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
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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
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
Fair Market Value. As of any date, the value of Common Stock determined determined, as follows: (i) If the Common Stock is listed on any established stock exchange or a national market system, including including, without limitation limitation, the New York Stock Exchange, the Nasdaq National Global Select Market, the Nasdaq Global Market or The the Nasdaq SmallCap Capital Market of The Nasdaq Stock Market, its Fair Market Value shall will 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 will be the mean between the high bid and low asked prices for the Common Stock on the last market trading day date of determination (or, if no bids and asks were reported on that date, as applicable, on the day of determination, last trading date such bids and asks were reported), 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 will be determined in good faith by the Administrator View More
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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: (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 (e) if none of the foregoing is applicable, by the Committee in good faith View More
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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: (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 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; (d) in Journal or such other source as 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; Committee deems reliable; or (e) (c) if none of the foregoing is applicable, by the Board or the Committee in good faith View More
Fair Market Value. 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 by The Wall Street Journal; Journal (or, if not so reported, as otherwise reported by any newspaper or other source as the Board may determine); or (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 (e) if none of the foregoing is applicable, by the Committee in good faith View More
Fair Market Value. As of any date, the value of a share of the Company's Common Stock determined as follows: (a) if (a)if such Common Stock is then quoted on the Nasdaq NASDAQ National Market, its closing price on the Nasdaq NASDAQ National Market on the date of determination as reported in The Wall Street Journal; (b) if 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 Journal;(c)if such Common Stock is publicly traded but is not quoted on the Nasdaq 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 (e) if or(d)if none of the foregoing is applicable, by the Committee in good faith View More
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Fair Market Value. On a given date, (i) if the Common Stock is listed on a national securities exchange, the closing sales price of the Common Stock reported on the primary exchange on which the Common Stock is listed and traded on such date, or, if there are no such sales on that date, then on the last preceding date on which such sales were reported; (ii) if the Common Stock is not listed on any national securities exchange but is quoted in an inter-dealer quotation system on a last sale basis, the average... between the closing bid price and ask price reported on such date, or, if there is no such sale on that date, then on the last preceding date on which a sale was reported; or (iii) if the Common Stock is not listed on a national securities exchange or quoted in an inter-dealer quotation system on a last sale basis, the amount determined by the Committee in good faith to be the fair market value of the Common Stock View More
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Fair Market Value. On a given date, (i) if the Common Stock is Shares are listed on a national securities exchange, the closing sales price of the Common Stock Shares reported on the primary exchange on which the Common Stock Shares is listed and traded on such date, or, if there are no such sales on that date, then on the last preceding date on which such sales were reported; (ii) if the Common Stock is Shares are not listed on any national securities exchange but is are quoted in an inter-dealer quotation... system on a last sale basis, the average between the closing bid price and ask price reported on such date, or, if there is no such sale on that date, then on the last preceding date on which a sale was reported; or (iii) if the Common Stock is Shares are not listed on a national securities exchange or quoted in an inter-dealer quotation system on a last sale basis, the most recent estimated net asset value per Common Share publicly announced by the Company or such other amount determined by the Committee Board in good faith to be the fair market value of the Common Stock Shares. View More
Fair Market Value. On a given date, Means, with respect to shares of Common Stock, unless otherwise required by any applicable provision of the Code or any regulations issued thereunder, as of any date: (i) if the Common Stock is listed on a national securities exchange, the closing sales price of the Common Stock reported on the primary exchange on which the Common Stock is listed and traded on such date, or, if there are no such sales on that date, then on the last preceding date on which such sales were... reported; (ii) if the Common Stock is not listed on any national securities exchange but is quoted in an inter-dealer quotation system on a last sale last-sale basis, the average between the closing bid price and ask price reported on such date, or, if there is no such sale on that date, then on the last preceding date on which a sale was reported; or (iii) if the Common Stock is not listed on a national securities exchange or quoted in an inter-dealer quotation system on a last sale last-sale basis, the amount determined by the Committee in good faith to be the fair market value of the Common Stock Stock. For purposes of the grant of any Award, the applicable date shall be the trading day immediately prior to the date on which the Award is granted. For purposes of the exercise of any Award, the applicable date shall be the date a notice of exercise is received by the Committee or, if not a date on which the applicable market is open, the next day on which such market is open. View More
