Fair Market Value Definition Example with 12 Variations
This page contains an example definition of Fair Market Value, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
Fair Market Value. With respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock at the end of the regular trading session, as reported by The NASDAQ Stock Market, The New York Stock Exchange, The American Stock Exchange or any national exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) if the Common Stock is not so listed, admitted to unlisted trading... privileges, or reported on any national exchange or, the closing sale price as of such date at the end of the regular trading session, as reported by OTC Bulletin Board or the Pink Sheets LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, and consistent with the definition of "fair market value" under Section 409A of the CodeView More
Fair Market Value. With with respect to the Common Stock, as of any date: (i) date the closing sale price of the a share of Common Stock as reported on the Nasdaq Stock Market, New York Stock Exchange, or other established stock exchange (or exchanges) at the end of the regular trading session, as reported by The NASDAQ Stock Market, The New York Stock Exchange, The American Stock Exchange or any national exchange session on which the Common Stock is then listed or quoted applicable date, (or, if no shares were... traded on such date, as of the next preceding date on which there was such a trade); trade) or (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges, privileges or reported on any national exchange or, exchange, the closing sale price as of such date at the end of the regular trading session, session on such date, as reported by the OTC Bulletin Board or the Pink Sheets LLC, Board, OTC Markets or other comparable quotation service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if quote). In the event the Common Stock is not so listed or reported, such price as publicly traded at the time a determination of its value is required to be made hereunder, the determination of Fair Market Value shall be made by the Committee determines in such manner as it deems appropriate and in good faith, faith in the exercise of its reasonable discretion, and consistent with the definition of "fair market value" under Section 409A of the Code Code. If determined by the Committee, such determination will be final, conclusive and binding for all purposes and on all persons, including the Company, the stockholders of the Company, the Participants and their respective successors-in-interest. No member of the Committee will be liable for any determination regarding the fair market value of the Common Stock that is made in good faith. View More
Fair Market Value. With with respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock as of such date at the end of the regular trading session, as reported by The NASDAQ the Nasdaq Stock Market, The the New York Stock Exchange, The the American Stock Exchange or any national securities exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) if the Common Stock... is not so listed, admitted to unlisted trading privileges, or reported on any national exchange or, securities exchange, the closing sale price as of such date at the end of the regular trading session, as reported by the OTC Bulletin Board or the Pink Sheets Sheets, LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, and consistent with the definition of "fair market value" its sole discretion in a manner acceptable under Section 409A 423 of the Code View More
Fair Market Value. With with respect to the Common Stock, as of any date: (i) (a) the closing sale price of the Common Stock as of such date at the end of the regular trading session, as reported by The NASDAQ Stock Market, The New York Stock Exchange, The American Stock Exchange NYSE MKT LLC or any national securities exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) (b) if the Common... Stock is not so listed, admitted to unlisted trading privileges, or reported on any national exchange or, securities exchange, the closing sale price as of such date at the end of the regular trading session, as reported by OTC Bulletin Board or the Pink Sheets LLC, OTC Markets Group Inc. or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) (c) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, in the exercise of its reasonable discretion, and consistent with the definition of "fair market value" under Section 409A of the Code and in conformity with generally accepted accounting principles in the United States. If determined by the Committee, such determination will be final, conclusive and binding for all purposes and on all persons, including the Company, the stockholders of the Company, the Participants and their respective heirs and other successors-in-interest. No member of the Committee will be liable for any determination regarding the fair market value of the Common Stock that is made in good faith. View More
Fair Market Value. With with respect to the Common Stock, as of any date: (i) (a) the closing sale price of the Common Stock as of such date at the end of the regular trading session, session on an established securities market, such as reported by The the NASDAQ Stock Capital Market, The the NASDAQ Global Market, the NASDAQ Global Select Market, the New York Stock Exchange, The American Stock Exchange the NYSE MKT or any national securities exchange on which the Common Stock is then listed or quoted (or, if no... shares were traded on such date, as of the next preceding date on which there was such a trade); trade) as reported in the Wall Street Journal or (ii) such other source as the Committee deems reliable; (b) if the Common Stock is not so listed, admitted to unlisted trading privileges, privileges or reported on any national exchange or, exchange, the closing sale price as of such date at the end of the regular trading session, as reported by the OTC Bulletin Board or the Pink Sheets LLC, OTC Markets, or other comparable quotation service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) (c) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, faith in the exercise of its reasonable discretion, and consistent with the definition of "fair market value" under Section 409A of the Code Code. If determined by the Committee, such determination will be final, conclusive and binding for all purposes and on all persons, including the Company, the stockholders of the Company, the Participants and their respective successors-in-interest. No member of the Committee will be liable for any determination regarding the fair market value of the Common Stock that is made in good faith. View More
