair Market Value shall be the value established by the Board in good faith and, in the case of an Incentive Stock Option, in accordance with Section 422 of the Code. View More

Fair Market Value. Means, with 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) (a) the mean between the reported high and low sale prices of the Common Stock during the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges quote); or reported on any foreign or national securities exchange or on the Nasdaq National Market or an equivalent foreign market on which sale prices are reported; (b) if the Common Stock is not so listed, admitted to unlisted trading privileges or reported, the closing bid price as reported by the Nasdaq SmallCap Market, OTC Bulletin Board or the National Quotation Bureau, Inc. or other comparable service; or (c) (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in faith, and consistent with the exercise definition of its reasonable discretion. "fair market value" under Section 409A of the Code View More

Fair Market Value. Means, with With respect to the Common Stock, as of any date (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) (a) date: (i) the mean between the reported high and low sale prices of the Common Stock during at the end of the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges privileges, or reported on any foreign or national securities exchange or on the Nasdaq National NASDAQ... Global Select or Global Market or an equivalent foreign market on such date (or, if no shares were traded on such day, as of the next preceding day on which sale prices are reported; (b) there was such a trade); or (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges privileges, or reported, reported on any national exchange or on the NASDAQ Global Select or Global Market, the closing bid price as of such date at the end of the regular trading session, as reported by the Nasdaq SmallCap Capital Market, OTC Bulletin Board or the National Quotation Bureau, Inc. Board, The OTC Market, or other comparable service; or (c) (iii) 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. discretion View More

Fair Market Value. Means, with respect to the Common Stock, as of any date (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) (a) date: (i) the mean between the reported high and low sale prices of the Common Stock during at the end of the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges privileges, or reported on any foreign or national securities exchange exchange, or on The Nasdaq Stock... Market, The Nasdaq Capital Market, the Nasdaq National Market or an equivalent foreign market on which sale prices are reported; (b) if OTC Markets Group, Inc., the Common Stock is not so listed, admitted to unlisted trading privileges or reported, the closing bid price as reported by the Nasdaq SmallCap Market, OTC Bulletin Board or the National Quotation Bureau, Inc. Board, Pink Sheets LLC, or other comparable service; service on such date (or, if no shares were traded on such day, as of the next preceding day on which there was such a trade); or (c) (ii) 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. View More

Fair Market Value. As of a particular date shall mean any given date, the fair market value of a Share share of Common Stock as determined by the Administrator Committee using any reasonable method and in its sole discretion; good faith (such determination will be made in a manner that satisfies Section 409A of the Code and in good-faith as required by Section 422(c)(1) of the Code); provided that (i) (A) if the Shares are Common Stock is admitted to trading on a national securities exchange, Fair Market Value the fair market value of a Share share of Common Stock on any date shall be the closing sale price reported for such Share share on such the exchange on such date or, if no sale was reported on such date, then the last day on which a sale was reported, (ii) reported; (B) if the Shares are Common Stock is admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable a successor quotation system and has been designated as a National Market System ("NMS") security, Fair Market Value fair market value of a Share share Common Stock on any date shall be the closing sale price reported for such Share share on such the system on such date or, if no sale was reported on such date, the last date preceding such date on which a sale was reported, or (iii) reported; and (C) if the Shares are Common Stock is admitted to quotation on the Nasdaq System NASDAQ but has not been designated as an NMS security, Fair Market Value fair market value of a Share share of Common Stock on any such date shall be the sale price average of the highest bid and lowest asked prices for such Share share of Common Stock on the last sale system on such date on which both the bid and asked prices were reported for such date. View More

Fair Market Value. As of a particular date shall mean the The fair market value of a Share the Shares as determined by the Administrator Committee in its sole discretion; provided provided, however, that (i) if the Shares are admitted to trading on a national securities exchange, Fair Market Value of a Share on any date shall be the closing sale price reported for such Share on such exchange on such date or, if no sale was reported on such date, then the last day on which a sale was reported, (ii) (A) if the... Shares are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable quotation system and has have been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Shares on such system on such date or, if no or on the last day preceding such date on which a sale was reported reported, (B) if the Shares are admitted to quotation on NASDAQ and have not been designated a NMS security, Fair Market Value on any date shall be the average of the highest bid and lowest asked prices of the Shares on such system on such date, or (C) if the Shares are admitted to trading on a national securities exchange, Fair Market Value on any date shall be the last sale price reported for the Shares on such exchange on such date or on the last date preceding such date on which a sale was reported, or (iii) if the Shares are admitted to quotation on the Nasdaq System but has not been designated as an NMS security, Fair Market Value of a Share on any date shall be the sale price for such Share on the last sale reported for such date. reported. View More

