Fair Market Value

Fair Market Value. Of the Stock means, as of any applicable date (other than on the Effective Date) the mean between the high and low prices of the Stock as reported on the New York Stock Exchange Composite Tape, or if no such reported sale of the Stock shall have occurred on such date, on the next preceding date on which there was such a reported sale, provided, however, that if the Stock is acquired and sold in a simultaneous sale pursuant to the provisions of Article 8(a)(iv), Fair Market Value means the price... received upon such sale. Solely as of the effective date of the IPO, Fair Market Value of the Stock means the price to the public pursuant to the form of final prospectus used in connection with the IPO, as indicated on the cover page of such prospectus or otherwise. View More

Fair Market Value. As of any applicable date, (i) if the principal securities market on which the Non-Voting Common Stock is traded is a national securities exchange, The Nasdaq National Market (“NNM”) or The Nasdaq SmallCap Market (“NSM”), the closing price of the Non-Voting Common Stock on such exchange, the NNM or the NSM, as the case may be, as of the applicable date, or if no sale of the Non-Voting Common Stock shall have occurred on such date, on the next preceding date on which there was a reported sale;... (ii) if the principal securities market on which the Non-Voting Common Stock is traded is not a national securities exchange, the NNM or the NSM, the average of the bid and asked prices reported by the National Quotation Bureau, Inc.; (iii) if not reported by the National Quotation Board, the closing price of a share of Non-Voting Common Stock on the date of grant as reported on the OTC Bulletin Board; or (iv) if the price of the Non-Voting Common Stock is not so reported, the Board of Directors’ good faith determination of the fair value of one share of Non-Voting Common Stock as of the applicable reference date, which determination shall be consistent with the requirements of Section 409A of the Code View More

Fair Market Value. The fair market value of Stock, Awards or other property as determined by the Committee or under procedures established by the Committee in accordance with the requirements of Section 409A of the Code. Unless otherwise determined by the Committee, the Fair Market Value of Stock shall be the mean between the highest and lowest sales prices reported on a composite basis for Stock traded on the principal securities exchange or automated quotation system on which Stock is then traded, on the date... of the determination or, if there was no trade reported for that date or the Committee so directs, on the latest date for which a trade was reported View More

Fair Market Value. Shall have the meaning specified in the Stockholders Agreement

Fair Market Value. Shall mean the fair market value per share of Common Stock, as determined in good faith by the Board of Directors of the Company, from time to time. Notwithstanding the forgoing, (i) in the event this Warrant is exercised in connection with a Change of Control, the Fair Market Value of the Common Stock shall be equal to the per share consideration paid for a share of Common Stock in such Change of Control transaction, and (ii) in the event that this Warrant is exercised in connection with an... Initial Public Offering, the Fair Market Value of the Common Sock shall be equal to the price at which shares of Common Stock are sold in such offering. View More

Fair Market Value. As to any particular day, the closing price quoted for a share of Common Stock trading on the New York Stock Exchange on that day, or if no such prices were quoted for the shares of Common Stock on the New York Stock Exchange for that day, the closing price quoted on the last prior Business Day on which prices were quoted. The closing price for the shares of Common Stock shall be that published in the edition of The Wall Street Journal or any successor publication for the next Business Day

Fair Market Value. As of any date and provided that the Common Stock is listed on a regulated market of the European Union or on the Nasdaq System or on the New York Stock Exchange in the United States of America, the per share fair market value determined by reference to a closing sales price of one share on such stock exchange market for the day prior to the day of the decision of the Administrator to grant the Option as quoted on such exchange or system and reported in The Wall Street Journal or such other... source as the Administrator deems reliable; provided, however, that the Fair Market Value shall in no case be less than ninety-five percent (95%) of the average of the closing sales price for a share as quoted on said stock exchange market during the twenty (20) market trading days prior to the day of the Administrator's decision to grant the Option (or the average closing bid for such twenty (20) day period, if no sales were reported); it being specified that, when an Option entitles the holder to purchase shares previously repurchased by the Company, the exercise price, notwithstanding the above provisions and in accordance with applicable law, may not be less than 80% of the average purchase price paid by the Company for all shares so previously repurchased. The price settled for the subscription or purchase of Shares shall not be modified during the period in which the Option may be exercised (other than an adjustment pursuant to Section 13 below or as necessary to comply with applicable laws or regulations). View More