Fair Market Value

Fair Market Value. Of a Share of Common Stock as of any date means the closing sale price for a Share on the principal securities market on which the Shares trade on said date

Fair Market Value. Of Common Stock or another security as of a particular date shall mean the fair market value as determined by the Administrator in its sole discretion; provided, however, (i) if the Common Stock or other security is admitted to trading on a national securities exchange, the fair market value on any date shall be the closing sale price reported on the date of grant, or if no shares were traded on such date, on the last preceding date for which there was a sale of a share of Common Stock or other... security on such exchange, or (ii) if the Common Stock or other security is then traded in an over-the-counter market, the fair market value on any date shall be the average of the closing bid and asked prices for such share of Common Stock or other security in such over-the-counter market for the last preceding date on which there was a sale of such share of Common Stock or other security in such market View More

Fair Market Value. With respect to the relevant date, the fair market value of a share of Stock for such date, as determined by the Committee in good faith and in compliance with Code Section 423. This may include but is not limited to, any of the following valuation methods if the shares of Stock are duly listed on a national securities exchange or on The Nasdaq Stock Market: (a) the closing price of a share of Stock on such date, or, if there are no sales on such date, on the next preceding day on which there... were sales, (b) the last sale before or the first sale after the grant, (c) the closing price on the trading day before or the trading day of the grant, (d) the arithmetic mean of the high and low prices on the trading day before or the trading day of the grant, or (e) an average selling price during a specified period that is within thirty (30) days before or thirty (30) days after the applicable valuation date; provided that the average selling price method described in this clause (e) is irrevocably approved by the Committee for use before the beginning of the specified period (for this purpose, the term average selling price refers to the arithmetic mean of the high and low selling prices on all trading days during the specified period, or the average of such prices over the specified period weighted based on the volume of trading of such Stock on each trading day during such specified period); and provided, further, that the Committee must designate the method for determining the Purchase Price including the period over which the averaging will occur, before the beginning of the specified averaging period. 4 Provided, however, the fair market value shall never be less than the lesser of (i) eighty five percent (85%) of the Stock's fair market value at the time the purchase right is granted; or (ii) eighty five percent (85%) of the Stock's fair market value at the time the shares are purchased. Such price shall be subject to adjustment as provided in Section 16, in accordance with the rules of Code Section 423 View More

Fair Market Value. As of any date the closing transaction price of the Common Stock as reported on The New York Stock Exchange for that date or, if no closing transaction price is reported for that date, the closing transaction price on the next preceding date for which a closing transaction price is reported, unless otherwise determined by the Committee

Fair Market Value. With respect to the Common Stock or other property means the fair market value thereof determined by such methods as shall be established by the Committee from time to time. Unless otherwise determined by the Committee in good faith, the per share Fair Market Value of the Common Stock as of the Change in Control Date shall be the price per share deemed to be paid for each share of Common Stock as part of the Change in Control.

Fair Market Value. With respect to any asset or security, the fair market value of such asset or security, as between a willing buyer and a willing seller not under a compulsion to buy or sell in an arms'-length transaction occurring on the date of the valuation, as reasonably determined in Good Faith by the Board; it being understood that, (i) with respect to a security that is listed on a national securities exchange, Fair Market Value shall mean the volume weighted average of the closing prices of such... security over the thirty (30) day period ending one (1) Business Day prior to the date of measurement, and (ii) with respect to a security that is traded over-the-counter, Fair Market Value shall mean the volume weighted average of the closing bid prices over the thirty (30) day trading period ending one (1) Business Day prior to the date of measurement. For the avoidance of doubt, (a) the Fair Market Value of any incentive-based equity interests granted by the Company with a liquidation value of $0, as reasonably determined in Good Faith by the Board at the time of issuance, shall be $0, and (b) no issuance of Shares within three (3) months following the date first set forth above at a price per Share of $[●] or more, in connection with the issuance of Common Units of AI PAVE & Cy S.C.Sp at a price per Common Unit of $[●] or more, shall be deemed a Below Market Transaction View More

Fair Market Value. As of any date, the value of the Common Stock determined as follows: (i) If the Common Stock has an established market by virtue of being listed or quoted on any registered stock exchange, the Fair Market Value of a share of Common Stock shall be the closing sales price for such a share of Common Stock (or the closing bid price, if applicable) on such exchange (or, if the Common Stock is listed or traded on more than one registered exchange, on the exchange with the greatest volume of trading... in the Common Stock) on the day of determination (or if no such price is reported on that day, on the last market trading day prior to the day of determination), as reported in The Wall Street Journal or such other source as the Committee deems reliable. (ii) In the absence of any listing or quotation of the Common Stock on any such registered exchange, the Fair Market Value shall be determined in good faith by the Committee. View More

Fair Market Value. Or "FMV" shall have the meaning set forth for such term in the Plan.

Fair Market Value. As of any date means, unless otherwise expressly provided in the Plan, the fair market value of a Share determined as follows: (i) If the Shares are then readily tradable on an established securities market (as determined under Code Section 409A), then Fair Market Value will be the closing sale price for a Share on the principal securities market on which it trades on such date, or if no sale of Shares occurred on that date, on the next preceding date on which a sale of Shares occurred, as... reported in The Wall Street Journal or such other source as the Committee deems reliable; or (ii) If clause (i) is inapplicable, then Fair Market Value will be determined by the Committee as the result of a reasonable application of a reasonable valuation method that satisfies the requirements of Code Section 409A. In the case of an Incentive Stock Option, if this determination of Fair Market Value is not consistent with the then current regulations of the Secretary of the Treasury, Fair Market Value shall be determined in accordance with those regulations. The determination of Fair Market Value shall be subject to adjustment as provided in Plan Section 17. View More

Fair Market Value. With respect to the Company, the net amount that the Company would have for distribution to its Members if it sold all of its assets for the amount a willing buyer would pay to a willing seller in an arm's length transaction, and paid its obligations and liabilities.