Fair Market Value. On a given date, (i) if the Common Stock is listed on a national securities exchange, the closing sales price of the Common Stock reported on the primary exchange on which the Common Stock is listed and traded on such date, or, if there are no such sales on that date, then on the last preceding date on which such sales were reported; (ii) if the Common Stock is not listed on any national securities exchange but is quoted in an inter-dealer quotation system on a last sale basis, the average... between the closing bid price and ask price reported on such date, or, if there is no such sale on that date, then on the last preceding date on which a sale was reported; or (iii) if the Common Stock is not listed on a national securities exchange or quoted in an inter-dealer quotation system on a last sale basis, the amount determined by the Committee in good faith to be the fair market value of the Common Stock; provided, however, as to any Awards granted on or with a Date of Grant of the date of the pricing of the Company's initial public offering, Fair Market Value shall be equal to the per share price at which the Common Stock is offered to the public in connection with such initial public offering View More
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Fair Market Value. The fair market value of 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 Stock 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 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
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Fair Market Value. The fair market value of Stock, 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 Stock a Share 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 Stock is 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 reported. View More
Fair Market Value. The fair market value of Stock, Awards Awards, or other property as determined by the Committee, Plan Administrator, or under procedures established by the Committee. Plan Administrator. Unless otherwise determined by the Committee, Plan Administrator, the Fair Market Value of Stock as of any given date date, after which the Stock is publicly traded on a stock exchange or market, 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 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
Fair Market Value. The fair market value of Stock, 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 Stock a Share 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 Stock is Shares are traded on the date immediately preceding the date as of which such value is... being determined (or as of such later measurement date as determined by the Committee on the date the Award is authorized by the Committee), or, if there is no sale on that date, then on the last previous day on which a sale was reported View More
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Fair Market Value. Means, as of any particular date: (a) the volume weighted average of the closing sales prices of the Common Stock for such day on all domestic securities exchanges on which the Common Stock may at the time be listed; (b) if there have been no sales of the Common Stock on any such exchange on any such day, the average of the highest bid and lowest asked prices for the Common Stock on all such exchanges at the end of such day; (c) if on any such day the Common Stock is not listed on a domestic... securities exchange, the closing sales price of the Common Stock as quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association for such day; or (d) if there have been no sales of the Common Stock on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association on such day, the average of the highest bid and lowest asked prices for the Common Stock quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association at the end of such day; in each case, averaged over twenty (20) consecutive Business Days ending on the Business Day immediately prior to the day as of which "Fair Market Value" is being determined; provided, that if the Common Stock is listed on any domestic securities exchange, the term "Business Day" as used in this sentence means Business Days on which such exchange is open for trading. If at any time the Common Stock is not listed on any domestic securities exchange or quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association, the "Fair Market Value" of the Common Stock shall be the fair market value per share as determined jointly by the Board and the Holder. View More
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Fair Market Value. Means, as of any particular date: (a) the volume weighted average of the closing sales prices of the Common Stock for such day on all domestic securities exchanges on which the Common Stock may at the time be listed; (b) if there have been no sales of the Common Stock on any such exchange on any such day, the average of the highest bid and lowest asked prices for the Common Stock on all such exchanges at the end of such day; (c) if on any such day the Common Stock is not listed on a domestic... securities exchange, the closing sales price of the Common Stock as quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association for such day; or (d) if there have been no sales of the Common Stock on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association on such day, the average of the highest bid and lowest asked prices for the Common Stock quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association at the end of such day; in each case, averaged over twenty (20) consecutive Business Days ending on the Business Day immediately prior to the day as of which "Fair Market Value" is being determined; provided, that if the Common Stock is listed on any domestic securities