Fair Market Value. As of a particular date shall mean the fair market value of a Share as determined by the Administrator in its sole discretion; provided that (i) if the Shares are admitted to trading on a national securities exchange, Fair Market Value of a Share on any date shall be the closing sale price reported for such Share on such exchange on such date or, if no sale was reported on such date, then the last day on which a sale was reported, (ii) if the Shares are admitted to quotation on the National
... Association of Securities Dealers Automated Quotation ("Nasdaq") System or other comparable quotation system and has been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing sale price reported for such Share on such system on such date or, if no sale was reported on such date, the last date preceding such date on which a sale was reported, or (iii) if the Shares are admitted to quotation on the Nasdaq System but has not been designated as an NMS security, Fair Market Value of a Share on any date shall be the sale price for such Share on the last sale reported for such date.
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Fair Market Value.
As as of
a particular date shall mean any given date, the fair market value of a
Share share of Common Stock as determined by the
Administrator Committee using any reasonable method and in
its sole discretion; good faith (such determination will be made in a manner that satisfies Section 409A of the Code and in good-faith as required by Section 422(c)(1) of the Code); provided that
(i) (A) if the
Shares are Common Stock is admitted to trading on a national securities exchange,
Fair Market Value...Share share of Common Stock on any date shall be the closing sale price reported for such Share share on such the exchange on such date or, if no sale was reported on such date, then the last day on which a sale was reported, (ii) reported; (B) if the Shares are Common Stock is admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable a successor quotation system and has been designated as a National Market System ("NMS") security, Fair Market Value fair market value of a Share share Common Stock on any date shall be the closing sale price reported for such Share share on such the system on such date or, if no sale was reported on such date, the last date preceding such date on which a sale was reported, or (iii) reported; and (C) if the Shares are Common Stock is admitted to quotation on the Nasdaq System NASDAQ but has not been designated as an NMS security, Fair Market Value fair market value of a Share share of Common Stock on any such date shall be the sale price average of the highest bid and lowest asked prices for such Share share of Common Stock on the last sale system on such date on which both the bid and asked prices were reported for such date.
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Fair Market Value.
As of a particular date shall mean the The fair market value of
a Share the Shares as determined by the
Administrator Committee in its sole discretion;
provided provided, however, that
(i) if the Shares are admitted to trading on a national securities exchange, Fair Market Value of a Share on any date shall be the closing sale price reported for such Share on such exchange on such date or, if no sale was reported on such date, then the last day on which a sale was reported, (ii) (A) if the
... Shares are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable quotation system and has have been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Shares on such system on such date or, if no or on the last day preceding such date on which a sale was reported reported, (B) if the Shares are admitted to quotation on NASDAQ and have not been designated a NMS security, Fair Market Value on any date shall be the average of the highest bid and lowest asked prices of the Shares on such system on such date, or (C) if the Shares are admitted to trading on a national securities exchange, Fair Market Value on any date shall be the last sale price reported for the Shares on such exchange on such date or on the last date preceding such date on which a sale was reported, or (iii) if the Shares are admitted to quotation on the Nasdaq System but has not been designated as an NMS security, Fair Market Value of a Share on any date shall be the sale price for such Share on the last sale reported for such date. reported.
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Fair Market Value.
As of a particular date shall mean the fair market value of
a Share the Shares as determined by the
Administrator Committee in its sole discretion;
provided provided, however, that
(i) (A) if the Shares are admitted to quotation on the New York Stock Exchange ("NYSE") or other comparable quotation system and have been designated as a National Market System ("NMS") security, Fair Market Value on any date shall be the last sale price reported for the Shares on such system for the preceding... trading day, or on the last day preceding such date on which a sale was reported, (B) if the Shares are admitted to quotation on NYSE and have not been designated a NMS security, Fair Market Value on any date shall be the average of the highest bid and lowest asked prices of the Shares on such system on such date, or (C) if the Shares are admitted to trading on a national securities exchange, Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Shares on such exchange on such date or, if no sale was reported or on such date, then the last day on which a sale was reported, (ii) if the Shares are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System or other comparable quotation system and has been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing sale price reported for such Share on such system on such date or, if no sale was reported on such date, the last date preceding such date on which a sale was reported, or (iii) if the Shares are admitted to quotation on the Nasdaq System but has not been designated as an NMS security, reported. In all instances, Fair Market Value of a Share on any date shall be determined in accord with Section 409A of the sale price for such Share on the last sale reported for such date. Code.
