Fair Market Value Definition Example with 1006 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, as of any date, the value of Common Stock determined as follows: (i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, its Fair Market Value shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system for the last market trading day prior to the time of... determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the date of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. View More Arrow

Variations

Fair Market Value. Means, means, as of any date, the value of Common Stock determined as follows: (i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, its Fair Market Value shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system for the last market trading day prior to the time of... determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the date of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. Board, and in a manner consistent with Section 260.140.50 of Title 10 of the California Code of Regulations. View More Arrow
Fair Market Value. Means, as of any date, the value of Common Stock a security, as determined as follows: (i) in good faith by the Board. If the Common Stock security is listed on any established stock exchange or a national market system, including without limitation traded on the Nasdaq National Market or The the Nasdaq SmallCap Market of The Nasdaq Stock Market, its the Fair Market Value of the security, unless otherwise determined by the Board, shall be the closing sales price (rounded up where necessary to... the nearest whole cent) for such stock security (or the closing bid, if no sales were reported) as quoted on such exchange or system for market (or the last exchange or market with the greatest volume of trading day in the relevant security of the Company) on the Trading Day prior to the time of determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the date of determination, relevant determination date, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. reliable View More Arrow
Fair Market Value. Means, as of any date, the value of a share of Common Stock determined as follows: (i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, its the Fair Market Value of a Share of Common Stock shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system for (or the... exchange with the greatest volume of trading in Common Stock) on the last market trading day prior to the time day of determination, as reported in The Wall Street Journal or such other source as on the Administrator deems reliable; exchange; (ii) If the Common Stock is quoted on the OTC Bulletin Board, or is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the date last market trading day prior to the day of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; by Bloomberg; or (iii) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. Administrator, without regard to any restriction other than a restriction which, by its terms, will never lapse, and subject to compliance with Section 409A of the Code View More Arrow
Fair Market Value. Means, as of any date, the value of Common Stock Shares determined as follows: (i) If the Common Stock is Shares are listed on any established stock exchange or a national market system, including without limitation any division or subdivision of the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq NASDAQ Stock Market, its Fair Market Value shall will be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system ... class="diff-color-red">for on the last market trading day prior to the time of determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; or (ii) If the Common Stock is Shares are regularly quoted by a recognized securities dealer but selling prices are not reported, including without limitation quotation through the Over-The-Counter Bulletin Board quotation service administered by the Financial Industry Regulatory Authority, the Fair Market Value of a Share of Common Stock shall will be the mean between the high bid and low asked prices for the Common Stock Shares on the date day of determination, as reported in The Wall Street Journal or such other source as the Board Administrator deems reliable; or (iii) In the absence of an established market for the Common Stock, Shares, the Fair Market Value thereof shall will be determined in good faith by the Board. Administrator, and to the extent Section 14 applies (a) with respect to ISOs, the Fair Market Value will be determined in a manner consistent with Code section 422 or (b) with respect to NSOs or SARs, the Fair Market Value will be determined in a manner consistent with Code section 409A View More Arrow
Fair Market Value. Means, means, as of any date, the value of Common Stock determined as follows: (i) If Where there exists a public market for the Common Stock is listed on any established stock exchange or a national market system, including without limitation Stock, the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, its Fair Market Value shall be (A) the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system a... Share for the last market trading day prior to the time of determination, the grant (or, if no closing price was reported on that date, on the last trading date on which a closing price was reported) on the stock exchange determined by the Administrator to be the primary market for the Common Stock or the Nasdaq National Market, whichever is applicable or (B) if the Common Stock is not traded on any such exchange or national market system, the average of the closing bid and asked prices of a Share on the Nasdaq Small Cap Market for the day prior to the time of the determination (or, if no such prices were reported on that date, on the last date on which such prices were reported), in each case, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; or (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the date of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) In the absence of an established market for the Common Stock, Stock of the type described in (i), above, the Fair Market Value thereof shall be determined by the Administrator in good faith by the Board. faith. View More Arrow
