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. As of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Common Stock... is listed or admitted to trading as reported in The Wall Street Journal; (c) if such Common Stock is publicly traded but is not quoted on the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or other source as the Board may determine); or (d) if none of the foregoing is applicable, by the Committee in good faith View More

Variations

Fair Market Value. As as of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Common... Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) if such Common Stock is publicly traded but is not quoted on the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by in The Wall Street Journal (or, if not so reported, as otherwise reported Journal; (d) in the case of an Award made on the Effective Date, the price per share at which shares of the Company's Common Stock are initially offered for sale to the public by any newspaper the Company's underwriters in the initial public offering of the Company's Common Stock pursuant to a registration statement filed with the SEC under the Securities Act; or other source as the Board may determine); or (d) (e) if none of the foregoing is applicable, by the Committee in good faith View More
Fair Market Value. As as of any date, the value of a share of the Company's Class A Common Stock determined as follows: 13. (a) if such Class A Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on... which the Class A Common Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) (b) if such Class A Common Stock is publicly traded but is not quoted on the Nasdaq National Market quoted, nor listed or admitted to trading trading, on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or other source as the Board Committee may determine); or (d) (c) if none of the foregoing is applicable, by the Committee in good faith View More
Fair Market Value. As as of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Common... Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) 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 by in The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or such other source as the Board may determine); Committee deems reliable; (c) in the case of an Option or SAR grant made on the Effective Date, the price per share at which shares of the Company's Common Stock are initially offered for sale to the public by the Company's underwriters in the initial public offering of the Company's Common Stock pursuant to a registration statement filed with the SEC under the Securities Act; or (d) if none of the foregoing is applicable, by the Board or the Committee in good faith View More
Fair Market Value. As shall mean, as of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) (1) if such Common Stock is then quoted on the Nasdaq National Global Select Market, the Nasdaq Global Market or the Nasdaq Capital Market (collectively, the "Nasdaq Market"), its closing price on the Nasdaq National Market on the date of determination determination, or if there are no sales for such date, then the last preceding business day on which there were sales, as reported in... The Wall Street Journal; (b) Journal or such other source as the Board or the Committee deems reliable; or (2) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Common Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) Journal or such other source as the Board or the Committee deems reliable; or (3) if such Common Stock is publicly traded but is not neither quoted on the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by in The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or such other source as the Board may determine); or (d) the Committee deems reliable; or (4) with respect to the initial Offering Period, Fair Market Value on the Offering Date shall be the price at which shares of Common Stock are offered to the public pursuant to the Registration Statement covering the initial public offering of shares of Common Stock; or (5) if none of the foregoing is applicable, by the Board or the Committee in good faith faith. View More
Fair Market Value. As as of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if (a)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 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 by in The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or such other source as the Board may determine); Committee deems reliable; or (d) if (c)if none of the foregoing is applicable, by the Board or the Committee in good faith faith. View More
Fair Market Value. As as of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Common... Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) 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 by in The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or such other source as the Board may determine); Committee deems reliable; or (d) (c) if none of the foregoing is applicable, by the Board or the Committee in good faith faith. View More
Fair Market Value. As as of any date, the value of a share of the Company's Common Stock Shares determined as follows: 13. (a) if such Common Stock is Shares are then quoted on the Nasdaq National Market, its the closing price of such Shares on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is Shares are publicly traded and is are then listed on a national securities exchange, its the closing price of such Shares on the date of... determination on the principal national securities exchange on which the Common Stock is Shares are listed or admitted to trading as reported in The Wall Street Journal; (c) if such Common Stock is Shares are publicly traded but is are not quoted on the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by in The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or other source as the Board may determine); Journal; or (d) if none of the foregoing is applicable, by the Committee in good faith View More
Fair Market Value. As as of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) if such Common Stock is then quoted on (i) If 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 Journal or such other source as the Committee deems reliable (subject to compliance with Applicable Law, including Section 409A of the Code); (ii) If the 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 by in The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or such other source as the Board may determine); Committee deems reliable; or (d) if (iii) If none of the foregoing is applicable, by the Board or the Committee in good faith (and in accordance with Section 409A of the Code, as applicable), which such decision shall be final, conclusive and binding. View More
Fair Market Value. As as of any date, the value of a share of the Company's Common Stock Share, determined as follows: 13. (a) if such Common Stock is then quoted on the Nasdaq National Market, its closing price on the Nasdaq National Market on the date of determination as reported in The Wall Street Journal; (b) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the... Common Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) 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 by in The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or such other source as the Board may determine); Committee deems reliable; or (d) (c) if none of the foregoing is applicable, by the Board or the Committee in good faith faith. View More
Fair Market Value. As as of any date, the value of a share of the Company's Common Stock determined as follows: 13. (a) (1) if such Common Stock is then quoted on the Nasdaq National Global Select Market, the Nasdaq Global Market or the Nasdaq Capital Market (collectively, the "Nasdaq Market"), its closing price on the Nasdaq National Market on the date of determination determination, or if there are no sales for such date, then the last preceding business day on which there were sales, as reported in The Wall... Street Journal; (b) Journal or such other source as the Board or the Committee deems reliable; or (2) if such Common Stock is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Common Stock is listed or admitted to trading as reported in The Wall Street Journal; (c) Journal or such other source as the Board or the Committee deems reliable; or (3) if such Common Stock is publicly traded but is not neither quoted on the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by in The Wall Street Journal (or, if not so reported, as otherwise reported by any newspaper or such other source as the Board may determine); or (d) the Committee deems reliable; or (4) with respect to the initial Offering Period, Fair Market Value on the Offering Date shall be the price at which shares of Common Stock are offered to the public pursuant to the Registration Statement covering the initial public offering of shares of Common Stock; and (5) if none of the foregoing is applicable, by the Board or the Committee in good faith faith. View More
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