Fair Market Value

Example Definitions of "Fair Market Value"
Fair Market Value. As of any particular date: (i) the volume weighted average of the closing sales prices of the Common Stock for such day on all domestic securities exchanges on which the Common Stock may at the time be listed; (ii) if there have been no sales of the Common Stock on any such exchange on any such day, the average of the highest bid and lowest asked prices for the Common Stock on all such exchanges at the end of such day; (iii) if on any such day the Common Stock is not listed on a domestic... securities exchange, the closing sales price of the Common Stock as quoted on the OTC Bulletin Board, the Pink OTC Markets, or similar quotation system or association for such day; or (iv) if there have been no sales of the Common Stock on the OTC Bulletin Board, the Pink OTC Markets, or similar quotation system or association on such day, the average of the highest bid and lowest asked prices for the Common Stock quoted on the OTC Bulletin Board, the Pink OTC Markets, or similar quotation system or association at the end of such day; in each case, averaged over twenty (20) consecutive Business Days ending on the Business Day immediately prior to the day as of which Fair Market Value is being determined; provided, that if the Common Stock is listed on any domestic securities exchange, the term Business Day as used in this sentence means Business Days on which such exchange is open for trading. If at any time the Common Stock is not listed on any domestic securities exchange or quoted on the OTC Bulletin Board, the Pink OTC Markets, or similar quotation system or association, the Fair Market Value of the Common Stock shall be the fair market value per share as determined jointly by the Board and the Holder; provided, that if the Board and the Holder are unable to agree on the fair market value per share of the Common Stock within a reasonable period of time (not to exceed five Business Days from the Company's receipt of the Exercise Agreement), such fair market value shall be determined by a nationally recognized investment banking, accounting, or valuation firm jointly selected by the Board and the Holder. The determination of such firm shall be final and conclusive, and the fees and expenses of such valuation firm shall be borne equally by the Company and the Holder View More
Found in ODYSSEY MARINE EXPLORATION INC contract
Fair Market Value. As Means, as of any particular date: (i) (a) the volume weighted average of the closing sales prices of the Common Stock for such day on all domestic securities exchanges on which the Common Stock may at the time be listed; (ii) (b) if there have been no sales of the Common Stock on any such exchange on any such day, the average of the highest bid and lowest asked prices for the Common Stock on all such exchanges at the end of such day; (iii) (c) if on any such day the Common Stock is not... listed on a domestic securities exchange, the closing sales price of the Common Stock as quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association for such day; or (iv) (d) if there have been no sales of the Common Stock on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association on such day, the average of the highest bid and lowest asked prices for the Common Stock quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association at the end of such day; in each case, averaged over twenty (20) consecutive Business Days ending on the Business Day immediately prior to the day as of which Fair "Fair Market Value Value" is being determined; provided, that if the Common Stock is listed on any domestic securities exchange, the term Business Day "Business Day" as used in this sentence means Business Days on which such exchange is open for trading. If at any time the Common Stock is not listed on any domestic securities exchange or quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association, the Fair "Fair Market Value Value" of the Common Stock shall be the fair market value per share as determined jointly by the Board and the Holder; provided, that if the Board and the Holder are unable to agree on the fair market value per share of the Common Stock within a reasonable period of time (not to exceed five Business Days from the Company's receipt of the Exercise Agreement), such fair market value shall be determined by a nationally recognized investment banking, accounting, or valuation firm jointly selected by the Board and the Holder. The determination of such firm shall be final and conclusive, and the fees and expenses of such valuation firm shall be borne equally by the Company and the Holder View More
Found in IDdriven, Inc. contract
Fair Market Value. As of any particular date: (i) (a) the volume weighted average of the closing sales prices of the Common Stock for such day on all domestic securities exchanges on which the Common Stock may at the time be listed; (ii) (b) if there have been no sales of the Common Stock on any such exchange on any such day, the average of the highest bid and lowest asked prices for the Common Stock on all such exchanges at the end of such day; (iii) (c) if on any such day the Common Stock is not listed on a... domestic securities exchange, the closing sales price of the Common Stock as quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association for such day; or (iv) (d) if there have been no sales of the Common Stock on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association on such day, the average of the highest bid and lowest asked prices for the Common Stock quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association at the