Fair Market Value. With with respect to the Common Stock, as of any date: (i) date a price that is based on the opening, closing, actual, high, low, or average selling prices of a share of Common Stock as reported on the NYSE American or other established stock exchange (or exchanges) or if the Common Stock is not so listed, admitted to unlisted trading privileges or reported on any national exchange, then as reported by the OTC Bulletin Board, OTC Markets or other comparable quotation service, on the applicable... date, the preceding trading day, the next succeeding trading day, or an average of trading days that is within thirty (30) days before or after the applicable valuation date, as determined by the Committee in its discretion, provided that with respect to establishing the exercise price of an Option or Stock Appreciation Right, the Committee shall irrevocably commit to grant such Award prior to the period during which the Fair Market Value is determined. Unless the Committee determines otherwise, Fair Market Value shall be deemed to be equal to the closing sale price of the Common Stock as of the immediately preceding trading date at the end of the regular trading session, as reported by The NASDAQ Stock Market, The New York Stock Exchange, The the NYSE American Stock Exchange or any national securities exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); trade) or (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges, privileges or reported on any national exchange or, exchange, the closing sale price as of such the immediately preceding trading date at the end of the regular trading session, as reported by the OTC Bulletin Board or the Pink Sheets LLC, Board, OTC Markets or other comparable quotation service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if quote). In the event the Common Stock is not so listed or reported, such price as publicly traded at the time a determination of its value is required to be made hereunder, the determination of Fair Market Value shall be made by the Committee determines in such manner as it deems appropriate and in good faith, faith in the exercise of its reasonable discretion, and consistent with the definition of "fair market value" under Section 409A of the Code Code. If determined by the Committee, such determination will be final, conclusive and binding for all purposes and on all persons, including the Company, the stockholders of the Company, the Participants and their respective successors-in-interest. No member of the Committee will be liable for any determination regarding the fair market value of the Common Stock that is made in good faith. View More
Fair Market Value. With Fair Market Value means with respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock as of such date at the end of the regular trading session, as reported by The NASDAQ the Nasdaq Stock Market, The the New York Stock Exchange, The the American Stock Exchange Exchange, or any national securities exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a ... class="diff-color-red">trade); or trade), (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges, or reported on any national exchange or, exchange, the closing sale price as of such date at the end of the regular trading session, as reported by the OTC Bulletin Board or the Pink Sheets LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, faith in the exercise of its reasonable discretion, and consistent with the definition of "fair market value" under Section 409A of the Code Code. If determined by the Committee, such determination shall be final, conclusive, and binding for all purposes and on all persons, including the Company, the shareholders of the Company, the Participants, and their respective successors-in-interest. No member of the Committee shall be liable for any determination regarding the Fair Market Value of the Stock that is made in good faith. View More
Fair Market Value. With shall mean, with respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock as of such date at the end of the regular trading session, as reported by The NASDAQ the Nasdaq Stock Market, The the New York Stock Exchange, The the American Stock Exchange or any national securities exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) if the ... class="diff-color-red">Common Stock is not so listed, admitted to unlisted trading privileges, or reported on any national exchange or, securities exchange, the closing sale price as of such date at the end of the regular trading session, as reported by the OTC Bulletin Board or the Pink Sheets Sheets, LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, and consistent with the definition of "fair market value" its sole discretion in a manner acceptable under Section 409A 423 of the Code Code. View More
Fair Market Value. With shall mean, with respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock as of such date at the end of the regular trading session, as reported by The NASDAQ the Nasdaq Stock Market, The the New York Stock Exchange, The the American Stock Exchange or any national securities exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) if the ... class="diff-color-red">Common Stock is not so listed, admitted to unlisted trading privileges, or reported on any national exchange or, securities exchange, the closing sale price as of such date at the end of the regular trading session, as reported by the OTC Bulletin Board or the Pink Sheets Sheets, LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, and consistent with the definition of "fair market value" its sole discretion in a manner acceptable under Section 409A 423 of the Code View More
Fair Market Value. 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); quote) the closing sale price of the Common Stock as reported on the Nasdaq National Market System or on any national exchange; or (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges, or reported on any national exchange or on the Nasdaq National Market System, the closing sale price as of such date at the end of the regular trading session, as reported by the Nasdaq SmallCap Market, OTC Bulletin Board, the Bulletin Board Exchange (BBX) or the National Quotation Bureaus, Inc., or other comparable service; or (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, and consistent with faith in the definition exercise of "fair market value" under Section 409A of the Code its reasonable discretion View More
Fair Market Value. With with respect to the Common Stock, as of any date: (i) (a) the closing mean between the reported high and low sale price prices of the Common Stock at the end as of such date during the regular daily trading session, as reported by The on the NASDAQ Stock Global Select or Global Market, The the New York Stock Exchange, The the American Stock Exchange Exchange, or any other national securities exchange or market on which the Common Stock is then listed or quoted (or, if no shares were traded... or quoted on such date, as of the next preceding date on which there was such a trade); trade or (ii) quote); or (b) if the Common Stock is not so listed, admitted to unlisted trading privileges, or reported on the NASDAQ Global Select or Global Market, the New York Stock Exchange, the American Stock Exchange or any other national securities exchange or, or market, the closing mean between the reported high and low sale price prices as of such date at the end of during the regular daily trading session, as reported by the NASDAQ Capital Market, OTC Bulletin Board or the Pink Sheets LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote); or (iii) (c) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith, and consistent with the definition of "fair market value" under Section 409A of the Code Code. View More