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Fair Market Value.
As of a particular date shall mean the fair market value of
a Share the Shares as determined by the
Administrator Committee in its sole discretion;
provided provided, however, that
(i) if the Shares are admitted to trading on a national securities exchange, Fair Market Value of a Share on any date shall be the closing sale price reported for such Share on such exchange on such date or, if no sale was reported on such date, then the last day on which a sale was reported, (ii) (A) if the Shares
... are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable quotation system and has have been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing last sale price reported for the Shares on such Share system for the preceding trading day, or on the last day preceding such date on which a sale was reported, (B) if the Shares are admitted to quotation on NASDAQ and have not been designated a NMS security, Fair Market Value on any date shall be the average of the highest bid and lowest asked prices of the Shares on such system on such date, or (C) if the Shares are admitted to trading on a national securities exchange, Fair Market Value on any date or, if no shall be the last sale was price reported for the Shares on such date, exchange on such date or on the last date preceding such date on which a sale was reported, or (iii) if the Shares are admitted to quotation on the Nasdaq System but has not been designated as an NMS security, reported. In all instances, Fair Market Value of a Share on any date shall be determined in accord with Section 409A of the sale price for such Share on the last sale reported for such date. Code.
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Fair Market Value.
As of a particular date shall mean the fair market value of
a Share the Shares as determined by the
Administrator Committee in its sole discretion;
provided provided, however, that
(i) (A) if the Shares are admitted to trading on a national securities exchange, Fair Market Value
of a Share on any date shall be the
closing last sale price reported for
such Share the Shares on such exchange on such date
or, if no sale was reported or on
such date, then the last
day date preceding such date on
... which a sale was reported, (ii) (B) if the Shares are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System NASDAQ stock market ("NASDAQ") or other comparable quotation system and has have been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Shares on such system on such date or, if no sale was reported or on such date, the last date day preceding such date on which a sale was reported, or (iii) (C) if the Shares are admitted to quotation on the Nasdaq System but has NASDAQ and have not been designated as an a NMS security, Fair Market Value of a Share on any date shall be the sale price for average of the highest bid and lowest asked prices of the Shares on such Share system on the last sale reported for such date.
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Fair Market Value.
As of a particular date shall mean means the fair market value of
a Share the Shares as determined
in good faith by the
Administrator in its sole discretion; provided Committee; provided, however, that
(i) (A) if the Shares are admitted to trading on a national securities exchange, Fair Market Value
of a Share on any date shall be the
closing last sale price reported for
such Share the Shares on such exchange on such date or, if no sale was reported on such date,
then on the last
day date... preceding such date on which a sale was reported, (ii) (B) if the Shares are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable quotation system and has have been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Shares on such system on such date or, if no sale was reported or on such date, the last date day preceding such date on which a sale was reported, or (iii) (C) if the Shares are admitted to quotation on the Nasdaq System but has NASDAQ and have not been designated as an a NMS security, Fair Market Value of a Share on any date shall be the sale price for average of the highest bid and lowest asked prices of the Shares on such Share system on the last sale reported for such date.
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Fair Market Value.
As of a particular on any date
shall mean the fair market value of a Share as determined by the Administrator in its sole discretion; provided that (i) means (A) if the Shares are admitted to trading on a national securities exchange,
Fair Market Value of a Share on any date shall be the
closing last sale price reported for
such Share the Shares on such exchange on such date or, if no sale was reported on such date,
then on the last
day date preceding such date on which a sale was reported,
... class="diff-color-red">(ii) (B) if the Shares are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable quotation system and has have been designated as a National Market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Shares on such system on such date or, if no sale was reported or on such date, the last date day preceding such date on which a sale was reported, or (iii) (C) if the Shares are admitted to quotation on the Nasdaq System but has NASDAQ and have not been designated as an a NMS security, Fair Market Value the average of a Share the highest bid and lowest asked prices of the Shares on any date shall be such system on such date, or (D) if there have been no published bid or asked quotations with respect to Shares on such date, the sale price for such Share on value established by the last sale reported for such date. Board in good faith and in accordance with Section 422 of the Code.
