Fair Market Value

Fair Market Value. As of any applicable date: (i) if the Stock is listed for trading on any stock exchange (including for this purpose the Nasdaq National Market), the mean between the lowest and highest reported sale prices of the Stock on the date in question on the principal exchange on which the Stock is then listed or admitted for trading. If no reported sale of Stock takes place on the date in question on the principal exchange, then the reported closing sale price of the Stock on such date on the principal... exchange shall be determinative of Fair Market Value; provided, however, that the Administrator may establish the Fair Market Value in such other manner as may be reasonably determined in good faith by the Administrator based on the reported sale prices of the Stock on such stock exchange. (ii) if the Stock is not at the time listed or admitted to trading on a stock exchange (including the Nasdaq National Market), the Fair Market Value shall be the mean between the closing reported sale price of the Stock on the date in question in the over-the-counter market. (iii) in the absence of an established market for the Stock, the Fair Market Value thereof shall be determined in good faith by the Committee. (iv) in all events, Fair Market Value shall be determined without regard to any restrictions (other than restrictions which, by their terms, will never lapse) View More

Fair Market Value. With respect to shares of or interests in any entity (including, without limitation, shares of the Company and/or shares of Integrity Israel), (i) if the shares are traded on an exchange, then the closing price for such shares on such exchange on the last day on which shares were so traded immediately preceding the date in question, (ii) if the shares are not traded on an exchange, but are quoted on the Over the Counter Bulletin Board or Pink Sheets, then the bid price (or if there is more than... one bid price, average of the bid prices) for such shares on the last date on which such shares were so quoted immediately preceding the date in question, or (iii) if neither (i) or (ii) applies, then the fair market value of the shares or interests on the date immediately preceding the date in question, as determined in good faith by a majority of the disinterested members of the Company's board of directors View More

Fair Market Value. Means the value of the consideration obtainable in sale of assets at such date assuming a sale by a willing seller to a willing unaffiliated purchaser dealing at arm's length and arranged in an orderly manner over a reasonable period of time having regard to the nature and characteristics of such asset, as reasonably determined by GGP or, if such asset shall have been the subject of a relatively contemporaneous appraisal (prepared in connection with a sale or acquisition) by an independent... third-party appraiser, the basic assumptions underlying which have not materially changed since its date, the value set forth in such appraisal. View More

Fair Market Value. For any particular date, the last sale price of the Common Stock on the New York Stock Exchange or, if no reported sales take place on the applicable date, the average of the high bid and low asked price of the Common Stock as reported for such date or, if no such quotation is made on such date, on the next preceding day on which there were quotations, provided that such quotations shall have been made within the ten (10) business days preceding the applicable date. In the event that the Fair... Market Value cannot be thus determined, it shall be determined in good faith by the Committee View More

Fair Market Value. Of Beneficial Shares on any day means the last sale price (or, if no last sale price is reported, the average of the high bid and low asked prices) for a Beneficial Share on such day (or, if such day is not a trading day, on the next preceding trading day) as reported on the principal national securities exchange on which Beneficial Shares are listed on such day or if such shares are not then listed on a national securities exchange, then as reported on Nasdaq or, if such shares are not then... listed or quoted on Nasdaq, then as quoted by the National Quotation Bureau Incorporated. If for any day the Fair Market Value of a Beneficial Share is not determinable by any of the foregoing means, then the Fair Market Value for such day shall be determined in good faith by the Committee on the basis of such quotations and other considerations as the Committee deems appropriate. View More

Fair Market Value. The term "Fair Market Value" means the fair market value as of the applicable valuation date of the Award Shares or other shares of Common Stock, as the case may be, to be valued (the "Subject Shares"), determined in accordance with the following principles: (i) If the Common Stock is traded on a stock exchange on the date in question, then the Fair Market Value of the Subject Shares will be equal to the closing sale price of Common Stock on the principal exchange on which the Common Stock is... then trading, or, if Common Stock is not traded on such date, then on the next preceding trading day during which a sale occurred; (ii) If the Common Stock is traded over-the-counter on the date in question, then the Fair Market Value of the Subject Shares will equal the last sales price or the average of the closing bid and asked price (in all other cases) for the Common Stock on such date as reported by the over-the-counter quotation system; (iii) If the Common Stock is not publicly traded on an exchange and is not quoted on the over-the-counter quotation system, then the Fair Market Value shall be determined by the Board acting in good faith on such basis as it deems appropriate; (iv) If the Subject Shares are subject to conditions, risk of forfeiture, or repurchase rights or rights of first refusal which impair their value including, without limitation, those conditions more particularly described in Section 6, then the Fair Market Value of the Subject Shares shall be subject to such discount to reflect such impairments to value as the Plan Committee may, in its sole discretion and without obligation to do so, determine to be appropriate; and (v) Anything in Subsections (i) through (iv) above to the contrary, in no circumstances shall the Fair Market Value of the Subject Shares be less than its par value. View More