end of such day; in each case, averaged over twenty (20) three (3) consecutive Business Days ending on the Business Day immediately prior to the day as of which Fair "Fair Market Value Value" is being determined; provided, that if the Common Stock is listed on any domestic securities exchange, the term Business Day "Business Day" as used in this sentence means Business Days on which such exchange is open for trading. If at any time the Common Stock is not listed on any domestic securities exchange or quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association, the Fair "Fair Market Value Value" of the Common Stock shall be the fair market value per share as determined jointly by the Board and the Holder; provided, Holder, or, if that if selection cannot be made within ten (10) days, by a nationally recognized and independent investment banking or valuation firm selected jointly and approved by the Board and the Holder are unable (including the methodologies to agree on be utilized), or if joint selection and approval is not achieved within ten (10) days, the fair market value per share of American Arbitration Association shall select the Common Stock within a reasonable period of time (not to exceed five Business Days from the Company's receipt of the Exercise Agreement), such fair market value shall be determined by a nationally recognized independent investment banking, accounting, banking or valuation firm jointly selected by the Board and the Holder. in accordance with its rules. The determination of such firm shall be final and conclusive, and the fees and expenses of such valuation firm shall be borne equally by the Company and the Holder Holder. View More
Found in Global Clean Energy Holdings, Inc. contract
Fair Market Value. As of any particular date: (i) (a) the volume weighted average of the closing sales prices of the Common Stock for such day on all domestic securities exchanges on which the Common Stock may at the time be listed; (ii) (b) if there have been no sales of the Common Stock on any such exchange on any such day, the average of the highest bid and lowest asked prices for the Common Stock on all such exchanges at the end of such day; (iii) (c) if on any such day the Common Stock is not listed on a... domestic securities exchange, the closing sales price of the Common Stock as quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association for such day; or (iv) (d) if there have been no sales of the Common Stock on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association on such day, the average of the highest bid and lowest asked prices for the Common Stock quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association at the end of such day; in each case, averaged over twenty (20) three (3) consecutive Business Days ending on the Business Day immediately prior to the day as of which Fair "Fair Market Value Value" is being determined; provided, that if the Common Stock is listed on any domestic securities exchange, the term Business Day "Business Day" as used in this sentence means Business Days on which such exchange is open for trading. If at any time the Common Stock is not listed on any domestic securities exchange or quoted on the OTC Bulletin Board, the Pink OTC Markets, Markets or similar quotation system or association, the Fair "Fair Market Value Value" of the Common Stock shall be the fair market value per share as determined jointly by the Board and the Holder; provided, Holder, or, if that if selection cannot be made within ten (10) days, by a nationally recognized and independent investment banking or valuation firm selected jointly and approved by the Board and the Holder are unable (including the methodologies to agree on be utilized), or if joint selection and approval is not achieved within ten (10) days, the fair market value per share of American Arbitration Association shall select the Common Stock within a reasonable period of time (not to exceed five Business Days from the Company's receipt of the Exercise Agreement), such fair market value shall be determined by a nationally recognized independent investment banking, accounting, banking or valuation firm jointly selected by the Board and the Holder. in accordance with its rules. The determination of such firm shall be final and conclusive, and the fees and expenses of such valuation firm shall be borne equally by the Company and the Holder View More
Found in Global Clean Energy Holdings, Inc. contract
View Variations (3)
Fair Market Value. Of a Unit means the closing sales price of a Unit on the principal national securities exchange or other market in which trading in Units occurs on the applicable date (or if there is no trading in the Units on such date, on the next preceding date on which there was trading) as reported in The Wall Street Journal (or other reporting service approved by the Committee). In the event Units are not traded on a national securities exchange or other market at the time a determination of fair market... value is required to be made hereunder, the determination of fair market value shall be made in good faith by the Committee. View More
Found in Blueknight Energy Partners, L.P. contract
