Fair Market Value Definition Example with 13 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. 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

Variations

Fair Market Value. Of of a share of Common Stock Share means, as of a particular date, (i) (1) if shares of Common Stock Shares are then listed on a national securities exchange, the closing sales price per share of Common Stock Share on the consolidated transaction reporting system for the principal national securities exchange on which shares of Common Stock Shares are listed on that date date, or, if there shall have been no such sale so reported on that date, on the last preceding date on which such a sale... was so reported, (ii) (2) if shares of Common Stock the Shares are not so listed, but are quoted on the Nasdaq National Market, average of the closing bid and asked price per share of Common Stock reported by the Nasdaq National Market on that date date, or, if there shall have been are no quotations available for such sale so reported on that date, on the last preceding date on which such a sale was so reported, (iii) if the Common Stock is not so listed or quoted, the closing bid price on that date or, if there are no quotations available for that date, on the last preceding date for which those quotations are shall be available, as reported by the Nasdaq Stock Market or, an inter-dealer quotation system, (3) if not reported by the Nasdaq Stock Market, by the National Quotation Bureau Incorporated or (iv) if shares of Common Stock Shares are not publicly traded, the most recent value determined by an independent appraiser appointed by the Company Committee for that purpose. such purpose, or (4) if none of the above are applicable, the fair market value of a Share as determined in good faith by the Committee View More
Fair Market Value. Of a share of Common Stock 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 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 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
Fair Market Value. Of the fair market value of a share of Common Stock means, as most recently fixed and determined (prior to the date of a particular date, the event giving rise to the use and application of such term) as follows: (i) if shares of Common Stock are listed on a national securities exchange, the closing 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 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, listed but are quoted on the Nasdaq National Market, the closing 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 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 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, 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. Incorporated. View More
Fair Market Value. Of means the fair market value of a share of Common Stock means, as most recently fixed and determined (prior to the date of a particular date, the event giving rise to the use and application of such term) as follows: (i) if shares of Common Stock are listed on a national securities exchange, the closing 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 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, listed but are quoted on the Nasdaq National Market, the closing mean between the highest and lowest sales 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 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, 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. Incorporated. View More
Fair Market Value. Of of a share of Common Stock means, as of a particular date, (i) (a) if shares of Common Stock are listed on a national securities exchange, the closing average of the highest and lowest 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 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 shares of Common Stock are not so listed, listed but are quoted on by The Nasdaq Stock Market, Inc., the Nasdaq National Market, average of the closing 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) or, at the discretion of the Committee, the price prevailing as quoted by The Nasdaq Stock Market, Inc. at the time of exercise, (c) if the Common Stock is 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 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 not publicly traded, the most recent value determined by an independent appraiser appointed by the Company for that purpose. such purpose View More
Fair Market Value. Of 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 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 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 so... reported, (ii) (B) if shares of Common Stock are is not so listed, listed but are is quoted on the Nasdaq NASDAQ National Market, the closing mean between the highest and lowest sales price per share of Common Stock reported by the Nasdaq 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 next succeeding date on which such a sale was so reported, (iii) or, at the discretion of the Committee, the price prevailing on the NASDAQ National Market at the time of exercise, (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 next succeeding date for on which those such quotations are shall be available, as reported by the Nasdaq NASDAQ Stock Market Market, or, if not reported by the Nasdaq NASDAQ Stock Market, 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 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) (a) if the shares of Common Stock are listed on a national securities exchange, the closing sales price per share of Common Stock on the consolidated transaction reporting system for the principal securities exchange for the 1 Other than passive ownership of less than 5% of the outstanding shares of stock of a corporation, so long as such shares are traded on a national securities exchange or quoted on which shares of an interdealer... quotation system. 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 NASDAQ National Market, Market System, the closing sales price per share of Common Stock reported by on the Nasdaq 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 Corporation's Board of Directors (the Optionee not participating), in good faith, to be the fair market value per share of Common Stock are not publicly traded, using a generally accepted methodology for valuing the most recent value determined by an independent appraiser appointed by the Company for that purpose. non-publicly traded restricted stock of a private corporation. View More
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