Fair Market Value. As of any date, the value of a Share determined as follows: (i) the closing sale price per Share as reported on the New York Stock Exchange, or if there are no sales on such day, on the next preceding trading day during which a sale occurred; and (ii) in the absence of such markets for the Shares, the Fair Market Value shall be determined by the Committee in good faith (which determination shall, to the extent applicable, be made in a manner that complies with Section 409A of the Code), and... such determination shall be conclusive and binding for all purposes View More

Fair Market Value. Per Share as of a particular date means (i) if Shares are then listed on a national securities exchange or quoted or reported on a national quotation system, the closing sales price per Share on the exchange or system for the applicable date or, if there are no sales on such date, for the last preceding date on which there was a sale of Shares on such exchange or system; (ii) if Shares are not then listed on a national securities exchange or quoted on a national quotation system but are then... traded on an over-the-counter market, the average of the closing bid and asked prices for the Shares in such over-the-counter market for the date in question, or, if there are no bid and asked prices on such date, for the last preceding date on which there was a sale of such Shares in such market; or (iii) if Shares are not then listed on a national securities exchange, quoted on a national quotation system or traded on an over-the-counter market, such value as may be determined by the Plan Administrator in its discretion or as may be determined in accordance with such methodologies, procedures or other rules (which may provide, without limitation, that determinations of Fair Market Value shall be made by an independent third party) as may be established by the Plan Administrator in its discretion; provided that, where the Shares are so listed or traded, the Plan Administrator may make such discretionary determinations, or implement such methodologies, procedures or other rules, where the Shares have not been traded for 10 trading days. View More

Fair Market Value. With respect to each Accrual Date, the greater of (i) the Series A-5 Purchase Price Per Share (as such price per share may be adjusted for any stock splits, stock dividends, reverse stock splits, recapitalizations, mergers and other similar events affecting such Series A-5 Preferred Stock), (ii) the price per share of the preferred stock or common stock sold by Radius in the most recent equity financing closed by Radius prior to such Accrual Date (as such price per share may be adjusted for any... stock splits, stock dividends, reverse stock splits, recapitalizations, mergers and other similar events affecting such preferred stock or common stock, as applicable); and (iii) the average of the closing prices of any preferred stock or the common stock (whichever has the higher trading price as of such Accrual Date) of Radius on a securities exchange (if such preferred stock or common stock, as applicable, is traded on an exchange) or the average of the closing sale prices or secondarily the closing bid prices of any preferred stock or the common stock (whichever has the higher trading price as of such Accrual Date) of Radius (if such preferred stock or common stock, as applicable, is regularly traded over-the-counter) over the [*] ([*]) calendar day period ending [*] ([*]) calendar days prior to such Accrual Date (as such closing prices, closing sale prices or closing bid prices, as applicable, may be adjusted for any stock splits, stock dividends, reverse stock splits, recapitalizations, mergers and other similar events affecting such preferred stock or common stock, as applicable). View More

Fair Market Value. On any date means: (a) if the Units are listed for trading on the New York Stock Exchange, the closing price at the close of the primary trading session of the Units on such date on the New York Stock Exchange, or if there has been no such closing price of the Units on such date, on the next preceding date on which there was such a closing price; (b) if the Units are not listed for trading on the New York Stock Exchange, but are listed on another national securities exchange, the closing price... at the close of the primary trading session of the Units on such date on such exchange, or if there has been no such closing price of the Units on such date, on the next preceding date on which there was such a closing price; (c ) if the Units are not listed on the New York Stock Exchange or on another national securities exchange, the last sale price at the end of normal market hours of the Units on such date as quoted on the National Association of Securities Dealers Automated Quotation System ('NASDAQ') or, if no such price shall have been quoted for such date, on the next preceding date for which such price was so quoted; or (d) if the Units are not listed for trading on a national securities exchange or are not authorized for quotation on NASDAQ, the fair market value of the Units as determined in good faith by the Committee View More