Fair Market Value. Of a Unit means the closing sales price of a Unit on the principal national securities exchange or other market in which trading in Units occurs on the applicable date (or if there is no trading in the Units on such date, on the next preceding date on which there was trading) as reported in The Wall Street Journal (or other reporting service approved by the Committee). In the event Units are not traded on a national securities exchange or other market at the time a determination of fair market... value Fair Market Value is required to be made hereunder, the determination of fair market value Fair Market Value shall be made in good faith by the Committee. Committee and in compliance with Section 409A of the Code. Notwithstanding the foregoing, with respect to an Award granted on the effective date of the initial public offering of Units, Fair Market Value on such date shall mean the initial offering price per Unit as stated on the cover page of the prospectus which is part of the registration statement on Form S-1 for such offering. View More
Found in Kimbell Royalty Partners, LP contract
Fair Market Value. Of a Unit means Means the closing sales price of a Unit on the principal national securities exchange or other market in which trading in Units occurs on the applicable date (or if there is no trading in the Units on such date, on the next preceding date on which there was trading) as reported in The Wall Street Journal (or other reporting service approved by the Committee). In the event Units are not publicly traded on a national securities exchange or other market at the time a determination... of fair market value is required to be made hereunder, the determination of fair market value shall be made in good faith by the Committee. View More
Found in Sanchez Midstream Partners LP contract
Fair Market Value. Of a Unit means Means the closing sales price of a Unit on the principal national securities exchange or other market in which trading in Units occurs on the applicable date (or if there is no trading in the Units on such date, on the next preceding date on which there was trading) as reported in The Wall Street Journal (or other reporting service approved by the Committee). In the event Units are not publicly traded on a national securities exchange or other market at the time a determination... of fair market value is required to be made hereunder, the determination of fair market value shall be made in good faith by the Committee. View More
Found in Cheniere Energy Partners, L.P. contract
View Variations (3)
Fair Market Value. Per share of Common Stock, as of any date, means the closing price for a share of Common Stock reported for that date by the New York Stock Exchange (or such other stock exchange or quotation system on which shares of Common Stock are then listed or quoted) or, if no shares of Common Stock are traded on the New York Stock Exchange (or such other stock exchange or quotation system) on the date in question, then the closing price for the next preceding date for which shares of Common Stock are... traded on the New York Stock Exchange (or such other stock exchange or quotation system). View More
Found in Western Digital contract
Fair Market Value. Per share of Common Stock, as As of any date, means the closing price for a share of Common Stock Share reported for that date by the New York Stock Exchange (or such other stock exchange or quotation system on which such shares of Common Stock are then listed or quoted) or, if no shares of Common Stock Shares are traded on the New York Stock Exchange (or such other stock exchange or quotation system) on the date in question, then the closing price for the next preceding date for which such... shares of Common Stock are traded on the New York Stock Exchange (or such other stock exchange or quotation system). In the event that the Common Shares are not listed or quoted on any stock exchange or quotation system, the Fair Market Value shall be determined by the Committee in its sole discretion in a manner consistent with Section 409A of the Code View More
Found in HERBALIFE NUTRITION LTD. contract
Fair Market Value. Per share of Common Stock, as of any date, means the closing price for a share of Common Stock reported for that date by on the New York Stock Exchange (or such other national stock exchange or quotation system on which shares of Common Stock are then listed or quoted) or, if no shares of Common Stock are traded on the New York Stock Exchange (or such other stock exchange or quotation system) on the date in question, then the closing price for the next preceding date for on which shares of... Common Stock are traded there was such a trade on the New York Stock Exchange (or such other stock exchange or quotation system). If at any time the Common Stock is no longer traded on a national stock exchange or quotation system, the Fair Market Value of the Common Stock as of the date in question shall be as determined by the Administrator in good faith View More
Found in Western Digital contract
Fair Market Value. Per share of Common Stock, as of any date, means the closing price for a share of Common Stock reported for that date by on the New York Stock Exchange (or such other national stock exchange or quotation system on which shares of Common Stock are then listed or quoted) or, if no shares of Common Stock are traded on the New York Stock Exchange (or such other stock exchange or quotation system) on the date in question, then the closing price for the next preceding date for on which shares of... Common Stock are traded there was such a trade on the New York Stock Exchange (or such other stock exchange or quotation system). If at any time the Common Stock is no longer traded on a national stock exchange or quotation system, the Fair Market Value of the Common Stock as of the date in question shall be as determined by the Administrator in good faith. View More
Found in Western Digital contract
View Variations (3)
