Fair Market Value

Example Definitions of "Fair Market Value"
Fair Market Value. With respect to Shares as of any date, (i) the closing price of the Shares as reported on the principal U.S. national securities exchange on which the Shares are listed and traded on such date, or, if there is no closing price on that date, then on the last preceding date on which such a closing price was reported; (ii) if the Shares are not listed on any U.S. national securities exchange but are quoted in an inter-dealer quotation system on a last sale basis, the final ask price of the Shares... reported on the inter-dealer quotation system for such date, or, if there is no such sale on such date, then on the last preceding date on which a sale was reported; or (iii) if the Shares are neither listed on a U.S. national securities exchange nor quoted on an inter-dealer quotation system on a last sale basis, the amount determined by the Committee to be the fair market value of the Shares as determined by the Committee in its sole discretion. The Fair Market Value of any property other than Shares shall mean the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. View More
Found in Meet Group, Inc. contract
Fair Market Value. With respect to Shares as of any date, (i) the per Share closing price of the Shares: (i) if the Shares are listed on a national securities exchange, the closing sale price reported as reported having occurred on the principal U.S. national securities exchange on which the Shares are listed and traded on such date, or, if there is no closing price such sale on that date, then on the last preceding date on which such a closing price sale was reported; (ii) if the Shares are not listed on any ... class="diff-color-red">U.S. national securities exchange but are is quoted in an inter-dealer quotation system on a last sale basis, the final ask price of the Shares reported on the inter-dealer quotation system for such date, or, if there is no such sale on such date, then on the last preceding date on which a sale was reported; or (iii) if the Shares are neither not listed on a U.S. national securities exchange nor quoted on an inter-dealer quotation system on a last sale basis, the amount determined by the Committee to be the fair market value of the Shares as determined by the Committee in its sole discretion. The Fair Market Value of any property other than Shares shall mean the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. Committee, subject to the requirements of Section 409A of the Code View More
Found in Aeon Global Health Corp. contract
Fair Market Value. With respect to Shares as of any date, (i) the per Share closing price of the Shares (i) if the Shares are listed on a national securities exchange, the closing sale price reported as reported having occurred on the principal U.S. national securities exchange on which the Shares are listed and traded on such date, or, if there is no closing price such sale on that date, then on the last preceding date on which such a closing price sale was reported; (ii) if the Shares are not listed on any U.S.... national securities exchange but are is quoted in an inter-dealer quotation system on a last sale basis, the final ask price of the Shares reported on the inter-dealer quotation system for such date, or, if there is no such sale on such date, then on the last preceding date on which a sale was reported; or (iii) if the Shares are neither not listed on a U.S. national securities exchange nor quoted on an inter-dealer quotation system on a last sale basis, the amount determined by the Committee to be the fair market value of the Shares as determined by the Committee in its sole discretion. The Fair Market Value of any property other than Shares shall mean the market value of such property determined by such methods or procedures as shall be established from time to time by the Committee. View More
Found in Savara Inc contract
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Fair Market Value. As of any date, the value of a share of Common Stock determined as follows: i. If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq Global Market or the Nasdaq Capital Market of the Nasdaq Stock Market ("Nasdaq"), (a) for purposes of determining the exercise price of an Option on the date of grant, Fair Market Value shall be the closing price (excluding "after hours" trading) for a share of such stock on that day... (or, if the Common Stock is not traded on that day, on the last trading day preceding such date), and (b) for all other purposes, Fair Market Value shall be the closing price (excluding "after hours" trading) for a share of such stock on the last trading day preceding such date, in each case 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, (a) for purposes of determining the exercise price of an Option on the date of grant, Fair Market Value shall be the mean between the highest bid and lowest asked prices (excluding "after hours" trading) for a share of the Common Stock on that day (or, if there are no quotes for that day, on the last day preceding such date for which quotes were available), and (b) for all other purposes, Fair Market Value shall be the mean between the highest bid and lowest asked prices (excluding "after hours" trading) for a share of the Common Stock on the last day preceding such date; or 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 Committee View More
Found in PEGASYSTEMS INC contract