Fair Market Value. As of a particular date shall mean the The fair market value of a Share the Shares as determined by the Administrator Committee in its sole discretion; provided provided, however, that (i) (A) if the Shares are admitted to quotation on the New York Stock Exchange ("NYSE") or other comparable quotation system and have been designated as a National Market System ("NMS") security, Fair Market Value on any date shall be the last sale price reported for the Shares on such system for the preceding... trading day, or on the last day preceding such date on which a sale was reported, (B) if the Shares are admitted to quotation on NYSE and have not been designated a NMS security, Fair Market Value on any date shall be the average of the highest bid and lowest asked prices of the Shares on such system on such date, or (C) if the Shares are admitted to trading on a national securities exchange, Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Shares on such exchange on such date or, if no sale was reported or on such date, then the last day on which a sale was reported, (ii) if the Shares are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System or other comparable quotation system and has been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing sale price reported for such Share on such system on such date or, if no sale was reported on such date, the last date preceding such date on which a sale was reported, or (iii) if the Shares are admitted to quotation on the Nasdaq System but has not been designated as an NMS security, reported. In all instances, Fair Market Value of a Share on any date shall be determined in accord with Section 409A of the sale price for such Share on the last sale reported for such date. Code. View More

Fair Market Value. Of a Share on any date of reference shall be mean the Closing Price "Closing Price" (as defined below) of a share of the Common Stock on such date, the business day immediately preceding the date of reference, unless the Committee in its sole discretion shall determine otherwise in a fair and uniform manner. For this purpose, the purpose of determining Fair Market Value, the "Closing Price" of the Common Stock on any business day shall be (i) if the Common Stock is listed or admitted for... trading on any United States national securities exchange, or if actual transactions are otherwise reported on a consolidated transaction reporting system, the last reported sale price of the Common Stock on such exchange or reporting system, as reported in any newspaper of general circulation; circulation, (ii) if the Common Stock is quoted on the National Association of Securities Dealers Automated Quotations System ("NASDAQ"), or any similar system of automated dissemination of quotations of securities prices in common use, the last reported sale price of Common Stock on such system or, if sales prices are not reported, the mean between the closing high bid and low asked quotations for such day of the Common Stock on such system; system, as reported in any newspaper of general circulation or (iii) if neither clause (i) nor or (ii) is applicable, the mean between the high bid and low asked quotations for the Common Stock as reported by the National Quotation Bureau, Incorporated if at least two securities dealers have inserted both bid and asked quotations for the Common Stock on at least five of the 10 ten preceding days. If the information set forth in clauses (i) through neither (i), (ii), or (iii) above is unavailable or inapplicable to the Company (E.G., if the Company's Common Stock is not applicable, then publicly traded or quoted), then the "Fair Fair Market Value" of a Share Value shall be the fair market value (I.E., the price at which a willing seller would sell a Share to a willing buyer when neither is acting under compulsion and when both have reasonable knowledge of all relevant facts) of a share of the Common Stock on the business day immediately preceding such date as determined by the Committee in its sole and absolute discretion shall determine in a fair and uniform manner. View More