Fair Market Value. Of a share of Common Stock of the Company means, as of the date in question, the officially-quoted closing selling price of the stock (or if no selling price is quoted, the bid price) on the principal securities exchange on which the Common Stock is then listed for trading (including for this purpose the Nasdaq National Market) (the "Market") for the applicable trading day or, if the Common Stock is not then listed or quoted in the Market, the Fair Market Value shall be the fair value of the... Common Stock determined in good faith by the Board; provided, however, that when shares received upon exercise of an option are immediately sold in the open market, the net sale price received may be used to determine the Fair Market Value of any shares used to pay the exercise price or applicable withholding taxes and to compute the withholding taxes View More
Found in Ruth's Hospitality Group, Inc. contract
Fair Market Value. Of a share of Common Stock of the Company means, as of the date in question, and except as otherwise provided in any Grant Agreement entered into pursuant to agreements in effect as of the Commencement Date, the officially-quoted closing selling price of the stock (or if no selling price is quoted, the bid price) on the principal securities exchange on which the Common Stock is then listed for trading (including for this purpose the Nasdaq National Market) (the "Market") for the applicable... trading day or, if the Common Stock is not then listed or quoted in the Market, the Fair Market Value shall be the fair value of the Common Stock determined in good faith by the Board; Board and, in the case of an Incentive Stock Option, in accordance with Section 422 of the Code; provided, however, that when shares received upon exercise of an option are immediately sold in the open market, the net sale price received may be used to determine the Fair Market Value of any shares used to pay the exercise price or applicable withholding taxes and to compute the withholding taxes taxes. View More
Found in NRG Energy contract
Fair Market Value. Of a share of Common Stock of the Company means, as of the date in question, and except as otherwise provided in any Grant Agreement entered into pursuant to agreements in effect as of the Commencement Date, the officially-quoted closing selling price of the stock (or if no selling price is quoted, the bid price) on the principal securities exchange on which the Common Stock is then listed for trading (including for this purpose the Nasdaq National Market) (the "Market") for the applicable... trading day or, if the Common Stock is not then listed or quoted in the Market, the Fair Market Value shall be the fair value of the Common Stock determined in good faith by the Board; Board and, in the case of an Incentive Stock Option, in accordance with Section 422 of the Code; provided, however, that when shares received upon exercise of an option are immediately sold in the open market, the net sale price received may be used to determine the Fair Market Value of any shares used to pay the exercise price or applicable withholding taxes and to compute the withholding taxes taxes. View More
Found in NRG Energy contract
Fair Market Value. Of a share of Common Stock of the Company means, as of the date in question, the officially-quoted closing selling last sale price of the stock during normal trading hours (or if no selling price is quoted, the bid price) on the New York Stock Exchange, Inc. or if not listed thereon, the principal securities exchange on which the Common Stock is then listed for trading (including for this purpose the Nasdaq National Market) (the "Market") for the applicable trading day or, if the Common Stock... is not then listed or quoted in the Market, the Fair Market Value shall be the fair value of the Common Stock determined in good faith by the Board; provided, however, that for purposes of options granted at the pricing of the Company's initial public offering, the Fair Market Value shall, if the Committee so determines in its discretion, be the initial public offering price; provided further, however, that when shares received upon exercise of an option are immediately sold in the open market, the net sale price received may be used to determine the Fair Market Value of any shares used to pay the exercise price or applicable withholding taxes and to compute the withholding taxes View More
Found in Verifone [Acquired] contract
View Variations (3)
Fair Market Value. Of a Share as of a specified date means the closing price at which Shares are traded at the close of business on such date as reported in the New York Stock Exchange composite transactions published in the Wall Street Journal, or if no trading of Shares is reported for that day, on the next preceding day on which trading was reported
Found in Potlatch Corp contract
Fair Market Value. Of a Share as of a specified date means the closing price at which Shares are traded on such date as reported in the New York Stock Exchange composite transactions published in the Wall Street Journal, or if no trading of Shares is reported for that day, on the next following day on which trading is reported; provided that for purposes of determining the exercise price of an Incentive Stock Option the Fair Market Value of a Share as of the date of grant means the average of the opening and... closing price at the close of business which Shares are traded on such date as reported in the New York Stock Exchange composite transactions published in the Wall Street Journal, or if no trading of Shares is reported for that day, on the next preceding day on which trading was reported View More
Found in ABM Industries Incorporated contract
