Fair Market Value. On any date shall mean, except as otherwise provided in the applicable offering, with respect to Shares as of any date, (i) the closing per-share sales price of the Shares (A) as reported by the NASDAQ Global Select Market for such date or (B) if the Shares are listed on any other national stock exchange, as reported on the stock exchange composite tape for securities traded on such stock exchange for such date or, with respect to each of clauses (A) and (B), if there were no sales on such... date, on the closest preceding date on which there were sales of Shares or (ii) in the event there shall be no public market for the Shares on such date, the fair market value of the Shares as determined in good faith by the CommitteeView More
Fair Market Value. On any date shall mean, except as otherwise provided in the applicable offering, with With respect to Shares the Shares, as of any date, (i) the closing per-share sales price of the Shares (A) as reported by the NASDAQ Global Select Market NYSE composite tape for such date or (B) if the Shares are no longer listed on the NYSE but are listed on any other national stock exchange, exchange or national market system, as reported on the stock exchange composite tape for securities traded on such ... class="diff-color-red">stock exchange for such date date, or, with respect to each of clauses (A) and (B), if there were no sales on such date, on the closest preceding date on which there were sales of Shares or Shares, or, (ii) in the event there shall be no public market for the Shares on such date, the fair market value of the Shares as determined in good faith by the Committee upon the reasonable application of a reasonable valuation method. View More
Fair Market Value. On a given date, (i) if there should be a public market for the Common Stock on such date, the arithmetic mean of the high and low prices of the Common Stock as reported on such date on the Composite Tape of the principal national securities exchange on which shares of Common Stock are listed or admitted to trading, or, if shares of Common Stock are not listed or admitted on any national securities exchange, the arithmetic mean of the per share closing bid price and per share closing asked... price of the Common Stock on such date as quoted on the National Association of Securities Dealers Automated Quotation System (or such market in which such prices are regularly quoted) (the NASDAQ), or, if no sale of shares of Common Stock shall have been reported on the Composite Tape of any national securities exchange or quoted on the NASDAQ on such date, then the immediately preceding date on which sales of shares of Common Stock have been so reported or quoted shall be used, and (ii) if there should not be a public market for the Common Stock on such date, the Fair Market Value shall be the value established by the Committee in good faithView More
Fair Market Value. On Shall mean, as of any date, the value of a given date, Share determined as follows: (i) if there should be a public market for the Common Stock a Share on such date, the arithmetic mean closing price of the high and low prices of the Common Stock a Share as reported on such date on the Composite Tape of the principal national securities exchange on which shares of Common Stock are such Share is listed or admitted to trading, or, or if shares of Common Stock are the Share is not listed or... admitted on any national securities exchange, the arithmetic mean of the per share Share closing bid price and per share Share closing asked price of the Common Stock on such date as quoted on the National Association of Securities Dealers Automated Quotation System (or such market in which such prices are regularly quoted) (the NASDAQ), ("NASDAQ"), or, if no sale of shares of Common Stock a Share shall have been reported on the Composite Tape of any national securities exchange or quoted on the NASDAQ on such date, then the immediately preceding date on which sales of shares of Common Stock have a Share has been so reported or quoted shall be used, and (ii) if there should not be a public market for the Common Stock a Share on such date, the then Fair Market Value shall be the value established by the Committee price determined in good faith by the Board (or a committee thereof). View More
Fair Market Value. Means, with respect to any security or other property, the fair market value of such security or other property, as determined by the Board acting in good faith, assuming a willing buyer and a willing seller, provided that no minority or illiquidity discount shall be taken into account and no consideration shall be given to any restrictions on transfer, or to the existence or absence of, or any limitations on, voting rights.
