Fair Market Value

Fair Market Value. The Fair Market Value of the Option Shares (defined below). The Fair Market Value as of any date shall be as reasonably determined by the Option Committee (defined below); provided, however, that if there is a public market for the Common Stock, the Fair Market Value of the Option Shares as of any date shall not be less than the last reported sale price for the Common Stock on that date (or on the preceding stock market business day if such date is a Saturday, Sunday, or a holiday), on the New... York Stock Exchange ("NYSE"), as reported in The Wall Street Journal, or if not reported in The Wall Street Journal, as reported in The Denver Post, Denver, Colorado or, if no last sale price for the NYSE is available, then the last reported sale price on either another stock exchange or on a national or local over-the-counter market, as reported by The Wall Street Journal, or if not available there, in The Denver Post; provided further, that if no such published last sale price is available and a published bid price is available from one of those sources, then the Fair Market Value of the shares shall not be less than such last reported bid price for the Common Stock by the National Quotation Bureau, and if no such published bid price is available, the Fair Market Value of such shares shall not be less than the average of the bid prices quoted as of the close of business on that date by any two independent persons or entities making a market for the Common Stock, such persons or entities to be selected by the Option Committee. View More

Fair Market Value. As of any date means the value of a share of the Company's common stock determined as follows: (1) If the Company's common stock is listed or admitted to trading on any established stock exchange or a national market system, including the Nasdaq National Market System or The Nasdaq SmallCap Market, its Fair Market Value shall be the closing per share sales price for such stock as quoted on such exchange or system for the last market trading day prior to the date of determination on which a sale... of the Company's common stock occurred, as reported in The Wall Street Journal or such other source as the Committee deems reliable. (2) If clause (1) is inapplicable, the Fair Market Value shall be what the Committee determines in good faith to be 100% of the fair market value of a share of the Company's common stock on that date, using such criteria as it shall determine, in its sole discretion, to be appropriate for valuation. View More

Fair Market Value. The mean between the highest and lowest sales prices of a share of Common Stock on the principal stock exchange or stock market on which the Common Stock may be listed or admitted to trading. If there were no sales on such date, the respective prices on the most recent prior day on which sales were reported shall be used. If the foregoing method of determining fair market value should be inconsistent with Section 423 of the Code, "Fair Market Value" shall be determined by the Committee in a... manner consistent with Section 423 of the Code and shall mean the value as so determined View More

Fair Market Value. As of any date, the value of Class B Common Stock determined as follows: (i) If the Class B Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq National Market or The Nasdaq SmallCap Market of The Nasdaq Stock Market, its Fair Market Value shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system on the day of determination, as reported in The Wall... Street Journal or such other source as the Administrator deems reliable; (ii) If the Class B 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 bid and low asked prices for the Class B Common Stock on the day of determination; or (iii) In the absence of an established market for the Class B Common Stock, the Fair Market Value thereof shall be determined in good faith by the Administrator View More

Fair Market Value. The value of the Shares determined in good faith by the Board of Directors, provided that (a)(i) if the Shares are listed on any established stock exchange or a national market system, their fair market value shall be the average of the closing sales price for the Shares as quoted on such system or exchange (or the largest such exchange) over the 5-trading-day period ending immediately prior to the date of the Notice of Put/Call Exercise, as reported in the Wall Street Journal or similar... publication, and (ii) if the Shares are regularly quoted by a recognized securities dealer but selling prices are not reported, their fair market value shall be the mean between the closing bid and asked prices for the Shares on the date of the Notice of Put/Call Exercise (or if there are no quoted prices for such date, then for the last preceding business day on which there were quoted prices), and (b) if clauses (a)(i) or (a)(ii) are not applicable, the Board of Directors shall apply valuation techniques generally used by reputable investment bankers (without giving effect to any premium that might be paid by a strategic buyer in an acquisition) to determine the value of the Shares as of the date of the Notice of Put/Call Exercise View More

Fair Market Value. Shall mean, with respect to any property other than Shares, the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. If the Shares are not listed on a stock exchange, the Fair Market Value of the Shares on any date shall be their fair market value as determined by the Committee using any reasonable method and in good faith. If the Shares are listed on a stock exchange, the Fair Market Value of Shares as of any date... shall be the per Share closing price of the Shares as reported on such stock exchange (or the exchange selected by the Committee if the Shares are listed on more than one stock exchange), on the date prior to such date (or if there was no reported closing price on such date, on the last preceding date on which the closing price was reported) View More

Fair Market Value. With respect to any security on any date, (A) if such security is listed and traded on the New York Stock Exchange, Inc. ("NYSE"), the closing price on such date as reported on the NYSE Composite Transactions Tape; (B) if such security is listed and traded on The NASDAQ Stock Market, Inc. ("NASDAQ") or another national securities exchange, the last reported sale price or closing price, as the case may be, on such date as reported by NASDAQ or such principal securities exchange; (C) if such... security is actively traded over-the-counter, the average of the highest reported bid and lowest reported asked price on such date. If on any determination date there is no active public market for such security, and with respect to other property or assets, the Fair Market Value shall be the fair market value thereof as determined in good faith by the Board; provided that if the Holder shall object to any such determination by the Board, the Company shall retain an investment bank of national reputation and stature reasonably acceptable to the Holder to conduct a valuation of such property or assets, such valuation to be binding upon the Holder and the Company. The cost of retaining such investment bank shall be shared equally by the Company and the Holder. View More

Fair Market Value. Of the Common Shares on any given date means (a) the closing sale price of a Common Share on the Nasdaq National Market, or the domestic stock exchange on which the Common Shares are then listed on such date, or if the Nasdaq National Market (or the applicable exchange) is closed on that date, on the last preceding date on which the Nasdaq National Market or such exchange was open for trading or (b) if the foregoing clause does not apply, the fair market value of such stock, taking into account... all relevant factors determinative of value, as solely determined by the Committee View More

Fair Market Value. As of a particular date, means (a) if the shares of Common Stock are then listed or admitted for trading on a national securities exchange or quoted on the National Association of Securities Dealers Automated Quotation System, the last reported sales price of the Common Stock on such date, or (b) if the shares of Common Stock are not then listed or admitted for trading on a national securities exchange or quoted on the National Association of Securities Dealers Automated Quotation System, such... value as the Board, in its absolute discretion, may determine in good faith. View More

Fair Market Value. The fair market value of property (including, without limitation, any Units or other securities) as determined by such methods or procedures as shall be established from time to time by the Committee.