Fair Market Value. As of any date, the value of a share of Common Stock determined as follows: i. (i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq Global National Market or the Nasdaq Capital SmallCap Market of the Nasdaq Stock Market ("Nasdaq"), Market, (a) for purposes of determining the number of Shares to be retained by the Company in payment of the exercise price of an Option on or the withholding of tax for any Award,... Fair Market Value shall be the execution price for the trade of Common Stock (excluding "after hours" trading) occurring, in the case of an Option, immediately before the receipt by the Company or its agent of the notice of exercise, or, in the case of a restricted stock unit, immediately before the date of grant, vesting, and (b) for all other purposes Fair Market Value shall be the closing price (excluding "after hours" trading) for a share of such stock on that day (or, if the Common Stock is not traded on that day, on the last trading day preceding such date), and (b) for all other purposes, Fair Market Value shall be the closing price (excluding "after hours" trading) for a share of such stock on the last trading day preceding such date, in each case as reported in The Wall Street Journal or such other source as the Committee deems reliable; ii. date). ; (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, (a) for purposes of determining the exercise price of an Option on the date of grant, Option, Fair Market Value shall be the mean between the highest bid and lowest asked prices (excluding "after hours" trading) for a share of the Common Stock on that day (or, if there are no quotes for that day, on the last day preceding such date for which quotes were available), and (b) for all other purposes, Fair Market Value shall be the mean between the highest bid and lowest asked prices (excluding "after hours" trading) for a share of the Common Stock on the last day preceding such date; or iii. (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 Committee Administrator View More
Found in PEGASYSTEMS INC contract
Fair Market Value. As of any date, the value of a share of Common Stock determined as follows: i. (i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the Nasdaq Global National Market or the Nasdaq Capital SmallCap Market of the Nasdaq Stock Market ("Nasdaq"), (a) for purposes of determining the exercise price of an Option on the date of grant, Market, its Fair Market Value shall be the closing price (excluding "after hours" trading) for a... share of such stock on that day (or, if the Common Stock is not traded on that day, on the last trading day preceding such date), and (b) for all other purposes, Fair Market Value shall be the closing price (excluding "after hours" trading) for a share of such stock on the last trading day preceding such date, in each case date) as reported in The Wall Street Journal or such other source as the Committee Administrator deems reliable; ii. (ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, (a) for purposes of determining the exercise price of an Option on the date of grant, its Fair Market Value shall be the mean between the highest bid and lowest asked prices (excluding "after hours" trading) for a share of the Common Stock on that day (or, if there are no quotes for that day, on the last day preceding such date for which quotes were available), and (b) for all other purposes, Fair Market Value shall be the mean between the highest bid and lowest asked prices (excluding "after hours" trading) for a share of the Common Stock on the last day preceding such date; available); or iii. (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 Committee Administrator View More
Found in PEGASYSTEMS INC contract
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Fair Market Value. Means, (i) with respect to a Share on a given date, (x) if the Shares are listed on a national securities exchange, the closing sales price of a Share reported on such exchange on such date or, if there is no such sale on that date, then on the last preceding date on which such a sale was reported or (y) if the Shares are not listed on any national securities exchange, the amount determined by the Committee in good faith to be the fair market value of a Share or (ii) with respect to any other... property on any given date, the amount determined by the Committee in good faith to be the fair market value of such other property as of such date; provided, however, as to any Awards granted on or with a date of grant of the pricing of the Company's initial public offering (if any), Fair Market Value shall be equal to the per Share price offered to the public in connection with such initial public offering. View More
Found in IKONICS CORP contract
Fair Market Value. Means, (i) with respect to a Share of Common Stock on a given date, (x) if the Shares are Common Stock is listed on a national securities exchange, the closing sales price of a Share reported on such exchange on such date or, date, or if there is no such sale on that date, then on the last preceding date on which such a sale was reported reported, or (y) if the Shares are Common Stock is not listed on any national securities exchange, the amount determined by the Committee in good faith to be... the fair market value of a Share the Common Stock, or (ii) with respect to any other property on any given date, the amount determined by the Committee in good faith to be the fair market value of such other property as of such date; provided, however, as to any Awards granted on or with a date of grant of the pricing of the Company's initial public offering (if any), Fair "Fair Market Value Value" shall be equal to the per Share price the Common Stock is offered to the public in connection with such initial public offering. View More
Found in Gores Holdings IV, Inc. contract
Fair Market Value. Means, (i) with respect to a Share on a given date, date and except as otherwise expressly determined by the Committee, (x) if the Shares are listed on a national securities exchange, the closing sales price of a Share reported on such exchange on such date or, if there is no such sale on that date, then on the last preceding date on which such a sale was reported or (y) if the Shares are not listed on any national securities exchange, the amount determined by the Committee in good faith to be... the fair market value of a Share or (ii) with respect to any other property on any given date, the amount determined by the Committee in good faith to be the fair market value of such other property as of such date; provided, however, as to any Awards granted on or with a date of grant of the pricing of the Company's initial public offering (if any), Fair Market Value shall be equal to the per Share price offered to the public in connection with such initial public offering. date. View More