Fair Market Value. Means, means, as of any date, the value of the Common Stock of the Company determined as follows: (i) If (1) if the Common Stock is listed on any established stock exchange or a national market system, including without limitation exchange, traded on the Nasdaq National Market or The the Nasdaq SmallCap Market of The Nasdaq Stock Market, its or quoted on the OTC Bulletin Board, the Fair Market Value of a share of Common Stock shall be the closing sales price for such stock (or the closing bid,... if no sales were reported) as quoted on such exchange, market or board (or the exchange or system for market with the last market greatest volume of trading in Common Stock) on the trading day prior to the time day of determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the date of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) In 2. (2) in the absence of an established market such markets for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. Board and to the extent that the Company is subject to Section 260.140.50 of Title 10 of the California Code of Regulations at the time a Stock Award is granted, in a manner consistent with Section 260.140.50 of Title 10 of the California Code of Regulations. View More Arrow
Fair Market Value. Means, Fair Market Value means, as of any date, the value of a share of Common Stock determined as follows: (i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation traded on the Nasdaq National Market or The the Nasdaq SmallCap Market of The Nasdaq Stock Market, its the Fair Market Value of a share of Common Stock shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such... exchange or system for market (or the exchange or market with the greatest volume of trading in the Common Stock) on the last market trading day prior to the time of determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the date day of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) reliable. (ii) In the absence of an established market such markets for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board. (iii) Prior to the Listing Date, the value of the Common Stock shall be determined in a manner consistent with Section 260.140.50 of Title 10 of the California Code of Regulations or any successor thereto. (iv) Notwithstanding the foregoing, the value of the Common Stock shall at all times be determined in a manner consistent with the regulations pursuant to Section 409A of the Code, as they may be amended from time to time. For the avoidance of doubt, it is understood that the Fair Market Value of the Common Stock immediately after the Closing shall be $5.00 per share. View More Arrow
Fair Market Value. Means, means, as of any date, the value of the Common Stock determined as follows: (i) If the Common Stock is Shares are listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, its Fair Market Value shall be the closing sales price for such stock Shares (or the closing bid, if no sales were reported) as quoted on such exchange or system for such date, or if no bids or... sales were reported for such date, then the last market closing sales price (or the closing bid, if no sales were reported) on the trading day date immediately prior to the time of determination, such date during which a bid or sale occurred, in each case, as reported in The Wall Street Journal or such other source as the Administrator Committee deems reliable; (ii) If the Common Stock is Shares are regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between of the high closing bid and low asked prices for the Common Stock Shares on such date, or if no closing bid and asked prices were reported for such date, the date of determination, immediately prior to such date during which closing bid and asked prices were quoted for the Shares, in each case, as reported in The Wall Street Journal or such other source as the Board Committee deems reliable; or (iii) In the absence of an established market for the Common Stock, Shares, the Fair Market Value thereof shall be determined in good faith by the Board. Committee. View More Arrow
Fair Market Value. Means, means, as of any date, the value of the Common Stock 10 determined as follows: (i) If the Common Stock is listed on any established stock exchange or traded on any established market, the Fair Market Value of a national share of Common Stock shall be the closing sales price for such stock as quoted on such exchange or market system, including without limitation (or the Nasdaq National Market exchange or The Nasdaq SmallCap Market market with the greatest volume of The Nasdaq trading in... the Common Stock) on the last trading day prior to the date of determination, as reported in such source as the Board deems reliable. Unless otherwise provided by the Board, if there is no closing sales price for the Common Stock Market, its on the last trading day prior to the date of determination, then the Fair Market Value shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system for the last market trading day prior to the time of determination, as reported in The Wall Street Journal or preceding date for which such other source as the Administrator deems reliable; quotation exists. (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall be the mean between the high bid and low asked prices for the Common Stock on the date of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; or (iii) In the absence of an established market such markets for the Common Stock, the Fair Market Value thereof shall be determined by the Board in good faith by and in a manner that complies with Sections 409A of the Board. Code. (iii) Notwithstanding the foregoing, for any Offering that commences on the IPO Date, the Fair Market Value of the shares of Common Stock at the time when the Offering commences shall be the price per share at which shares are first sold to the public in the Company's initial public offering as specified in the final prospectus for that initial public offering. View More Arrow
Fair Market Value. Means, means, as of any date, the value of Common Stock determined as follows: (i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, its Fair Market Value shall will be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system for on the last market trading day prior to the... time of determination, as reported in The Wall Street Journal or such other source as the Administrator deems reliable; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, the Fair Market Value of a Share of Common Stock shall will be the mean between the high bid and low asked prices for the Common Stock on the date day of determination, as reported in The Wall Street Journal or such other source as the Board Administrator deems reliable; (iii) For purposes of any Awards granted on the Registration Date, the Fair Market Value will be the initial price to the public as set forth in the final prospectus included within the registration statement in Form S-1 filed with the Securities and Exchange Commission for the initial public offering of the Company's Common Stock; or (iii) (iv) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall will be determined in good faith by the Board. Administrator. View More Arrow
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