exchange, the term "Business Day" as used in this sentence means Business Days on which such exchange is open for trading. If at any time the Common Stock is not listed on any domestic securities exchange or quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association, the "Fair Market Value" of the Common Stock shall be the fair market value per share as determined jointly by the Board and the Holder; provided, that if the Board and the Holder are unable to agree on the fair market value per share of the Common Stock within a reasonable period of time (not to exceed 10 days from the Company's receipt of the Exercise Agreement), such fair market value shall be determined by a mutually agreeable investment banking, accounting or valuation firm. The determination of such firm shall be final and conclusive, and the fees and expenses of such valuation firm shall be borne equally by the Company and the Holder. View More
Fair Market Value. Means, as of any particular date: (a) the volume weighted average of the closing sales prices of the Common Stock for such day on all domestic securities exchanges on which the Common Stock may at the time be listed; (b) if there have been no sales of the Common Stock on any such exchange on any such day, the average of the highest bid and lowest asked prices for the Common Stock on all such exchanges at the end of such day; (c) if on any such day the Common Stock is not listed on a domestic... securities exchange, the closing sales price of the Common Stock as quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association for such day; or (d) if there have been no sales of the Common Stock on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association on such day, the average of the highest bid and lowest asked prices for the Common Stock quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association at the end of such day; in each case, averaged over twenty (20) consecutive Business Days ending on the Business Day immediately prior to the day as of which "Fair Fair Market Value" Value is being determined; provided, that if the Common Stock is listed on any domestic securities exchange, the term "Business Day" Business Day as used in this sentence means Business Days on which such exchange is open for trading. If at any time the Common Stock is not listed on any domestic securities exchange or quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association, the "Fair Fair Market Value" Value of the Common Stock shall be the fair market value per share as determined jointly by the Board and the Holder. Holder; provided, that if the Board and the Holder are unable to agree on the fair market value per share of the Common Stock within a reasonable period of time (not to exceed 30 days from the Company's receipt of the Exercise Agreement), such fair market value shall be determined by a nationally recognized investment banking, accounting or valuation firm jointly selected by the Board and the Holder/engaged by the Company). The determination of such firm shall be final and conclusive, and the fees and expenses of such valuation firm shall be borne by the Company. In determining the Fair Market Value of the Common Stock, an orderly sale transaction between a willing buyer and a willing seller shall be assumed, using valuation techniques then prevailing in the securities industry without regard to the lack of liquidity of the Common Stock due to any restrictions (contractual or otherwise) applicable thereto or any discount for minority interests and assuming full disclosure of all relevant information and a reasonable period of time for effectuating such sale and assuming the sale of all of the issued and outstanding Common Stock (including fractional interests) calculated on a fully diluted basis to include the conversion or exchange of all securities then outstanding that are convertible into or exchangeable for Common Stock and the exercise of all rights and warrants then outstanding and exercisable to purchase shares of Common Stock or securities convertible into or exchangeable for shares of Common Stock; provided, that such assumption shall not include those securities, rights and warrants (a) owned or held by or for the account of the Company or any of its subsidiaries, or (b) convertible or exchangeable into Common Stock where the conversion, exchange or exercise price per share is greater than the Fair Market Value. View More
Fair Market Value. Means, as As of any particular date: (a) the volume weighted average of the closing sales prices of the Common Stock for such day on all domestic securities exchanges on which the Common Stock may at the time be listed; (b) if there have been no sales of the Common Stock on any such exchange on any such day, the average of the highest bid and lowest asked prices for the Common Stock on all such exchanges at the end of such day; (c) if on any such day the Common Stock is not listed on a domestic... securities exchange, the closing sales price of the Common Stock as quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association for such day; or (d) if there have been no sales of the Common Stock on the OTC Bulletin Board, the Pink OTC Markets or similar such a quotation system or association on such day, the average of the highest bid and lowest asked prices for the Common Stock quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association at the end of for such day; in each case, averaged over twenty (20) ten (10) consecutive Business Days ending on the Business Day immediately prior to the day as of which "Fair Market Value" is being determined; provided, that if the Common Stock is listed on any domestic securities exchange, the term "Business Day" as used in this sentence means Business Days on which such exchange is open for trading. determined. If at any time the Common Stock is not listed on any domestic securities exchange or quoted on the OTC Bulletin Board, the Pink OTC Markets or similar quotation system or association, the "Fair Market Value" of the Common Stock shall be the fair market value per share as determined jointly by the Board and a majority of the holders that hold notes of the series of notes issued on the Original Issue Date of like tenor as this Note; provided, that if the Board and the Holder are unable to agree on the fair market value per share of the Common Stock within a reasonable period of time (not to exceed thirty (30) days from the Company's receipt of the Exercise Agreement), such fair market value shall be determined by a nationally recognized investment banking, accounting or valuation firm engaged by the Company. The determination of such firm shall be final and conclusive, and the fees and expenses of such valuation firm shall be borne equally by the Company and the Holder. View More