Found in Clear Secure, Inc. contract
Fair Market Value. Means, (i) with respect to a Share on a given date, date and except as otherwise expressly determined by the Committee, (x) if the Shares are listed on a national securities exchange, the closing sales price of a Share reported on such exchange on such date or, if there is no such sale on that date, then on the last preceding date on which such a sale was reported or (y) if the Shares are not listed on any national securities exchange, the amount determined by the Committee in good faith to be... the fair market value of a Share or (ii) with respect to any other property on any given date, the amount determined by the Committee in good faith to be the fair market value of such other property as of such date; provided, however, as to any Awards granted on or with a date of grant of the pricing of the Company's initial public offering (if any), Fair Market Value shall be equal to the per Share price offered to the public in connection with such initial public offering. date. View More
Found in Clear Secure, Inc. contract
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Fair Market Value. The value determined by the Administrator as of the applicable date in its sole discretion in accordance with Section 409A, to the extent applicable, and such determination will be final and binding
Found in CASSAVA SCIENCES INC contract
Fair Market Value. The Will be the value determined by the Administrator Board as of the applicable date in its sole discretion in accordance with Section 409A, 409A of the Code to the extent applicable, and such determination will be final and binding binding.
Found in TaskUs, Inc. contract
Fair Market Value. The value determined by the Administrator Board (or the Representative, as applicable) as of the applicable date in its sole discretion in accordance with Section 409A, Code 409A to the extent applicable, and such determination will be final and binding binding.
Found in PROTEINSIMPLE contract
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Fair Market Value. On any date, unless otherwise determined by the Committee, means the closing sales prices of the Shares on such date on the principal national securities exchange on which such Shares are listed or admitted to trading, or, if such Shares are not so listed or admitted to trading, the closing sales prices of the Shares as reported by the Nasdaq Stock Market at the close of the primary trading session on such dates and, in either case, if the Shares were not traded on such date, on the next... preceding day on which the Shares were traded. In the event that Fair Market Value cannot be determined in a manner described above, the Fair Market Value shall be the value established by the Board in good faith View More
Found in Community Health Systems, Inc. contract
Fair Market Value. On any date, unless otherwise determined by the Committee, date means the closing sales prices of the Shares on such date on the principal national securities exchange on which such Shares are listed or admitted to trading, or, if such Shares are not so listed or admitted to trading, the closing sales prices of the Shares as reported by the The Nasdaq Stock Market at the close of the primary trading session on such dates and, in either case, if the Shares were not traded on such date, on the... next preceding day on which the Shares were traded. In the event that Fair Market Value cannot be determined in a manner described above, the Fair Market Value shall be the value established by the Board in good faith and, in the case of an Incentive Stock Option, in accordance with Section 422 of the Code View More
Found in Community Health Systems, Inc. contract
Fair Market Value. On any date, unless otherwise determined by the Committee, date means the closing sales prices of the Shares on such date on the principal national securities exchange on which such Shares are listed or admitted to trading, or, if such Shares are not so listed or admitted to trading, the closing sales prices of the Shares as reported by the The Nasdaq Stock Market at the close of the primary trading session on such dates and, in either case, if the Shares were not traded on such date, on the... next preceding day on which the Shares were traded. In the event that Fair Market Value cannot be determined in a manner described above, the Fair Market Value shall be the value established by the Board in good faith and, in the case of an Incentive Stock Option, in accordance with Section 422 of the Code View More
Found in Community Health Systems, Inc. contract
Fair Market Value. On any date, unless otherwise determined by the Committee, date means the closing sales prices of the Shares on such date on the principal national securities exchange on which such Shares are listed or admitted to trading, or, if such Shares are not so listed or admitted to trading, the closing sales prices of the Shares as reported by the The Nasdaq Stock Market at the close of the primary trading session on such dates and, in either case, if the Shares were not traded on such date, on the... next preceding day on which the Shares were traded. In the event that Fair Market Value cannot be determined in a manner described above, the Fair Market Value shall be the value established by the Board in good faith and, in the case of an Incentive Stock Option, in accordance with Section 422 of the Code. View More
Found in Community Health Systems, Inc. contract
