Fair Market Value

Fair Market Value. Means "Fair Market Value" as defined in the Equity Plan.

Fair Market Value. The fair market value per share of Stock as determined by the Committee under any method of determining fair market value as shall be permissible under the Code and the rules and regulations thereunder

Fair Market Value. As of any date, in the absence of an established public trading market, the value of a share of Class B Non-Voting Membership Units determined in good faith by the Board

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. Unless otherwise determined by the Committee, the Fair Market Value of Stock shall be the closing sale price per share of Stock reported on a consolidated basis for securities listed on the principal stock exchange or market on which Stock is traded on the day as of which such value is being determined or, if there is no sale on that day, then... on the last previous day on which a sale was reported; provided however, that Fair Market Value relating to the exercise price or base price of any Non-409A Option or SAR shall conform to requirements so as to exempt them from Code Section 409A. View More

Fair Market Value. Of a Warrant Share means, as of any date: (a) if the Common Stock is listed on the NASDAQ Stock Market or another U.S. national securities exchange, the average of the closing prices of the Common Stock on such market over the ten-trading-day period ending on the trading day immediately prior to such date (as determined by reference to the screen entitled "SMTC HP" as reported by Bloomberg L.P., without regard to pre-open or after hours trading outside of any regular trading sessions for any...eduled trading day on such trading day); (b) if the Common Stock is not listed on the NASDAQ Stock Market or another U.S. national securities exchange, the average of the quoted sale prices of the Common Stock in the over-the-counter market as reported by OTC Markets Group Inc. or other similar organization over the ten-trading-day period ending on the trading day immediately prior to such date (as determined by reference to the screen entitled "SMTC HP" as reported by Bloomberg L.P., without regard to pre-open or after hours trading outside of any regular trading sessions for any such scheduled trading day on such trading day); or (c) otherwise, the fair market value of a share of Common Stock shall be the price that would be negotiated in an arm's-length transaction for cash between a willing seller and a willing and able buyer, both having full knowledge of the relevant facts and neither of which is under any compulsion to complete the transaction, without regard for control premiums or minority or illiquidity discounts, as such price is determined by the Board; provided, that, the Company shall give the Holder prompt written notice of any such determination, together with reasonable data to support such determination, and, if the Holder objects to any such determination within three Business Days after receiving notice of the same, the Fair Market Value shall be the fair market value of a share of Common Stock that would be negotiated in an arm's-length transaction for cash between a willing seller and a willing and able buyer, both having full knowledge of the relevant facts and neither of which is under any compulsion to complete the transaction, without regard for control premiums or minority or illiquidity discounts as determined by an independent appraiser selected in good faith by the Board and reasonably acceptable to the Holder, the fees and expenses of which shall be borne by the Company (unless such appraiser's determination of the Fair Market Value is not greater than 105% or less than 95% of the Fair Market Value as determined by the Board, in which case the cost of such appraiser shall be borne by the Holder), and the determination of such appraiser shall be final and binding on the Company and the Holder for the purpose of determining Fair Market Value View More

Fair Market Value. Shall mean (i) the closing sales price per share of Common Stock on the U.S. national securities exchange or over-the-counter market on which the Common Stock is principally traded on the date on which Fair Market Value is being determined or (ii) if the shares of Common Stock are not then listed on any national securities exchange or traded in an over-the-counter market or the value of such shares is not otherwise determinable, such value as reasonably determined by the Administrator in good... faith and, to the extent necessary, in accordance with the requirements of Section 409A of the Code. View More

Fair Market Value. As of any date, unless otherwise required by any applicable provision of the Code or any regulations thereunder, the mean between the high and low sales price of a Share on the trading day immediately preceding such date, as reported on any established securities exchange or national market system on which the Shares are then listed or admitted to trading (or the closing bid, if no sales were reported), or, if not so reported, the fair market value as determined pursuant to a reasonable method... adopted by the Committee in good faith for such purpose in accordance with applicable law View More

Fair Market Value. As of any date, the value of the shares of Common Stock as determined below. If the shares are listed on any established stock exchange or a national market system, including, without limitation, the NASDAQ Stock Market, the Fair Market Value shall be the closing selling price of a share (or if no sales were reported, the closing price on the date immediately preceding such date) at the close of regular hours trading (i.e., before after-hours trading begins) as quoted on such exchange or system... on the day of determination, as reported by the National Association of Securities Dealers (if primarily traded on the Nasdaq Global or Global Select Market) or as officially quoted in the composite tape of transactions on any other Stock Exchange on which the Common Stock is then primarily traded. In the absence of an established market for the shares, the Fair Market Value shall be determined in good faith by the Committee and such determination shall be conclusive and binding on all persons View More

Fair Market Value. Means, as of any date, the value of Common Units or other equity securities issuable hereunder determined as follows: (a) if such Common Unit or such other equity security (including shares of Class A Common Stock or Class C Common Stock), as applicable, is publicly traded and is then listed on a national securities exchange, its closing price on the date of determination on the principal national securities exchange on which the Unit is listed or admitted to trading as reported by Yahoo.com... (or any newspaper or other source as the Board may determine); (b) if such Common Unit or such other equity security (including Class A Common Stock or Class C Common Stock), as applicable, is publicly traded but is not quoted on the Nasdaq National Market nor listed or admitted to trading on a national securities exchange, the average of the closing bid and asked prices on the date of determination as reported by Yahoo.com (or, if not so reported, as otherwise reported by any newspaper or other source as the Board may determine); or (c) if none of the foregoing is applicable, by the Committee in good faith. View More

Fair Market Value. With respect to any share of Common Stock as of any date of reference, shall be determined in good faith by the Committee on the basis of such considerations as the Committee deems appropriate from time to time, including, but not limited to, such factors as the closing price for a share of Common Stock on such day (or, if such day is not a trading day, on the next trading day) on the principal United States exchange on which the Common Stock then regularly trades, the average of the closing... bid and asked prices for a share of Common Stock on such exchange on the date of reference, or the average of the high and low sales price of a share of Common Stock on such exchange on the date of reference. In the case of an Award subject to Section 409A of the Code, "Fair Market Value" shall be determined in accordance with Section 409A of the Code to the extent necessary to exempt an Award from the application of Section 409A. View More