Fair Market Value. Of a Share on any date of reference shall be the Closing Price of a share of Common Stock on the business day immediately preceding such date, unless the Committee in its sole discretion shall determine otherwise in a fair and uniform manner. date. For this purpose, the "Closing Price" Closing Price of the Common Stock Shares on any business day shall be (i) if the Common Stock is Shares are listed or admitted for trading on any United States national securities exchange, or if actual... transactions are otherwise reported on a consolidated transaction reporting system, the last reported sale price of the Common Stock Shares on such exchange or reporting system, exchange, as reported in any newspaper of general circulation; circulation, (ii) if the Common Stock is Shares are quoted on the National Association of Securities Dealers Automated Quotations System ("NASDAQ"), NASDAQ, or any similar system of automated dissemination of quotations of securities prices in common use, the mean between the closing high bid and low asked quotations for such day of the Common Stock Shares on such system; or system, (iii) if neither clause (i) nor or (ii) is applicable, the mean between the high bid and low asked quotations for the Common Stock Shares as reported by the National Daily Quotation Bureau, Incorporated Service if at least two securities dealers have inserted both bid and asked quotations for the Common Stock Shares on at least five of the 10 ten preceding days. business days, or (iv) in lieu of the above, if actual transactions in the Shares are reported on a consolidated transaction reporting system, the last sales price of the Shares on such system. If there is no Closing Price as determined above, the information set forth in clauses (i) through (iii) above is unavailable or inapplicable to the Company (E.G., if the Company's Common Stock is not then publicly traded or quoted), then the "Fair Fair Market Value" of a Share Value shall be the fair market value (I.E., the price at which a willing seller would sell a Share to a willing buyer when neither is acting under compulsion and when both have reasonable knowledge of all relevant facts) of a share of the Common Stock on the business day immediately preceding such date as the Committee in its sole and absolute discretion shall determine in a determined by any fair and uniform manner. reasonable means prescribed by the Committee. View More

Fair Market Value. Of a Share on any date of reference shall be mean the Closing Price fair market value of a share Share of the Company's Common Stock on such that date, as determined by the Board or the Committee in a fair and uniform manner. If the Company's Common Stock is Publicly-Held, then Fair Market Value shall mean the "Closing Price" (as defined below) of the Common Stock on the business day immediately preceding the date of reference, unless the Board or the Committee in its sole discretion shall... determine otherwise in a fair and uniform manner. For this purpose, the purpose of determining Fair Market Value, the "Closing Price" of the Common Stock on any business day shall be (i) if the Common Stock is listed or admitted for trading on any United States national securities exchange, or if actual transactions are otherwise reported on a consolidated transaction reporting system, the last reported sale price of the Common Stock on such exchange or reporting system, as reported in any newspaper of general circulation; circulation, (ii) if the Common Stock is quoted on the National Association of Securities Dealers Automated Quotations System ("NASDAQ"), or any similar system of automated dissemination of quotations of securities prices in common use, the last reported sale price of Common Stock on such system or, if sales prices are not reported, the mean between the closing high bid and low asked quotations for such day of the Common Stock on such system; system, as reported in any newspaper of general circulation or (iii) if neither clause (i) nor or (ii) is applicable, the mean between the high bid and low asked quotations for the Common Stock as reported by the National Quotation Bureau, Incorporated if at least two securities dealers have inserted both bid and asked quotations for the Common Stock on at least five of the 10 ten preceding days. If the information set forth in clauses (i) through (iii) above is unavailable or inapplicable to the Company (E.G., if the Company's Common Stock is not then publicly traded or quoted), then the "Fair Market Value" of a Share shall be the fair market value (I.E., the price at which a willing seller would sell a Share to a willing buyer when neither is acting under compulsion and when both have reasonable knowledge of all relevant facts) of a share of the Common Stock on the business day immediately preceding such date as the Committee in its sole and absolute discretion shall determine in a fair and uniform manner. View More

Fair Market Value. Means, unless the Administrator determines otherwise, as As of any date, the closing average of the highest and lowest quoted sales price prices for such Common Stock as of such date (or if no sales were reported on such date, the closing sales price average on the last preceding day on which a sale was made), made) as quoted on the stock exchange or a national market system, with the highest trading volume, as reported in such source as the Administrator shall determine. determine

Fair Market Value. Means, unless Unless the Administrator determines otherwise, as of any date, the closing sales price for such Common Stock as of such date (or if no sales were reported on such date, the closing sales price on the last preceding day on for which a sale was made), reported), as reported in such source as the Administrator shall determine. determine

Fair Market Value. Means, unless Unless the Administrator determines otherwise, as of any date, the closing sales price for such Common Stock as of such date (or if no sales were reported on such date, the closing sales price on the last preceding day on for which a sale was made), reported), as reported in such source as the Administrator shall determine.