Fair Market Value

Fair Market Value. As of a particular date shall (unless otherwise determined by the Committee and set forth in an Award Agreement) mean the fair market value of a Share as determined by the Committee in its good faith discretion, taking into account such factors as it deems appropriate, including, without limitation, the requirements of Section 409A of the Code and the regulations issued thereunder; provided that if the Common Stock is admitted to trading on a national securities exchange or over-the-counter... quotation system, the Fair Market Value of a Share on any date shall be the closing sale price reported for such Share on such exchange on the last day preceding such date on which a sale was reported (if the Shares admitted to quotation on the Nasdaq System but have not been designated as an NMS security the Fair Market Value of a Share on any date shall be the average of the highest bid and lowest asked prices of such share on such system on the last date preceding such date on which both bid and ask prices were reported). In determining the Fair Market Value of the Common Stock, the Committee shall be entitled to engage such auditors or other agents as it may determine is necessary or desirable View More

Fair Market Value. With respect to Units or other property, the fair market value of such Units or other property determined by such methods or procedures as shall be established from time to time by the Board. If the Units are listed on any established stock exchange or a national market system, the Fair Market Value of Units on a date shall be the closing price per Unit on the date (or, if the Units were not traded on that day, the next preceding day that the Units were traded) on the principal exchange on... which the Units are traded, as such prices are officially quoted on such exchange. View More

Fair Market Value. For purposes of this Plan, unless otherwise required by any applicable provision of the Code or any regulations issued thereunder, as of any date and except as provided below, the last sales price reported for the Common Stock on the applicable date: (i) as reported on the principal national securities exchange in the United States on which it is then traded or The Nasdaq Stock Market; or (ii) if not traded on any such national securities exchange or The Nasdaq Stock Market, as quoted on an... automated quotation system sponsored by FINRA or if the Common Stock shall not have been reported or quoted on such date, on the first day prior thereto on which the Common Stock was reported or quoted; provided, that the Committee may modify the definition of Fair Market Value to reflect any changes in the trading practices of any exchange on which the Common Stock is listed or traded. If the Common Stock is not readily tradable on a national securities exchange, The Nasdaq Stock Market or any automated quotation system sponsored by FINRA, its Fair Market Value shall be set in good faith by the Committee and in a manner that complies with Section 409A of the Code. For purposes of the grant of any Option, the applicable date shall be the date on which the Stock Option is granted. View More

Fair Market Value. For purposes of the Equity-Based Portion of an Award and with respect to a share of Common Stock, as of the applicable date of determination, (i) the average of the high and low sales prices on the immediately preceding business day of a share of Common Stock as reported on the principal securities exchange on which shares of Common Stock are then listed or admitted to trading or (ii) if not so reported, the average of the closing bid and ask prices on the immediately preceding business day as... reported on the NASDAQ Stock Market or (iii) if not so reported, as furnished by any member of the Financial Industry Regulatory Authority selected by the Committee. In the event that the price of a share of Common Stock shall not be so reported or the Committee otherwise determines a different valuation is appropriate, the Fair Market Value of a share of Common Stock shall be determined by the Committee in its sole discretion in any manner consistent with Section 409A of the Code View More

Fair Market Value. Subject to Section 4.2(d), the term "Fair Market Value" used in connection with the value of Units shall mean (a) if there is a public market for the equity of the Company on the applicable date, the value for the Units shall be implied by the average of the high and low closing bid prices of such equity on the stock exchange on which the equity is principally trading or (b) if there is no public market for the equity on such date, the fair market value for the Units as shall be determined in... good faith by the Board (without regard to discounts for lack of marketability of such equity or minority status). View More

Fair Market Value. On any given date, the closing price of the shares of Common Stock, as reported on the New York Stock Exchange for such date or such national securities exchange as may be designated by the Board or, if Common Stock was not traded on such date, on the next preceding day on which Common Stock was traded

Fair Market Value. As of any given day, the fair market value of a Share determined in good faith in the same manner as "fair market value" is then determined under the Company's 2004 Equity Incentive Plan (or successor to such plan).

Fair Market Value. The closing sale price of Stock reported in the table entitled "Nasdaq National Market Issues" or any successor table in the Wall Street Journal (or, if Stock is then principally traded on a national securities exchange, in the table reporting composite transactions for such exchange) for such date or, if no shares of Stock were traded on that date, on the next preceding day on which there was such a trade

Fair Market Value. With respect to any Asset Sale, the price that would be negotiated in an arm's-length transaction for cash between a willing seller and a willing and able buyer, neither of which is under any compulsion to complete the transaction, as such price is determined in good faith by the independent members of the board of directors or other similar governing body of the selling Person.

Fair Market Value. Fair market value thereof as determined in good faith by the Board, which determination must be set forth in a written resolution of the Board, in accordance with the following rules: (i) for Common Stock or other security traded or quoted on a Trading Market, the Fair Market Value will be the average of the closing prices of such security on such Trading Market over a ten (10) consecutive trading day period, ending on the trading day immediately prior to the date of determination; (ii) for... any security that is not so traded or quoted, the Fair Market Value shall be determined by the Board; or (iii) for any other property, the Fair Market Value shall be determined by the Board in good faith assuming a willing buyer and a willing seller in an arms'-length transaction. View More