Fair Market Value

Fair Market Value. Means, with respect to any property (including, without limitation, any shares of Common Stock or other securities of the Company), the fair market value of such property determined in good faith by such methods or procedures as shall be established from time to time by the Board. Notwithstanding the preceding sentence, where there exists a public market for the Common Stock, the Fair Market Value of a share of Common Stock shall be the closing price for a share of Common Stock for the last... market trading date prior to the time of the determination (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 Board to be the primary market for the Common Stock, as reported in The Wall Street Journal or such other source as the Board deems reliable. View More

Fair Market Value. The closing price for options granted after April 1, 2007 or the average of the high and the low sales prices for options granted before April 1, 2007 of a share of Common Stock on the date of grant (or, if not a trading day, on the last preceding trading day) as reported on the New York Stock Exchange Composite Transactions Tape or, if not listed on the New York Stock Exchange, the principal stock exchange or the NASDAQ National Market on which the Common Stock is then listed or traded;... provided, however, that if the Common Stock is not so listed or traded then the Fair Market Value shall be determined in good faith by the Board View More

Fair Market Value. The closing price of a share of Common Stock on the date of grant (or, if not a trading day, on the last preceding trading day) as reported on the New York Stock Exchange Composite Transactions Tape or, if not listed on the New York Stock Exchange, the principal stock exchange or the NASDAQ National Market on which the Common Stock is then listed or traded; provided, however, that if the Common Stock is not so listed or traded then the Fair Market Value shall be determined in good faith by the... Committee View More

Fair Market Value. Of a share of Stock shall mean, as of any date, the closing price of a share of such Stock as reported for such date on the Composite Tape for New York Stock Exchange-Listed Stocks, or, if Stock was not traded on the New York Stock Exchange on such date, the "Fair Market Value" of a share of Stock as of such date shall be the closing price of a share of such Stock as reported on said Composite Tape on the next preceding date on which such trades were reported on said Composite Tape.

Fair Market Value. Of Common Stock or any other security or property of the Corporation means the fair market value thereof as determined in accordance with the following rules: (i) For Common Stock or other security of the Corporation traded or quoted on the NYSE or other national securities exchange or automated quotation system, the Fair Market Value will be the average closing price of shares of Common Stock or such other security on the NYSE or such exchange or quotation system for a five 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: (x) mutually by the Board of Directors and the holders of at least a two-thirds of the then-outstanding shares of Preferred Stock or (y) by a nationally recognized investment bank, appraisal or accounting firm which is independent of the Corporation and the holders of outstanding shares of Preferred Stock (whose fees and expenses shall be borne equally by the Corporation, on the one hand, and the holders of outstanding shares of Preferred Stock, on the other hand) selected by mutual agreement between the Board of Directors and the holders representing a majority of the then-outstanding shares of Preferred Stock; and (iii) For any other property, the Fair Market Value shall be determined by the Board of Directors in good faith, assuming a willing buyer and a willing seller in an arms'-length transaction; provided, that if holders representing two-thirds of the then-outstanding shares of Preferred Stock object to a determination by the Board of Directors made pursuant to this clause (iii), the Fair Market Value of such property shall be as determined by a nationally recognized investment bank, appraisal or accounting firm which is independent of the Corporation and the holders of outstanding shares of Preferred Stock (whose fees and expenses shall be borne equally by the Corporation, on the one hand, and the holders of outstanding shares of Preferred Stock, on the other hand) selected by mutual agreement between the Board of Directors and such holders View More

Fair Market Value. The average of the highest price and the lowest price at which Stock shall have been sold on the applicable date as reported by the New York Stock Exchange Composite Transactions. In the event that the applicable date is a date on which there were no such sales of Stock, the Fair Market Value of Stock on such date shall be the mean of the average of the highest price and the lowest price at which Stock shall have been sold on the last trading day preceding such date

Fair Market Value. With respect to a share of Company Stock, on a particular date (i) the closing price of Company Stock as quoted on the composite tape of the New York Stock Exchange and published in The Wall Street Journal with respect to such date, or if there is no trading of Company Stock on such date, such price on the next preceding date on which there was trading in such shares or (ii) if the shares of Stock are then traded in an over-the-counter market, the average of the closing bid and asked prices for... the shares of Stock in such over-the-counter market for the last preceding date on which there was a sale of such Stock in such market, or (iii) if the shares of Stock are not then listed on a national securities exchange or traded in an over-the-counter market, such value as the Committee, in its sole discretion, shall determine in good faith using a reasonable method in accordance with Section 409A of the Code. View More

Fair Market Value. As of any date, the value of a share of the Company's Common Stock determined as follows

Fair Market Value. Of a share of Warrant Stock means (i) if the Common Stock is traded on a securities exchange, the average of the closing price on each trading day over the ten consecutive trading day period ending three trading days before the day the Fair Market Value of the securities is being determined, (ii) if the Common Stock is actively traded over-the counter, the average of the closing bid and asked prices quoted on the NASDAQ system (or similar system) on each trading day over the five consecutive... trading day period ending one trading day before the day the Fair Market Value of the securities is being determined, or (iii) if at any time the Common Stock is not listed on any securities exchange or quoted in the NASDAQ System or the over-the-counter market, then the Fair Market Value determined by the Company's Board of Directors in good faith. View More

Fair Market Value. With respect to a share of Common Stock, the last sales price (or average of the quoted closing bid and asked prices if there is no closing sales price reported) of a share of Common Stock as reported by the Nasdaq National Market (or by the principal national stock exchange on which the Common Stock is then listed) on the Purchase Date, if such date is a Business Day, or the immediately preceding Business Day, if such date is not a Business Day. In the absence of an established market for... Common Stock, the Fair Market Value of a share of Common Stock shall be determined in good faith by the Board View More