Fair Market Value

Fair Market Value. Means (i) the closing price of a Share on the national securities exchange on which the Shares are traded, or (ii) if the Shares are not traded on a national securities exchange but are quoted on the Nasdaq SmallCap Market or a regional stock exchange or an automated quotation system or over-the-counter market, the closing price on the Nasdaq SmallCap Market or regional stock exchange, automated quotation system or over-the-counter market, or (iii) if the Shares are not traded on a national... securities or quoted on the Nasdaq SmallCap Market or regional stock exchange, automated quotation system or over-the-counter market, the fair market value of a Share as determined by the Company's Board in good faith, based upon such factors as they deem relevant. Notwithstanding the preceding, for federal, state, and local income tax reporting purposes, fair market value shall be determined by the Board in accordance with uniform and nondiscriminatory standards adopted by it from time to time. Such determination shall be conclusive and binding on all persons. View More

Fair Market Value. Means with respect to a Share, the fair market value of a Share as determined by the Committee in good faith. Notwithstanding the preceding, the Board will determine the Fair Market Value of a Share for initial Grants under the Plan. Subsequent to an Initial Public Offering, the Fair Market Value of a share of Common Stock will be the average of high bid and low asked prices of Common Shares as reported on the exchange on which it is listed as of such date, or if no such quotation is made on... such date, the immediately preceding day on which there were quotations as reported in The Wall Street Journal. View More

Fair Market Value. As of any date: i. prior to the existence of a Public Market (as defined in Section 6 below) for the Common Stock, the value per share of Common Stock as determined in good faith by the Board; or ii. on which a Public Market for the Common Stock exists, (i) closing price on such 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 such day as reported on the National Association of Securities Dealers Automated Quotation System or (iii) if not so reported, as furnished by any member of the National Association of Securities Dealers, Inc. ("NASD") selected by the Board. The Fair Market Value of a share of Common Stock as of any such date on which the applicable exchange or inter-dealer quotation system through which trading in the Common Stock regularly occurs is closed shall be the Fair Market Value determined pursuant to the preceding sentence as of the immediately preceding date on which the Common Stock is traded, a bid and ask price is reported or a trading price is reported by any member of NASD selected by the Board. In the event that the price of a share of Common Stock shall not be so reported or furnished, the Fair Market Value shall be determined by the Board in good faith to reflect the fair market value of a share of Common Stock. View More

Fair Market Value. On any given date, the current fair market value of a share of Common Stock as determined as follows: (i) If the Common Stock is traded on The NASDAQ Stock Market or is listed on a national securities exchange, the closing price for the day of determination as quoted on such market or exchange which is the primary market or exchange for trading of the Common Stock or if no trading occurs on such date, the last day on which trading occurred, or such other appropriate date as determined by the... Committee in its discretion, as reported in The Wall Street Journal or such other source as the Committee deems reliable; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, its Fair Market Value shall be the mean between the high and the low asked prices for the Common Stock for the day of determination; or (iii) In the absence of an established market for the Common Stock, Fair Market Value shall be determined by the Committee in good faith. Fair Market Value shall be determined in accordance with Code Section 409A and the regulations and other applicable guidance issued thereunder. View More

Fair Market Value. (x) if the securities are then traded on a national securities exchange in the U.S. or the Nasdaq Global Market (or a similar national quotation system), then the value shall be deemed to be the average of the closing prices of the securities on such exchange or system over the thirty (30) day period ending three (3) days prior to the date on which the Incentive Unit is terminated pursuant to Section 2(c) above; (y) if the foregoing clause (x) does not apply but the securities are actively... traded over-the-counter, then the value shall be deemed to be the average of the closing bid prices over the thirty (30) day period ending three (3) days prior to the Payment Request; and (z) if there is no active public market, then the value shall be the fair market value thereof, as determined in good faith by the Board of Directors of Carbonite US. View More

Fair Market Value. As of any date, the value of a share of Common Stock determined as follows: (i) its closing price on the date of determination on the principal national securities exchange on which the Common Stock is listed or admitted to trading as reported in The Wall Street Journal or such other source as the Board or Committee deems reliable; or (ii) with respect to the initial Offering Period, Fair Market Value on the Offering Date will be the price at which shares of Common Stock are offered to the... public by Workday's underwriters pursuant to the Registration Statement covering the initial public offering of shares of Common Stock; and (iii) if none of the foregoing is applicable, by the Board or the Committee in good faith View More

Fair Market Value. Per share of common stock of the Company shall be assumed to be equal to the initial public offering price per share pursuant to the Initial Public Offering.

Fair Market Value. As of any given date, the fair market value of the Shares as determined by the Administrator in its sole discretion or under procedures established by the Administrator, whose determination shall be conclusive and binding

Fair Market Value. With respect to a Common Share, (i) the last reported closing price for a Common Share on The NASDAQ Capital Market (or any appropriate national securities or over-the-counter market if the Common Shares are no longer listed on The NASDAQ Capital Market) on the last business day of the Plan Quarter, or if there was no sale of Common Shares so reported for such day, on the most recently preceding day on which there was such a sale or (ii) if the stock is not publicly traded, the fair market... value for a Common Share for the last business day of the Plan Quarter, as determined by the Board View More

Fair Market Value. With respect to any listed security, its Market Price, and with respect to any property or assets other than cash or listed securities, the fair value thereof determined in good faith by the Board and the Requisite Holders.