Fair Market Value Definition Example with 17 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. Means, with respect to the Common Stock, as of any date (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) the mean between the reported high and low sale prices of the Common Stock during the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges or reported on any foreign or national securities exchange or on the Nasdaq National Market or an equivalent foreign market on which... sale prices are reported; (b) if the Common Stock is not so listed, admitted to unlisted trading privileges or reported, the closing bid price as reported by the Nasdaq SmallCap Market, OTC Bulletin Board or the National Quotation Bureau, Inc. or other comparable service; or (c) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in the exercise of its reasonable discretion. View More Arrow

Variations

Fair Market Value. Means, with respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock at the end of the regular trading session, as reported by The NASDAQ Stock Market, The New York Stock Exchange, The American Stock Exchange or any national exchange on which the Common Stock is then listed or quoted (or, if no shares were traded on such date, as of the next preceding date on which there was such a trade); or (ii) if the Common Stock is not so listed, admitted to unlisted... trading privileges, or reported on any national exchange or, the closing sale price as of such date at the end of the regular trading session, as reported by OTC Bulletin Board or the Pink Sheets LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) the mean between the reported high and low sale prices of the Common Stock during the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges quote); or reported on any foreign or national securities exchange or on the Nasdaq National Market or an equivalent foreign market on which sale prices are reported; (b) if the Common Stock is not so listed, admitted to unlisted trading privileges or reported, the closing bid price as reported by the Nasdaq SmallCap Market, OTC Bulletin Board or the National Quotation Bureau, Inc. or other comparable service; or (c) (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in faith, and consistent with the exercise definition of its reasonable discretion. "fair market value" under Section 409A of the Code View More Arrow
Fair Market Value. Means, with respect to the Common Stock, as of any date (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) date: (i) the mean between the reported high and low sale prices of the Common Stock during at the end of the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges privileges, or reported on any foreign or national securities exchange or on the Nasdaq National NASDAQ... Global Select or Global Market or an equivalent foreign market on such date (or, if no shares were traded on such day, as of the next preceding day on which sale prices are reported; (b) there was such a trade); or (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges privileges, or reported, reported on any national exchange or on the NASDAQ Global Select or Global Market, the closing bid price as of such date at the end of the regular trading session, as reported by the Nasdaq SmallCap Capital Market, OTC Bulletin Board or the National Quotation Bureau, Inc. Board, The OTC Market, or other comparable service; or (c) (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in the exercise of its reasonable discretion. discretion View More Arrow
Fair Market Value. Means, means, with respect to the Common Stock, as of any date (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) date: (i) the mean between the reported high and low sale prices of the Common Stock during at the end of the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges privileges, or reported on any foreign or national securities exchange exchange, or on The Nasdaq... Stock Market, The Nasdaq Capital Market, the Nasdaq National Market or an equivalent foreign market on which sale prices are reported; (b) if OTC Markets Group, Inc., the Common Stock is not so listed, admitted to unlisted trading privileges or reported, the closing bid price as reported by the Nasdaq SmallCap Market, OTC Bulletin Board or the National Quotation Bureau, Inc. Board, Pink Sheets LLC, or other comparable service; service on such date (or, if no shares were traded on such day, as of the next preceding day on which there was such a trade); or (c) (ii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in the exercise of its reasonable discretion. View More Arrow
Fair Market Value. Means, means, with respect to the Common Stock, as of any date: (i) the closing sale price of the Common Stock as reported on the Nasdaq Global Market System or on any national exchange (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 on the Nasdaq Global 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 Pink Sheets, LLC, or other comparable service (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) the mean between the reported high and low sale prices of the Common Stock during the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges quote); or reported on any foreign or national securities exchange or on the Nasdaq National Market or an equivalent foreign market on which sale prices are reported; (b) if the Common Stock is not so listed, admitted to unlisted trading privileges or reported, the closing bid price as reported by the Nasdaq SmallCap Market, OTC Bulletin Board or the National Quotation Bureau, Inc. or other comparable service; or (c) (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in by the exercise reasonable application of its a reasonable discretion. valuation method, taking into account all available information material to the value of the Common Stock, and consistent with the definition of "fair market value" under Section 409A of the Code. View More Arrow