Fair Market Value. Means, with respect to any security or other property, the fair market value of such security or other property, property as determined by the Board Board, acting in good faith, assuming a willing buyer and a willing seller, provided that no minority or illiquidity discount or control premium shall be taken into account and no consideration shall be given to any restrictions on transfer, transfer or to the existence or absence of, or any limitations on, voting rights. If the Warrantholder does... not accept the Board's calculation of Fair Market Value and the Warrantholder and the Company are unable to agree on Fair Market Value, the procedures described in Section 15 shall be used to determine Fair Market Value. View More
Fair Market Value. With respect to a share of Common Stock as of a given date, the closing price per share of Common Stock on such date (or if such date is not a trading day, then on the next preceding trading date), as reported on the NASDAQ Stock Market or other principal exchange on which the Common Stock is then listed, or if not so listed, Fair Market Value shall be such value as determined by the Board in its discretion and, to the extent necessary, shall be determined in a manner consistent with Section... 409A of the Code and the regulations thereunderView More
Fair Market Value. With respect to a share of Common Stock as of a given date, the closing price average of the highest and lowest sales prices per share of Common Stock on such date (or if such date is not a trading day, then on the next preceding trading date), as reported on the NASDAQ Stock Market or other principal exchange on which the Common Stock is then listed, or if not so listed, Fair "Fair Market Value Value" shall be such value as determined by the Board in its discretion and, to the extent... necessary, shall be determined in a manner consistent with Section 409A of the Code and the regulations thereunder thereunder. View More
Fair Market Value. Shall mean the closing sale price (or average of the quoted closing bid and asked prices if there is no closing sale price reported) of the Common Stock on the date specified as reported by the principal national stock exchange on which the Common Stock is then listed or. if there is no reported price information for the Common Stock, the Fair Market Value will he determined by the Committee in its sole discretion or in such other manner as may be specified by agreement with a Participant. In... making such determination, the Committee may, but shall not be obligated to, rely upon an independent appraisal of the Common Stock, which may be commissioned by the Committee.View More
Fair Market Value. Shall mean Means the closing sale price (or average of the quoted closing bid and asked prices if there is no closing sale price reported) of the Common Stock on the date specified as reported by the principal national stock exchange or trading system on which the Common Stock is then listed or. if or traded. If there is no reported price information for the Common Stock, the Fair Market Value will he be determined by the Committee Board or the Committee, in its sole discretion or in such other... manner as may be specified by agreement with a Participant. discretion. In making such determination, the Board or the Committee may, but shall not be obligated to, commission and rely upon an independent appraisal of the Common Stock, which may be commissioned by the Committee. Stock. View More
Fair Market Value. The fair market value of a share of Common Stock as of a particular date (the "Determination Date") as follows: (a) If the Common Stock is traded on the NASDAQ Capital Market ("NASDAQ") or another national exchange, then the closing sale price reported for the last Business Day immediately preceding the Determination Date. (b) If the Common Stock is not traded on NASDAQ or another national exchange but is traded on the OTC Bulletin Board, then the mean of the average of the closing bid and... asked prices reported for the last Business Day immediately preceding the Determination Date. (c) Except as provided in clause (d) of this definition below, if the Common Stock is not then publicly traded, then as the Holder and the Company agree, or in the absence of agreement, as determined by arbitration in accordance with Section 20 hereof. (d) If the Determination Date is the date of a liquidation, dissolution or winding up, or any event deemed to be a liquidation, dissolution or winding up pursuant to the Company's charter, then all amounts to be payable per share to holders of the Common Stock pursuant to the charter in the event of such liquidation, dissolution or winding up, plus all other amounts to be payable per share in respect of the Common Stock in liquidation under the charter, assuming for the purposes of this clause (d) that all of the shares of Common Stock then issuable upon exercise of this Warrant are outstanding at the Determination Date.View More
Fair Market Value. The fair market value of Of a share of Common Stock as of a particular date (the "Determination Date") as follows: means: (a) If the Company's Common Stock is traded on the NASDAQ Capital Market ("NASDAQ") a registered national securities exchange or another national exchange, then the closing sale price reported for the last Business Day immediately preceding the Determination Date. (b) If the Common Stock is not traded quoted on NASDAQ or another national exchange but is traded on the OTC... Bulletin Board, then the mean of closing or last sale price, respectively, reported for the last business day immediately preceding the Determination Date; (b) If the principal market for the Company's Common Stock is the Pink Sheets, then the average of the closing bid and asked ask prices reported for the last Business Day trading day immediately preceding the Determination Date. Date; (c) Except as provided in clause (d) of this definition below, if the Company's Common Stock is not then publicly traded, then as the Holder and the Company agree, or in the absence of such an agreement, as determined by arbitration in accordance with Section 20 hereof. the rules then standing of the American Arbitration Association, before a single arbitrator to be chosen from a panel of persons qualified by education and training to pass on the matter to be decided; or (d) If the Determination Date is the date of a liquidation, dissolution or winding up, or any event deemed to be a liquidation, dissolution or winding up pursuant to the Company's charter, then all amounts to be payable per share to holders of the Common Stock pursuant to the charter in the event of such liquidation, dissolution or winding up, plus all other amounts to be payable per share in respect of the Common Stock in liquidation under the charter, assuming for the purposes of this clause (d) that all of the shares of Common Stock then issuable upon exercise of this the Warrant are outstanding at the Determination Date. View More