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Fair Market Value. The price per share of Common Stock on any relevant date as determined in accordance with the following provisions: (1) If the Common Stock is at the time listed on any stock exchange, then the Fair Market Value shall be the closing selling price per share of Common Stock on the date in question on the stock exchange determined by the Board of Directors to be the primary market for the Common Stock, as such price is officially quoted in the composite tape of transactions on such exchange and... published in The Wall Street Journal. If there is no closing selling price for the Common Stock on the date in question, then the Fair Market Value shall be the closing selling price on the last preceding date for which such quotation exists. (2) If the Common Stock is at the time not listed on any stock exchange, then the Fair Market Value shall be determined by the Board of Directors in accordance with Section 409A of the Code after taking into account such factors as the Board of Directors shall deem appropriate View More
Found in EXAGEN INC. contract
Fair Market Value. The price per Per share of Common Stock on any relevant date as shall be determined in accordance with the following provisions: (1) (i) If the Common Stock is at the time traded on Nasdaq, then the Fair Market Value shall be the closing selling price per share of Common Stock on the date in question, as the price is reported by Nasdaq. If there is no closing selling price for the Common Stock on the date in question, then the Fair Market Value shall be the closing selling price on the last... preceding date for which such quotation exists. (ii) If the Common Stock is at the time listed on any stock exchange, then the Fair Market Value shall be the closing selling price per share of Common Stock on the date in question on the stock exchange determined by the Board of Directors to be the primary market for the Common Stock, as such price is officially quoted in the composite tape of transactions on such exchange and published in The Wall Street Journal. exchange. If there is no closing selling price for the Common Stock on the date in question, then the Fair Market Value shall be the closing selling price on the last preceding date for which such quotation exists. (2) (iii) If the Common Stock is at the time not neither listed on any stock exchange, exchange nor traded on Nasdaq, then the Fair Market Value shall be determined in good faith by the Board of Directors in accordance with Section 409A of the Code after taking into account such factors as the Board of Directors shall deem appropriate View More
Found in Andover National Corp contract
Fair Market Value. The price per Per share of Common Stock on any relevant date as shall be determined in accordance with the following provisions: (1) (i) If the Common Stock is at the time listed on any stock exchange, Stock Exchange, then the Fair Market Value shall be the closing selling sales price per share of Common Stock on the date in question on the stock exchange Stock Exchange determined by the Board of Directors to be the primary market for the Common Stock, as such price is officially quoted in the... composite tape of transactions on such exchange and published in The Wall Street Journal. exchange. If there is no closing selling sales price for the Common Stock on the date in question, then the Fair Market Value shall be the closing selling sales price on the last preceding date for which such quotation exists. (2) (ii) If the Common Stock is at the time not neither listed on any stock exchange, Stock Exchange nor traded on the NASDAQ Global Market or the NASDAQ Capital Market, then the Fair Market Value shall be determined by the Board of Directors in accordance with Section 409A of the Code Company after taking into account such factors as the Board of Directors shall deem appropriate appropriate. View More
Found in DGSE COMPANIES INC contract
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Fair Market Value. On, or with respect to, any given date(s), the average of the highest and lowest market prices of the Common Stock, as reported on a public exchange for such date(s) or, if the Common Stock was not traded on such date(s), on the next preceding day or days on which the Common Stock was traded. If at any time the Common Stock is not traded on an exchange, the Fair Market Value of a share of the Common Stock shall be determined in good faith by the Board
Found in Adhera Therapeutics, Inc. contract
Fair Market Value. On, or with respect to, any given date(s), the average of the highest and lowest market prices of the Common Stock, as reported on a public exchange for such date(s) or, if the Common Stock was not traded on such date(s), on the next preceding day or days on which the Common Stock was traded. If at any time the Common Stock is not traded on an exchange, the Fair Market Value of a share of the Common Stock shall be determined in good faith by the Board
Found in Urigen Pharmaceuticals, Inc. contract
Fair Market Value. On, or with respect to, any given date(s), the average of the highest and lowest market prices of the Common Stock, as reported on a public exchange for such date(s) or, if the Common Stock was not traded on such date(s), on the next preceding day or days on which the Common Stock was traded. If at any time the Common Stock is not traded on an exchange, the Fair Market Value of a share of the Common Stock shall be determined in good faith by the Board and such determination shall be conclusive... and binding on all persons. View More
Found in DRONE AVIATION HOLDING CORP. contract
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Fair Market Value. As of any date the closing price of the Common Stock as reported on the NASDAQ Stock Market for that date or, if no closing price is reported for that date, the closing price on the next preceding date for which a closing price is reported, unless otherwise determined by the Committee
Found in FARO Technologies, Inc. contract
Fair Market Value. As of any date the closing price of the Common Stock as reported on the NASDAQ New York Stock Market Exchange for that date or, if no closing price is reported for that date, the closing price on the next preceding date for which a closing price is reported, unless otherwise determined by the Committee Committee.