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 during the regular daily trading session, as reported on the Nasdaq National Market System or on any national exchange (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) the mean between the reported high and low sale prices of the Common Stock during the regular trading session if the Common Stock... is listed, admitted to unlisted trading privileges quote); or reported on any foreign or national securities exchange or on the Nasdaq National Market or an equivalent foreign market on which sale prices are reported; (b) (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges privileges, or reported, reported on any national exchange or on the closing bid price Nasdaq National Market System, the mean between the reported high and low sale prices as of such date during the regular daily trading session, as reported by the Nasdaq SmallCap Market, OTC Bulletin Board, the Bulletin Board Exchange (BBX) or the National Quotation Bureau, Inc. Bureaus, Inc., or other comparable service; service (or, if no shares were traded or (c) 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 in the exercise of its reasonable discretion. View More Arrow
Fair Market Value. Means, means, with respect to the Common Stock, as of any date: (i) the mean between the reported high and low sale prices of the Common Stock as of such date during the regular daily trading session, as reported on the Nasdaq National Market System or on any national exchange (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) the mean between the reported high and low sale prices of the Common Stock during the... regular trading session if the Common Stock is listed, admitted to unlisted trading privileges quote); or reported on any foreign or national securities exchange or on the Nasdaq National Market or an equivalent foreign market on which sale prices are reported; (b) (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges privileges, or reported, reported on any national exchange or on the closing bid price Nasdaq National Market System, the mean between the reported high and low sale prices as of such date during the regular daily trading session, as reported by the Nasdaq SmallCap Market, OTC Bulletin Board, the Bulletin Board Exchange (BBX) or the National Quotation Bureau, Inc. Bureaus, Inc., or other comparable service; service (or, if no shares were traded or (c) 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 in the exercise of its reasonable discretion. View More Arrow
Fair Market Value. Means, with respect to the Common Stock, as of any date (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) (i) the mean between the reported high and low closing sale prices price of the Common Stock during the regular trading session if the Common Stock is listed, admitted to unlisted trading privileges or reported on any foreign or national securities exchange or on the Nasdaq National Market or an equivalent... foreign market on which sale prices are reported; (b) (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges or reported, the closing bid price as reported by the Nasdaq SmallCap Market, OTC Bulletin Board or the National Quotation Bureau, Inc. or other comparable service; or (c) (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in the exercise of its reasonable discretion. discretion, but in a manner acceptable under Section 423 of the Code. View More Arrow
Fair Market Value. Means, means, with respect to the Common Stock, as of any date (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) date: (i) the mean between the reported high and low sale prices of the Common Stock during at the end of the regular trading session session, if the Common Stock is listed, admitted to unlisted trading privileges privileges, or reported on any foreign or national securities exchange or on the Nasdaq... National Market or an equivalent foreign market on such date (or, if no shares were traded on such day, as of the next preceding day on which sale prices are reported; (b) there was such a trade); or (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges privileges, or reported, reported on any national exchange or on the Nasdaq National Market, the closing bid 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 Bureau, Inc. Bureaus, Inc., or other comparable service; or (c) (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in the exercise of its reasonable discretion. View More Arrow
Fair Market Value. Means, with respect to the Common Stock, as of any date (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) date: (i) the mean between the reported high and low sale prices of the Common Stock during at the end of the regular trading session session, if the Common Stock is listed, admitted to unlisted trading privileges privileges, or reported on any foreign or national securities exchange or on the Nasdaq National... Market or an equivalent foreign market on such date (or, if no shares were traded on such day, as of the next preceding day on which sale prices are reported; (b) there was such a trade); or (ii) if the Common Stock is not so listed, admitted to unlisted trading privileges privileges, or reported, reported on any national exchange or on the Nasdaq National Market, the closing bid 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 Bureau, Inc. Bureaus, Inc., or other comparable service; or (c) (iii) if the Common Stock is not so listed or reported, such price as the Committee determines in good faith in the exercise of its reasonable discretion. View More Arrow
Fair Market Value. Means, means, with respect to the Common Stock, as of any date (or, if no shares were traded or quoted on such date, as of the next preceding date on which there was such a trade or quote) (a) the mean between the reported high and low sale prices of the Common Stock during at the end of the regular trading session session, which as of the effective date of this Plan is 4:00 p.m., New York City time, if the Common Stock is listed, admitted to unlisted trading privileges or reported on any... foreign or national securities exchange or on the Nasdaq National Market or an equivalent foreign market on which sale prices are reported; (b) if the Common Stock is not so listed, admitted to unlisted trading privileges or reported, the closing bid price at the end of the regular trading session, which as of the effective date of this Plan is 4:00 p.m., New York City time, as reported by the Nasdaq SmallCap Market, OTC Bulletin Board or the Board, National Quotation Bureau, Inc. or other comparable service; or (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. View More Arrow
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