Fair Market Value

Fair Market Value. As of any date, the closing price of a share of Common Stock on the principal exchange on which shares of Common Stock are then trading, if any (or as reported on any composite index which includes such principal exchange). If shares are not traded on an exchange, the Fair Market Value of a share of Common Stock shall be the closing price on the preceding trading date

Fair Market Value. As of any date, and unless the Board shall specify otherwise, the closing price of a share of Common Stock as reported in the Wall Street Journal listing of composite transactions for New York Stock Exchange issues.

Fair Market Value. With respect to the value of the Stock as of a particular day, the last reported sale price (as reported on The Nasdaq Stock Market's National Market) of such Stock on such day (unless such day is not a trading day, in which case, on the last trading day immediately preceding such day on which the Stock is traded on The Nasdaq Stock Market's National Market). If the Stock is not listed on The Nasdaq Stock Market's National Market, the Committee shall determine in good faith the Fair Market... Value in whatever manner it considers appropriate. View More

Fair Market Value. On any date, means the closing sales price on the New York Stock Exchange on such date or, in the absence of reported sales on such date, the closing sales price on the immediately preceding date on which sales were reported

Fair Market Value. The closing price of the Stock as reported on the Nasdaq Global Select Market, or such other system as may supersede it, on a particular date. In the event that there are no Stock transactions on such date, the Fair Market Value shall be determined as of the immediately preceding date on which there were Stock transactions.

Fair Market Value. The closing price of a share of Common Stock reported on the New York Stock Exchange (the 'NYSE') on the date Fair Market Value is being determined, provided that if there is no closing price reported on such date, the Fair Market Value of a share of Common Stock on such date shall be deemed equal to the closing price as reported by the NYSE for the last preceding date on which sales of shares of Common Stock were reported. Notwithstanding the foregoing, in the event that the shares of Common... Stock are listed upon more than one established stock exchange, 'Fair Market Value' means the closing price of the shares of Common Stock reported on the exchange that trades the largest volume of shares of Common Stock on the date Fair Market Value is being determined. If the Common Stock is not at the time listed or admitted to trading on a stock exchange, Fair Market Value means the mean between the lowest reported bid price and highest reported asked price of the Common Stock on the date in question in the over-the-counter market, as such prices are reported in a publication of general circulation selected by the Board and regularly reporting the market price of Common Stock in such market. If the Common Stock is not listed or admitted to trading on any stock exchange or traded in the over-the-counter market, Fair Market Value shall be as determined in good faith by the Board. View More

Fair Market Value. The closing price of a share of Common Stock reported on the New York Stock Exchange (the 'NYSE') on the date Fair Market Value is being determined

Fair Market Value. If no Public Offering has occurred, the fair market value of a Share as determined by the Committee. In making a determination of the Fair Market Value, the Committee, using a reasonable method reasonably applied, shall give due consideration to such factors as it deems appropriate, including, but not limited to, the earnings and other financial and operating information of the Company in recent periods, the potential value of the Company as a whole, the future prospects of the Company and the... industries in which it competes, the history and management of the Company, the general condition of the securities markets, the fair market value of securities of companies engaged in businesses similar to those of the Company, and any recent valuation of the Shares that shall have been performed by an independent valuation firm (although nothing herein shall obligate the Committee to obtain any such independent valuation). Following a Public Offering, the Fair Market Value, on any date of determination, shall mean the average of the closing sales prices for a Share as reported on a national exchange for each of the ten business days preceding the date of determination or the average of the last transaction prices for a Share as reported on a nationally recognized system of price quotation for each of the ten business days preceding the date of determination. In the event that there are no Share transactions reported on such exchange or system during such ten-business-day period, Fair Market Value shall mean the closing sales price on the trading date before the commencement of such period View More

Fair Market Value. As of a specified date, one of the following as determined by the Committee, each of which shall be based on trading prices of a share of Common Stock on the New York Stock Exchange or on any national securities exchange on which the shares of Common Stock are then listed, or if the shares were not traded on such date, then on the next preceding date on which such shares of Common Stock were traded, all as reported by such source as the Committee may select: (i) the average of the high and low... trading prices on such date, (ii) the closing price on such date or (iii) the closing price on the next preceding trading day View More

Fair Market Value. (i) in the case of shares of securities where, for a continuous period of at least four months prior to the issuance thereof, other shares of the same class had already been listed on the Applicable Exchange, the average of the daily volume-weighted average prices per share of such securities for the 20 consecutive trading days immediately preceding the day as of which Fair Market Value is being determined; (ii) in the case of securities not covered by (i) above, the Fair Market Value of such... securities shall be determined by either (A) an Independent Financial Expert appointed for such purpose, using one or more valuation methods that the Independent Financial Expert in its best professional judgment determines to be most appropriate, or (B) in good faith by the Board, if agreed to by Holders holding a majority in interest of Warrants at such time outstanding, in either case assuming such securities are fully distributed and are to be sold in an arm's-length transaction and there was no compulsion on the part of any party to such sale to buy or sell and taking into account all relevant factors; (iii) in the case of cash, the amount thereof; and (iv) in the case of other property, the Fair Market Value of such property shall be determined by either (A) an Independent Financial Expert appointed for such purpose, using one or more valuation methods that the Independent Financial Expert in its best professional judgment determines to be most appropriate, or (B) in good faith by the Board, if agreed to by Holders holding a majority in interest of Warrants at such time outstanding, in either case assuming such property is to be sold in an arm's-length transaction and there was no compulsion on the part of any party to such sale to buy or sell and taking into account all relevant factors. View More