Found in Bloom Energy Corp contract
Fair Market Value. As of any date the closing price of the Common Stock as reported on the NASDAQ Stock Global Select Market for that date or, if no closing price is reported for that date, the closing price on the next preceding date for which a closing price is reported, unless otherwise determined by the Committee Committee.
Found in Allscripts Healthcare Solutions Inc contract
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Fair Market Value. Means, as of any given date, the closing price per share of Common Stock on the principal exchange or over-the-counter market on which such shares are trading, if any, or as reported on any composite index which includes such principal exchange, or if no trade of the Common Stock shall have been reported for such date, the closing price quoted on such exchange or market for the immediately preceding date on which such shares were traded. The term "closing price" on any given day shall mean the... last reported sales price on such day. If shares of Company Common Stock are not listed or admitted to trading on any exchange, over-the-counter market or any similar organization on any given day, or if the Fair Market Value is being determined in connection with an exercise pursuant to Section 9(b), the Fair Market Value per share of Common Stock shall be determined by the Committee in good faith using any fair and reasonable means selected in its discretion and in accordance with Section 409A of the Code. View More
Found in TETRA Technologies, Inc. contract
Fair Market Value. Means, as As of any given date, the closing price per share of Common Stock on the principal exchange or over-the-counter market on which such shares are trading, if any, or as reported on any composite index which includes such principal exchange, or if no trade of the Common Stock shall have been reported for such date, the closing price quoted on such exchange or market for the immediately preceding date on which such shares were traded. The term "closing price" closing price on any given... day shall mean the last reported sales price on such day. If shares of Company Common Stock are not listed or admitted to trading on any exchange, over-the-counter market or any similar organization on any given day, or if the Fair Market Value is being determined in connection with an exercise pursuant to Section 9(b), the Fair Market Value per share of Common Stock shall be determined by the Committee in good faith using any fair and reasonable means selected in its discretion and in accordance that complies with Section 409A of the Code. View More
Found in Adamis Pharmaceuticals Corp contract
Fair Market Value. Means, as As of any given date, the closing price per share of Common Stock on the principal exchange or over-the-counter market on which such shares are trading, if any, or as reported on any composite index which includes such principal exchange, or if no trade of the Common Stock shall have been reported for such date, the closing price quoted on such exchange or market for the immediately most recent preceding date on which such shares were traded. The term "closing price" on any given day... shall mean (i) if the shares of Common Stock are listed or admitted for trading on a national securities exchange, the last reported sales price on such day. day, or (ii) if the shares of Common Stock are not listed or admitted for trading on a national securities exchange, the last transaction price on such day of the shares of Common Stock on the Nasdaq Market, Inc. ("NASDAQ"). If shares of Company the Common Stock are not listed or admitted to trading on any exchange, over-the-counter market or any similar organization on any given day, or if the Fair Market Value is being determined in connection with an exercise pursuant to Section 9(b), the Fair Market Value per share of Common Stock shall be determined by the Committee in good faith using any fair and reasonable means selected in its discretion and in accordance with Section 409A of the Code. discretion. View More
Found in TETRA Technologies, Inc. contract
Fair Market Value. Means, as As of any given date, the closing price per share of Common Stock on the principal exchange or over-the-counter market on which such shares are trading, if any, or as reported on any composite index which includes such principal exchange, or if no trade of the Common Stock shall have been reported for such date, the closing price quoted on such exchange or market for the immediately most recent preceding date on which such shares were traded. The term "closing price" on any given day... shall mean (i) if the shares of Common Stock are listed or admitted for trading on a national securities exchange, the last reported sales price on such day. day, or (ii) if the shares of Common Stock are not listed or admitted for trading on a national securities exchange, the last transaction price on such day of the shares of Common Stock on the Nasdaq Market, Inc. ("NASDAQ"). If shares of Company the Common Stock are not listed or admitted to trading on any exchange, over-the-counter market or any similar organization on any given day, or if the Fair Market Value is being determined in connection with an exercise pursuant to Section 9(b), the Fair Market Value per share of Common Stock shall be determined by the Committee in good faith using any fair and reasonable means selected in its discretion and in accordance with Section 409A of the Code. discretion. View More