Fair Market Value. Of a Share as of a specified date means shall mean the closing price at which such Shares are traded at as of the close of business on such date as reported in on the New York Stock Exchange composite transactions published in the Wall Street Journal, tape, or if no trading of Shares the Common Stock is reported for that day, on the next preceding day on which trading was reported
Found in Potlatch Corp contract
Fair Market Value. Of a Share as of a specified date means the The closing price at which such Shares are traded at the close of business on such date as reported in the New York Stock Exchange composite transactions published in the Western Edition of the Wall Street Journal, or if no trading of Shares the Common Stock is reported for that day, on the next preceding day on which trading was reported
Found in Potlatch Corp contract
View Variations (3)
Fair Market Value. As of any date, the fair market value of a share of Common Stock for purposes of the Plan which will be determined as follows: (i) If the Common Stock is traded on the New York Stock Exchange or other national securities exchange, the closing sale price on that date; (ii) If the Common Stock is not traded on the New York Stock Exchange or other national securities exchange, the Fair Market Value thereof shall be determined in good faith by the Administrator and in compliance with Code Section... 409A. For any date that is not a trading day, the Fair Market Value of a share of Common Stock for such date shall be determined by using the closing sale price or the average of the closing bid and asked prices, as appropriate, for the immediately preceding trading day View More
Found in Danaher Corp. contract
Fair Market Value. As of any date, the fair market value of a share of Common Stock for purposes of the Plan which will be determined as follows: (i) If the Common Stock is traded on the New York Stock Exchange or other national securities exchange, the closing sale price on that date; date or, if the given date is not a trading day, the closing sale price for the immediately preceding trading day; or (ii) If the Common Stock is not traded on the New York Stock Exchange or other national securities exchange, the... Fair Market Value thereof shall be determined in good faith by the Administrator and in compliance with Code Section 409A. For any date that is not a trading day, the Fair Market Value of a share of Common Stock for such date shall be determined by using the closing sale price or the average of the closing bid and asked prices, as appropriate, for the immediately preceding trading day 409A View More
Found in Vontier Corp contract
Fair Market Value. As of any date, the fair market value of a share of Common Stock for purposes of the Plan which will be determined as follows: (i) If the Common Stock is traded on the New York Stock Exchange or other national securities exchange, the closing sale price on that date; date or, if the given date is not a trading day, the closing sale price for the immediately preceding trading day; or (ii) If the Common Stock is not traded on the New York Stock Exchange or other national securities exchange, the... Fair Market Value thereof shall be determined in good faith by the Administrator and in compliance with Code Section 409A. For any date that is not a trading day, the Fair Market Value of a share of Common Stock for such date shall be determined by using the closing sale price or the average of the closing bid and asked prices, as appropriate, for the immediately preceding trading day 409A View More
Found in Danaher Corp. contract
Fair Market Value. As of any date, the fair market value of a share of Common Stock for purposes of the Plan which will be determined as follows: (i) If the Common Stock is traded on the New York Stock Exchange or other national securities exchange, the closing sale price on that date; (ii) If the Common Stock is not traded on any such exchange, the New York Stock Exchange closing sale price as reported by the National Association of Securities Dealers, Inc. Automated Quotation System ("Nasdaq") for such date; if... no such closing sale price information is available, the average of the closing bid and asked prices as reported by Nasdaq for such date; or if there are no such closing bid and asked prices, the average of the closing bid and asked prices as reported by any other national securities exchange, commercial service for such date. (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 Administrator and in compliance with Code Section 409A. For any date that is not a trading day, the Fair Market Value of a share of Common Stock for such date shall be determined by using the closing sale price or the average of the closing bid and asked prices, as appropriate, for the immediately preceding trading day View More
Found in Danaher Corp. contract
View Variations (3)
Fair Market Value. The fair market value of Shares, Awards or other property as determined in good faith by the Committee or under procedures established by the Committee. Unless otherwise determined by the Committee, the Fair Market Value of Shares on a given day shall be, as specified by the Committee, the closing price of the Shares on the date on which it is to be valued hereunder as reported for New York Stock Exchange -- Composite Transactions. Fair Market Value relating to the exercise price or base price... of any Non-409A Option or SAR and relating to the market value of Shares measured at the time of exercise shall conform to requirements under Code Section 409A. View More
Found in Belmond Ltd. contract