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Fair Market Value.
As of a particular date shall mean means the fair market value of
a Share the Common Stock as determined by the
Administrator Committee in its sole discretion;
provided provided, however, that
(i) (A) if
Restated as of May 7, 1998 1 the
Shares are Common Stock is admitted to trading on a national securities exchange, Fair Market Value
of a Share on any date shall be the
closing last sale price reported for
such Share the Common Stock on such exchange on such date
or, if no sale was reported or... on such date, then the last day date preceding such date on which a sale was reported, (ii) reported; (B) if the Shares are Common Stock is admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable quotation system and has been designated as a National Market market System ("NMS") security, Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Common Stock on such system on such date or, if no sale was reported occurred on such date, on the last date day preceding such date on which a sale was reported, or (iii) (C) if the Shares are Common Stock is admitted to quotation on the Nasdaq System but NASDAQ and has not been designated as an a NMS security, Fair Market Value of a Share on any date shall be the sale price for average of the highest bid and lowest asked prices of Common Stock on such Share system on the last sale reported for such date.
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Fair Market Value.
As of a particular date shall mean means the fair market value of
a Share the Shares as determined by the
Administrator Committee in its sole discretion;
provided provided, however, that
(i) (A) if the Shares are
the admitted to trading on a national securities exchange,
the Fair Market Value
of a Share on any date shall be the
closing last sale price reported for
such Share the Shares on such exchange on such date
or, if no sale was reported or on
such date, then the last
day date preceding... such date on which a sale was reported, (ii) (B) if the Shares are admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System ("NASDAQ") or other comparable quotation system and has have been designated as a National Market System ("NMS") security, the Fair Market Value of a Share on any date shall be the closing last sale price reported for such Share the Shares on such system on such date or, if no sale was reported or on such date, the last date day preceding such date on which a sale was reported, reported or (iii) (C) if the Shares are admitted to quotation on the Nasdaq System but has NASDAQ and have not been designated as an NMS security, or the Shares are traded in the non-NASDAQ "over the counter" market, the Fair Market Value of a Share on any date shall be the sale price for average of the highest bid and lowest asked prices of the shares on such Share system or market on the last sale reported for such date.
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Fair Market Value.
As as of a particular date shall mean the fair market value of a Share as determined by the
Administrator Committee in its sole discretion; provided that (i) if the Shares are admitted to trading on a national securities
exchange, Fair Market Value ex change, fair market value of a Share on any date shall be the closing sale price reported for such Share on such exchange on such date
or, if no sale was reported on such date, then the last day on which a sale was reported, (ii) if the Shares are
... admitted to quotation on the National Association of Securities Dealers Automated Quotation ("Nasdaq") System or other comparable quotation system and has been designated as a National Market System ("NMS") security, Fair Market Value fair market value of a Share on any date shall be the closing sale price reported for such Share on such system on such date or, if no sale was reported on such date, the last date preceding such date on which a sale was reported, or (iii) if the Shares are admitted to quotation on the Nasdaq System but has not been designated as an NMS security, Fair Market Value fair market value of a Share on any date shall be the sale price for average of the highest bid and lowest asked prices of such Share on such system on the last sale reported date preceding such date on which both bid and ask prices were reported. Notwithstand ing anything to the contrary contained herein, for such date. purposes of the first Offering Period, the "Fair Market Value" of a Share on the first Offering Date shall be the initial price to the public as set forth in the final prospectus included within the registration statement on Form S-1 filed with the Securities and Exchange Commis sion for the Public Offering (the "Registration Statement").
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