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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
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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
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
Fair Market Value. Of a share of Common Stock means, as of a particular date, (i) (i)(A) if the shares of Common Stock are listed on a national securities exchange, the closing average of 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) or, at the discretion of the Committee, the price prevailing on the exchange at the time of exercise or other relevant event (as determined under procedures established by the Committee), (B) if the shares of Common Stock are not so listed, listed but are quoted on by the Nasdaq National Stock Market, Inc., the closing average of the highest and lowest sales price per share of 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) reported or, at the discretion of the Committee, the price prevailing on the Nasdaq Stock Market, Inc. at the time of exercise or other relevant event, (C) if the shares of Common Stock is are not so listed or quoted, the average of 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 Market, Inc., or, if not reported by the Nasdaq Stock Market, Inc., by the National Quotation Bureau Incorporated Bureau, Incorporated, or (iv) (D) if the shares of Common Stock are 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 and as approved by the Committee. View More
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Fair Market Value. Per Share on a particular date: (i) the closing price on such date on the New York Stock Exchange, as reported in The Wall Street Journal, or if no sales of Stock occur on the date in question, on the last preceding date on which there was a sale on such market; (ii) if the Shares are not listed on the New York Stock Exchange, but are traded on another national securities exchange or in an over-the-counter market, the last sales price (or, if there is no last sales price reported, the average... of the closing bid and asked prices) for the Shares on the particular date, or on the last preceding date on which there was a sale of Shares on that exchange or market; or (iii) if the Shares are neither listed on a national securities exchange nor traded in an over-the-counter market, the price determined by the Administrator View More
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Fair Market Value. Per Share on a particular date: (i) date, the closing last sales price on such date on the New York national securities exchange on which the Stock Exchange, is then traded, as reported in The Wall Street Journal, or if no sales of Stock occur on the date in question, on the last preceding date on which there was a sale on such market; (ii) if exchange. If the Shares are not listed on the New York Stock Exchange, a national securities exchange, but are traded on another national securities... exchange or in an over-the-counter market, the last sales price (or, if there is no last sales price reported, the average of the closing bid and asked prices) for the Shares on the particular date, or on the last preceding date on which there was a sale of Shares on that exchange or market; or (iii) if market, will be used. If the Shares are neither listed on a national securities exchange nor traded in an over-the-counter market, the price determined by the Administrator Administrator, in its discretion, will be used. If an actual sale of a Share occurs on the market, then the Company may consider the sale price to be the Fair Market Value of such Share. View More
Fair Market Value. Per Share on a particular date: (i) the closing last sales price on such date on the New York Stock Exchange, Nasdaq Global Select Market, as reported in The Wall Street Journal, or if no sales of Stock Shares occur on the date in question, on the last preceding date on which there was a sale on such market; (ii) if the Shares are not listed on the New York Stock Exchange, Nasdaq Global Select Market, but are traded on another national securities exchange or in an over-the-counter market, the... last sales price (or, if there is no last sales price reported, the average of the closing bid and asked prices) for the Shares on the particular date, or on the last preceding date on which there was a sale of Shares on that exchange or market; or (iii) if the Shares are neither listed on a national securities exchange nor traded in an over-the-counter market, the price determined by the Administrator Board. View More
Fair Market Value. Per Means, per Share on a particular date: (i) the closing price on such date on the New York Stock Exchange, as reported in The Wall Street Journal, or NASDAQ Global Select Market or, if no sales of Stock occur on the date in question, on the last preceding date on which there was a sale on such market; (ii) if the Shares are not listed on the New York Stock Exchange, NASDAQ Global Select Market, but are traded on another national securities exchange or in on an over-the-counter market, the... last sales price (or, if there is no last sales price reported, the average of the closing last bid and asked prices) for the Shares on the particular date, or on the last preceding date on which there was a sale of Shares on that exchange or market; or (iii) if the Shares are neither listed on a national securities exchange nor traded in an over-the-counter 4 market, the price determined by the Administrator. The Administrator also shall establish the Fair Market Value of any other property. If an actual sale of a Share occurs on the market, then the Company may consider the sale price to be the Fair Market Value of such Share. View More