Fair Market Value. The fair market value of Shares, Stock, Awards or other property as determined in good faith by the Committee or under procedures established by the Committee. Unless otherwise determined by the Committee, the Fair Market Value of Shares Stock on a given day shall be, as specified by be the Committee, the closing price average of the Shares high and low sales prices of the Stock on the date on which it is to be valued hereunder as reported for New York Stock Exchange -- Composite Transactions.... Fair Market Value relating to the exercise price or base price of any Non-409A Option or SAR and relating to the market value of Shares Stock measured at the time of exercise shall conform to requirements under Code Section 409A. View More
Found in UIL HOLDINGS CORP contract
Fair Market Value. The Means the fair market value of Shares, Stock, Awards or other property as determined in good faith by the Committee or under procedures established by the Committee. Unless otherwise determined by the Committee, the Fair Market Value of Shares Stock on a given day shall be, as specified by the Committee, either (1) the average of the high and low sales prices of the Stock, or (2) the closing price of the Shares Stock, on the date on which it is to be valued hereunder as reported for New... York Stock Exchange -- Composite Transactions. Fair Market Value relating to the exercise price or base price of any Non-409A Option or SAR and relating to the market value of Shares Stock measured at the time of exercise shall conform to requirements under Code Section 409A. 409A in order to be exempt from Code Section 409A View More
Found in New Jersey Resources contract
Fair Market Value. The Means the fair market value of Shares, Stock, Awards or other property as determined in good faith by the Committee or under procedures established by the Committee. Unless otherwise determined by the Committee, the Fair Market Value of Shares Stock on a given day shall be, as specified by the Committee, either (1) the average of the high and low sales prices of the Stock, or (2) the closing price of the Shares Stock, on the date on which it is to be valued hereunder as reported for New... York Stock Exchange -- — Composite Transactions. Fair Market Value relating to the exercise price or base price of any Non-409A Option or SAR and relating to the market value of Shares Stock measured at the time of exercise shall conform to requirements under Code Section 409A. 409A View More
Found in New Jersey Resources contract
View Variations (3)
Fair Market Value. Of the Common Stock on any given date means the fair market value of the Stock determined in good faith by the Committee based on the reasonable application of a reasonable valuation method not inconsistent with Section 409A of the Code. If the Common Stock is admitted to quotation on a national securities exchange, the determination shall be made by reference to market quotations. If there are no market quotations for such date, the determination shall be made by reference to the last date... preceding such date for which there are market quotations; provided further, however, that if the date for which Fair Market Value is determined is the first day when trading prices for the Common Stock are reported on a national securities exchange, the Fair Market Value shall be the "Price to the Public" (or equivalent) set forth on the cover page for the final prospectus relating to the Company's Initial Public Offering. View More
Found in Sailpoint Technologies Holdings, Inc. contract
Fair Market Value. Of the Common Stock on any given date means Means the fair market value of the Common Stock determined in good faith by the Committee Board based on the reasonable application of a reasonable valuation method not inconsistent with Section 409A of the Code. 409A. If the Common Stock is admitted to quotation on a national securities exchange, the determination shall be made by reference to market quotations. If the closing sale price reported on the exchange or if there are is no market... quotations closing sale price for such date, the determination shall be made by reference to the last date preceding such date for which there are market quotations; provided further, however, that if is a closing price. If the date for which Fair Market Value is determined is the first day when trading prices for the Common Stock are reported on a national securities exchange, the Fair Market Value shall be the "Price to the Public" (or equivalent) set forth on the cover page for the final prospectus relating to the Company's Initial Public Offering. View More
Found in Toast, Inc. contract
Fair Market Value. Of the Common Stock on any given date means the fair market value of the Stock determined in good faith by the Committee based on Committee; provided, however, that if the reasonable application of a reasonable valuation method not inconsistent with Section 409A of the Code. If the Common Stock is admitted to quotation on the National Association of Securities Dealers Automated Quotation System ("NASDAQ"), NASDAQ National System or a national securities exchange, the determination shall be made... by reference to market quotations. If there are no market quotations for such date, the determination shall be made by reference to the last date preceding such date for which there are market quotations; provided further, however, that if the date for which Fair Market Value is determined is the first day when trading prices for the Common Stock are reported on a national securities exchange, the Fair Market Value shall be the "Price to the Public" (or equivalent) set forth on the cover page for the final prospectus relating to the Company's Initial Public Offering. quotations. View More
Found in YIELD10 BIOSCIENCE, INC. contract
