Fair Market Value

Fair Market Value. Means: (a) As to securities regularly traded in the organized securities markets, the Average Market Value; and (b) As to all securities not regularly traded in the securities markets and all other property, the fair market value of such securities or property as determined in good faith by the Board of Directors of the Company at the time the rights represented by this Warrant have been exercised in accordance herewith or at the time such Board authorizes the transaction requiring a... determination of Fair Market Value under this Warrant, as the case may be. View More

Fair Market Value. The highest price per share of Common Stock that the COMPANY could obtain from a willing buyer (not a current employee or director) for shares of Common Stock sold by the COMPANY, from authorized but unissued shares, as determined in good faith by the Board of Directors of the COMPANY, unless COMPANY will become subject to a merger, acquisition or other consolidation pursuant to which the COMPANY is not the surviving party, in which case the current fair market value of share of Common Stock... will be deemed to be the value received by the holders of the COMPANY's Common Stock for each share of Common Stock pursuant to the COMPANY's acquisition. View More

Fair Market Value. With respect to the Common Stock, such price as the Committee determines in good faith in the exercise of its reasonable discretion

Fair Market Value. The fair market value of Stock, Awards or other property as determined in good faith by the Committee or under procedures established by the Committee. Fair Market Value relating to the exercise price or base price of any Option or SAR and relating to the market value of Stock measured at the time of exercise shall be determined in accordance with applicable requirements under Code Section 409A, including without limitation, the requirements specified in Treasury Regulation Section... 1.409A-1(b)(5)(iv). View More

Fair Market Value. Means, as of any date, the value of the Common Stock determined in good faith by the Board in its discretion.

Fair Market Value. Shall have the meaning as defined in the Plan.

Fair Market Value. The average price that the stock in question is publicly trading [***], the [***].

Fair Market Value. Means, as of any particular date, the value of the Share Units or Shares as determined by the Board in good faith, which valuation will be provided to Executive in conjunction with the Board's determination, provided that (i) prior to a Qualified Event, "Fair Market Value" of a Share or Share Unit shall be determined by reference to the valuation performed by Real Globe Advisors, LLC ("Real Globe") as of December 31, 2013, or such other subsequent similar valuation report performed by Real... Globe or other third party advisory firm engaged by the Board to estimate the value of a Share Unit or Share on a fully diluted basis, using methodologies and assumptions substantially similar to those used in prior valuations and (ii) if Shares are admitted to trading on the New York Stock Exchange, NASDAQ or on any other nationally recognized stock exchange, "Fair Market Value" of a Share on any such date shall be the closing price reported for such Share on such exchange on the last date preceding such date on which a sale was reported. View More

Fair Market Value. Means (i) if the Stock is listed on a national securities exchange, the closing price reported on the primary exchange with which the Stock is listed and traded on the date of grant, or if there is no such sale on that date, then on the last preceding date on which such a sale was reported, or (ii) if the Stock is not listed on any national securities exchange but is listed on the Nasdaq National Market System, the last sale price reported on the date of grant, or, if there is no such sale on... that date then on the last preceding date on which such a sale was reported. If the Stock is not listed on a national securities exchange or the Nasdaq National Market System, the Fair Market Value means the amount determined by the Board in good faith to be the fair market value per share of Stock, on a fully diluted basis. View More

Fair Market Value. Means, as of any particular date, the value of the Retail/Non-Core, Lodging or Student Housing Share Units, as applicable, or REIT Shares, Lodging Shares or Student Housing Shares, as applicable, as determined by the Board in good faith, which valuation will be provided to Executive in conjunction with the Board's determination, provided that (i) prior to a Retail/Non-Core Qualified Event, Lodging Qualified Event or Student Housing Qualified Event, as applicable, "Fair Market Value" of a... Retail/Non-Core, Lodging or Student Housing Share Unit, as applicable, or REIT Share, Lodging Share or Student Housing Share, as applicable, shall be determined by reference to the valuation performed by Real Globe Advisors, LLC ("Real Globe") as of December 31, 2013 (the "2013 Report"), or such other subsequent similar valuation report performed by Real Globe or other third party advisory firm engaged by the Board to estimate the value of a Retail/Non-Core Unit, Lodging Share Unit and Student Housing Share Unit or Retail/Non-Core Share, Lodging Share or Student Housing Share, each as applicable, on a fully diluted basis, using methodologies and assumptions substantially similar to those used in prior valuations and (ii) if the REIT Shares, Lodging Shares or Student Housing Shares, as applicable, are admitted to trading on the New York Stock Exchange, NASDAQ or on any other nationally recognized stock exchange, "Fair Market Value" of a REIT Share, Lodging Share or Student Housing Share, as applicable, on any such date shall be the closing price reported for such Share on such exchange on (A) the last date preceding such date on which a sale was reported or (B) the date of a Retail/Non-Core Qualified Event, Lodging Qualified Event or Student Housing Qualified Event, as applicable. View More