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Fair Market Value. As of any date, the value of Common Stock determined as follows: (i) the last reported sale price of the Common Stock of the Company on the Nasdaq National Market or, if no such reported sale takes place on any such day, the average of the closing bid and asked prices, or (ii) if such Common Stock shall then be listed on a national securities exchange, the last reported sale price or, if no such reported sale takes place on any such day, the average of the closing bid and asked prices on the... principal national securities exchange on which the Common Stock is listed or admitted to trading, or (iii) if such Common Stock shall not be quoted on such National Market nor listed or admitted to trading on a national securities exchange, then the average of the closing bid and asked prices, as reported by The Wall Street Journal for the over-the-counter market, or (iv) if none of the foregoing is applicable, then the Fair Market Value of a share of Common Stock shall be determined in good faith by the Committee in its discretion View More
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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: (i) (a) if such Common Stock is then quoted on the Nasdaq National Market, its last reported sale price of the Common Stock of the Company on the Nasdaq National Market or, if no such reported sale takes place on any such day, date, the average of the closing bid and asked prices, or (ii) prices; (b) if such Common Stock shall is publicly traded and is then be listed on a national securities exchange, the... last reported sale price or, if no such reported sale takes place on any such day, date, the average of the closing bid and asked prices on the principal national securities exchange on which the Common Stock is listed or admitted to trading, or (iii) trading; (c) if such Common Stock shall is publicly traded but is not be quoted on such the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, then the average of the closing bid and asked prices, prices on such date, as reported by The Wall Street Journal Journal, for the over-the-counter market, market; or (iv) (d) if none of the foregoing is applicable, then by the Fair Market Value of a share of Common Stock shall be determined Board in good faith by the Committee in its discretion faith. View More
Fair Market Value. As of any date, the value of Common Stock determined as follows: follows, unless otherwise determined by the Committee: (i) the last reported sale price of the Common Stock of the Company on the Nasdaq National Market NYSE or, if no such reported sale takes place on any such day, the average of the closing bid and asked prices, or (ii) if such Common Stock shall then be listed on a another national securities exchange, the last reported sale price or, if no such reported sale takes place on any... such day, the average of the closing bid and asked prices on the principal national securities exchange on which the Common Stock is listed or admitted to trading, or 1 (iii) if such Common Stock shall not be quoted on such National Market NYSE nor listed or admitted to trading on a another national securities exchange, then the average of the closing bid and asked prices, as reported by The Wall Street Journal for the over-the-counter market, or (iv) if none of the foregoing is applicable, then the Fair Market Value of a share of Common Stock shall be determined in good faith by the Committee in its discretion View More
Fair Market Value. As of any date, the value of a share of the Company's Common Stock determined as follows: (i) if such Common Stock is then quoted on the NASDAQ Global Market, its closing price on the NASDAQ Global Market on such date or if such date is not a trading date, the closing price on the NASDAQ Global Market on the last reported sale price of the Common Stock of the Company on the Nasdaq National Market or, if no trading date that precedes such reported sale takes place on any such day, the average of... the closing bid and asked prices, or date; (ii) if such Common Stock shall is publicly traded and is then be listed on a national securities exchange, the last reported sale price on such date or, if no such reported sale takes place on any such day, date, the average of the closing bid and asked prices on the principal national securities exchange on which the Common Stock is listed or admitted to trading, or trading; (iii) if such Common Stock shall is publicly traded but is not be quoted on such National the NASDAQ Global Market nor listed or admitted to trading on a national securities exchange, then the average of the closing bid and asked prices, prices on such date, as reported by The Wall Street Journal Journal, for the over-the-counter market, market; or (iv) if none of the foregoing is applicable, then by the Fair Market Value Board of a share of Common Stock shall be determined Directors in good faith by the Committee in its discretion faith. View More
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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
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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
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
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
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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
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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
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
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
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