Fair Market Value. Of the Common Stock on any given date means the The fair market value of the Stock determined in good faith by the Committee based on Committee; provided, however, that if the reasonable application of a reasonable valuation method not inconsistent with Section 409A of the Code. If the Common Stock is admitted to quotation on a the National Association of Securities Dealers Automated Quotation System ("NASDAQ"), NASDAQ Global Market or another national securities exchange, the determination... shall be made by reference to market quotations. If there are no market quotations for such date, the determination shall be made by reference to the last date preceding such date for which there are market quotations; provided further, however, that if the date for which Fair Market Value is determined is the first day when trading prices for the Common Stock are reported on a national securities exchange, the Fair Market Value shall be the "Price to the Public" (or equivalent) set forth on the cover page for the final prospectus relating to the Company's Initial Public Offering. View More
Found in CLARUS THERAPEUTICS INC contract
View Variations (3)
Fair Market Value. The fair market value of Shares, Awards or other property on the date as of which the value is being determined, as determined by the Committee, or under procedures established by the Committee, subject to the following: (i) If, on such date, the Shares are listed on a national or regional securities exchange or market system, the Fair Market Value of a Share shall be the closing price of a Share (or the mean of the closing bid and asked prices of a Share if the Share is so quoted instead) as... quoted on the Nasdaq Stock Market, LLC or such other national or regional securities exchange or market system constituting the primary market for the Share, as reported in The Wall Street Journal or such other source as the Company deems reliable. If the relevant date does not fall on a day on which the Share has traded on such securities exchange or market system, the date on which the Fair Market Value shall be established shall be the last day on which the Share was so traded prior to the relevant date, or such other appropriate day as shall be determined by the Committee, in its discretion. (ii) If, on such date, the Share are not listed on a national or regional securities exchange or market system, the Fair Market Value of a Share shall be as determined by the Committee in good faith without regard to any restriction other than a restriction which, by its terms, will never lapse View More
Found in Stellar Biotechnologies, Inc. contract
Fair Market Value. The fair market value of Shares, Awards or other property on the date as of which the value is being determined, as determined by the Committee, or under procedures established by the Committee, subject to the following: (i) If, on such date, the Shares are listed on a an international, national or regional securities exchange or market system, the Fair Market Value of a Share shall be the closing price of a Share (or the mean of the closing bid and asked prices of a Share if the Share is so... quoted instead) as quoted on the Nasdaq Stock Market, LLC or such other national or regional securities applicable exchange or market system constituting the primary market for the Share, system, as reported in The Wall Street Journal or such other source as the Company deems reliable. If the relevant date does not fall on a day on which the Share has traded on such securities exchange or market system, the date on which the Fair Market Value shall be established shall be the last day on which the Share was so traded prior to the relevant date, or such other appropriate day as shall be determined by the Committee, Board, in its discretion. (ii) If, on such date, the Share Shares are not listed on a an international, national or regional securities exchange or market system, system but are traded on an over-the-counter market, the Fair Market Value of a Share shall be the average of the closing bid and asked prices for Shares or, if no closing bid and asked prices, the last closing price, in such over-the-counter market for the last preceding date on which there was a sale of such Shares in such market. (iii) If, on such date, the Shares are not listed on an international, national or regional securities exchange or market system and are not traded on an over-the-counter market, the Fair Market Value of a Share shall be as determined by the Committee Board in good faith without regard to any restriction other than a restriction which, by its terms, will never lapse lapse. View More
Found in NEWTOWN LANE MARKETING INC contract
Fair Market Value. The fair market value of Shares, Awards or other property on the date as of which the value is being determined, as determined by the Committee, or under procedures established by the Committee, subject to the following: (i) If, on such date, the Shares are listed on a national or regional securities exchange or market system, the Fair Market Value of a Share shall be the closing price of a Share (or the mean of the closing bid and asked prices of a Share if the Share is so quoted instead) as... quoted on the Nasdaq Stock Capital Market, LLC the Nasdaq Global Market, the Nasdaq Global Select Market or such other national or regional securities exchange or market system constituting the primary market for the Share, as reported in The Wall Street Journal on the website Nasdaq.com (if applicable), by Bloomberg LP or such other source as the Company Committee deems reliable. If the relevant date does not fall on a day on which the Share has traded on such securities exchange or market system, the date on which the Fair Market Value shall be established shall be the last day on which the Share was so traded prior to the relevant date, or such other appropriate day as shall be determined by the Committee, in its discretion. (ii) If, on such date, the Share are not listed on a national or regional securities exchange or market system, the Fair Market Value of a Share shall be as determined by the Committee in good faith without regard to any restriction other than a restriction which, by its terms, will never lapse lapse. View More