Found in TETRA Technologies, Inc. contract
View Variations (2)
Fair Market Value. As used herein, the term "Fair Market Value" of a share of Common Stock of the Company as of a specified date for the purposes of the Plan shall mean the lower of (i) the average of the Closing Prices (as defined below) for the five (5) trading days immediately preceding the date of grant or (ii) the Closing Price on the date of grant. "Closing Price" for purposes of the Plan shall mean the closing price of a share of the Common Stock on the principal securities exchange (including the Nasdaq... National Market) on which such shares are traded on the relevant date for which Fair Market Value is being determined, or on the next preceding date on which such shares are traded if no shares were traded on such date, or if the shares are not traded on a securities exchange, Fair Market Value shall be deemed to be the average of the high bid and low asked prices of the shares in the over-the-counter market on the relevant date for which Fair Market Value is being determined or on the next preceding date on which such high bid and low asked prices were recorded. If the shares are not publicly traded, Fair Market Value of a share of Common Stock (including, in the case of any repurchase of shares, any distributions with respect thereto which would be repurchased with the shares) shall be determined in good faith by the Board or the Committee. In no case shall Fair Market Value be determined with regard to restrictions other than restrictions which, by their terms, will never lapse. View More
Found in TITAN PHARMACEUTICALS INC contract
Fair Market Value. As used herein, the term "Fair 'Fair Market Value" Value' of a share of Common Stock of the Company as of a specified date for the purposes of the Plan shall mean the lower value of (i) a share of Common Stock determined consistent with the average requirements of Sections 422 and 409A of the Closing Prices (as defined below) for Code as follows: the five (5) trading days immediately preceding arithmetic mean of the high and low sales prices of a share of Common Stock on the date of grant or... (ii) the Closing Price on the date of grant. "Closing Price" for purposes of the Plan shall mean the closing price of a share of the Common Stock on the principal securities exchange (including the Nasdaq National Market) on which such shares are traded on the relevant date for which Fair Market Value is being determined, or on the next preceding date on which such shares are traded if no shares were traded on such date, or if the shares are not traded on a securities exchange, Fair Market Value shall be deemed to be the average of the high bid and low asked prices of the shares Common Stock on the date of grant in the over-the-counter market on which such shares are traded on the relevant date for which Fair Market Value is being determined or on the next preceding date on which such high bid and low asked prices were recorded. determined. If the shares are not publicly traded, Fair Market Value of a share of Common Stock (including, in the case of any repurchase of shares, any distributions with respect thereto which would be repurchased with the shares) shall be determined in good faith by the Board or the Committee. In no case shall Fair Market Value be determined with regard to restrictions other than restrictions which, by their terms, will never lapse. View More
Found in KapStone Paper and Packaging Corporation contract
Fair Market Value. As used herein, the term "Fair Market Value" of a share of Common Stock of the Company as of a specified date for the purposes of the Plan shall mean the lower value of (i) a share of Common Stock determined consistent with the average requirements of Sections 422 and 409A of the Closing Prices (as defined below) for Code as follows: the five (5) trading days immediately preceding arithmetic mean of the high and low sales prices of a share of Common Stock on the date of grant or (ii) the... Closing Price on the date of grant. "Closing Price" for purposes of the Plan shall mean the closing price of a share of the Common Stock on the principal securities exchange (including the Nasdaq National Market) on which such shares are traded on the relevant date for which Fair Market Value is being determined, or on the next preceding date on which such shares are traded if no shares were traded on such date, or if the shares are not traded on a securities exchange, Fair Market Value shall be deemed to be the average of the high bid and low asked prices of the shares Common Stock on the date of grant in the over-the-counter market on which such shares are traded on the relevant date for which Fair Market Value is being determined or on the next preceding date on which such high bid and low asked prices were recorded. determined. If the shares are not publicly traded, Fair Market Value of a share of Common Stock (including, in the case of any repurchase of shares, any distributions with respect thereto which would be repurchased with the shares) shall be determined in good faith by the Board or the Committee. In no case shall Fair Market Value be determined with regard to restrictions other than restrictions which, by their terms, will never lapse. View More
Found in KapStone Paper and Packaging Corporation contract
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