Fair Market Value. For any given date, the average of the highest and lowest per-share sales prices for Shares during normal business hours on the NYSE for the immediately preceding trading date, as reported by such source as the Committee may select. Effective December 8, 2008, Fair Market Value means, for any given date, the closing per-share sales price for Shares on the NYSE for that date, or if the Shares were not traded on the NYSE for that date, then on the most recent preceding date on which the Shares... were traded, as reported by the official website of the NYSEView More
Fair Market Value. For With respect to a Share as of any given date, the average of the highest and lowest per-share sales prices for Shares a Share during normal business hours on the NYSE New York Stock Exchange (the "NYSE") for the immediately preceding trading date, or if the Shares were not traded on the NYSE on such date, then on the next preceding date on which the Shares were traded, all as reported by such source as the Committee may select. Effective December 8, 15, 2008, Fair Market Value means, for with respect to a Share as of any given date, the closing per-share sales price for Shares a Share on the NYSE for that date, or if the Shares were not traded on the NYSE for that date, then on the most recent preceding date on which the Shares were traded, as reported by the official website of the NYSE
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Fair Market Value. With respect to Shares or other property on a day, the fair market value of such Shares or other property determined by such methods or procedures as shall be established from time to time by the Committee. If the Shares are listed on any established stock exchange or a national market system, unless otherwise determined by the Committee in good faith, the Fair Market Value of Shares on a day shall mean the closing price per Share on the day (or, if the Shares were not traded on that day, the... next preceding day that the Shares were traded) on the principal exchange or market system on which the Shares are traded, as such prices are officially quoted on such exchange.View More
Fair Market Value. With respect to Shares or other property on a day, property, the fair market value of such Shares or other property determined by such methods or procedures as shall be established from time to time by the Committee. Granting Authority. If the Shares are listed on any established stock exchange or a national market system, unless otherwise determined by the Committee in good faith, the Fair Market Value of Shares on a day shall mean the closing price per Share on the day date of the grant (or,... if the Shares were not traded on that day, the next preceding day that the Shares were are traded) on the principal exchange or market system on which the Shares are traded, as such prices are officially quoted on such exchange. View More
Fair Market Value. Per Share as of a particular date means (i) if Shares are then listed on a national stock exchange, the closing sales price per Share on the exchange for the last preceding date on which there was a sale of Shares on such exchange, as determined by the Committee, (ii) if Shares are not then listed on a national stock exchange but are then traded on an over-the-counter market, the average of the closing bid and asked prices for the Shares in such over-the-counter market for the last preceding... date on which there was a sale of such Shares in such market, as determined by the Committee, or (iii) if Shares are not then listed on a national stock exchange or traded on an over-the-counter market, such value as the Committee in its discretion may in good faith determine; provided that, where the Shares are so listed or traded, the Committee may make such discretionary determinations where the Shares have not been traded for 10 trading daysView More
Fair Market Value. Per Of a Share as of a particular date means (i) the fair market value of a Share as determined by the Committee using any reasonable method and in good faith (such determination will be made in a manner that satisfies Section 409A of the Code and in good-faith as required by Section 422(c)(1) of the Code); provided that (a) if Shares are then listed on a national stock exchange, the closing sales price per Share on the principal national stock exchange for on which Shares are listed on such... date (or, if such date is not a trading date on which there was a sale of such Shares on such exchange, the last preceding date on which there was a sale of Shares on such exchange, as determined by the Committee, (ii) exchange), (b) if Shares are not then listed on a national stock exchange but are then traded on an over-the-counter market, the average of the closing bid and asked prices for the Shares in such the principal over-the-counter market on which Shares are traded on such date (or, if such date is not a trading date on which there was a sale of Shares on such market, for the last preceding date on which there was a sale of such Shares in such market, as determined by the Committee, market), or (iii) (c) if Shares are not then listed on a national stock exchange or traded on an over-the-counter market, such value as the Committee in its discretion may in good faith determine; provided that, where the Shares are so listed or traded, the Committee may make such discretionary determinations where the Shares have not been traded for 10 trading days days. View More