Found in CADIZ INC contract
Fair Market Value. The Shall mean the fair market value of Shares, Awards or other property on the date as of which the value is being determined, as determined by the Committee, or under procedures established by the Committee, in a manner intended to satisfy the principles of Section 409A of the Code or Section 422 of the Code, to the extent applicable, subject to the following: (i) If, on such date, the Shares are listed on a an international, national or regional securities exchange or market system, the Fair... Market Value of a Share shall be the closing price of a Share (or the mean of the closing bid and asked prices of a Share if the Share is so quoted instead) as quoted on the Nasdaq Stock Market, LLC or such other national or regional securities applicable exchange or market system constituting the primary market for the Share, system, as reported in The Wall Street Journal or such other source as the Company deems reliable. If the relevant date does not fall on a day on which the Share has traded on such securities exchange or market system, the date on which the Fair Market Value shall be established shall be the last day on which the Share was so traded prior to the relevant date, or such other appropriate day as shall be determined by the Committee, Board, in its discretion. discretion (ii) If, on such date, the Share Shares are not listed on a an international, national or regional securities exchange or market system, system but is traded on an over-the-counter market, the Fair Market Value of a Share shall be the average of the closing bid and asked prices for Shares or, if no closing bid and asked prices, the last closing price, in such over-the-counter market for the last preceding date on which there was a sale of such Shares in such market. (iii) If, on such date, the Shares are not listed on an international, national or regional securities exchange or market system and are not traded on an over-the-counter market, the Fair Market Value of a Share shall be as determined by the Committee Board in good faith without regard to any restriction other than a restriction which, by its terms, will never lapse lapse. View More
Found in Chavant Capital Acquisition Corp. contract
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Fair Market Value. The 'NASDAQ Official Closing Price' (as defined on www.nasdaq.com) (or such substantially similar successor price thereto) for an Ordinary Share as reported on www.nasdaq.com (or a substantially similar successor website) on the relevant valuation date or, if no NASDAQ Official Closing Price is reported on such date, on the preceding day on which a NASDAQ Official Closing Price was reported; or, if the Ordinary Shares are no longer listed on NASDAQ, the closing price for Ordinary Shares as... reported on the official website for such other exchange on which the Ordinary Shares are listed. View More
Found in Cambium Networks Corp contract
Fair Market Value. The 'NASDAQ "NASDAQ Official Closing Price' Price" (as defined on www.nasdaq.com) (or such substantially similar successor price thereto) for an Ordinary a Share as reported on www.nasdaq.com (or a substantially similar successor website) on the relevant valuation date or, if no NASDAQ Official Closing Price is reported on such date, on the preceding day on which a NASDAQ Official Closing Price was reported; or, if the Ordinary Shares are no longer listed on NASDAQ, the closing price for ... class="diff-color-red">Ordinary Shares as reported on the official website for such other exchange on which the Ordinary Shares are listed. listed View More
Found in TheRealReal, Inc. contract
Fair Market Value. The 'NASDAQ On or as of any date means the "NASDAQ Official Closing Price' Price" (as defined on www.nasdaq.com) (or such substantially similar successor price thereto) for an Ordinary a Share as reported on www.nasdaq.com (or a substantially similar successor website) on the relevant valuation date or, if no NASDAQ Official Closing Price is reported on such date, on the preceding day on which a NASDAQ Official Closing Price was reported; or, if the Ordinary Shares are no longer listed on... NASDAQ, the closing price for Ordinary Shares as reported on the official website for such other exchange on which the Ordinary Shares are listed. listed View More
Found in CytomX Therapeutics, Inc. contract
Fair Market Value. The 'NASDAQ Official Closing Price' (as defined on www.nasdaq.com) (or such substantially similar successor price thereto) for an Ordinary a Share as reported on www.nasdaq.com (or a substantially similar successor website) on the relevant valuation date or, if no NASDAQ Official Closing Price is reported on such date, on the preceding day on which a NASDAQ Official Closing Price was reported; or, if the Ordinary Shares are no longer listed on NASDAQ, the closing price for Ordinary Shares as... reported on the official website for such other exchange on which the Ordinary Shares are listed. listed View More
Found in CDW contract
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