Market Price

Example Definitions of "Market Price"
Market Price. Shall mean, on any date specified herein, the amount per share of the Common Stock, equal to (i) the last reported sale price of such Common Stock, regular way, on such date or, in case no such sale takes place on such date, the average of the closing bid and asked prices thereof regular way on such date, in either case as officially reported on the principal national securities exchange on which such Common Stock is then listed or admitted for trading, (ii) if such Common Stock is not then... listed or admitted for trading on any national securities exchange but is designated as a national market system security by the NASD, the last reported trading price of the Common Stock on such date, (iii) if there shall have been no trading on such date or if the Common Stock is not so designated, the average of the closing bid and asked prices of the Common Stock on such date as shown by the NASD automated quotation system, or (iv) if such Common Stock is not then listed or admitted for trading on any national exchange or quoted in the over-the-counter market, the fair value thereof (as of a date which is within 20 days of the date as of which the determination is to be made) determined in good faith by the Board of Directors of the Company. View More Arrow
Found in STARBAND COMMUNICATIONS INC contract
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Market Price. Shall mean, on On any date specified herein, with respect to any security, the amount per share of the Common Stock, such security equal to (i) the last reported sale price of such Common Stock, security, regular way, on such date or, in case no such sale takes place on such date, the average of the closing bid and asked prices thereof regular way on such date, in either case as officially reported on the principal national securities exchange on which such Common Stock security is then listed... or admitted for trading, (ii) if such Common Stock security is not then listed or admitted for trading on any national securities exchange but is designated as a national market system security by the NASD, the last reported trading price of the Common Stock such security on such date, (iii) if there shall have been no trading on such date or if the Common Stock such security is not so designated, the average of the closing bid and asked prices of the Common Stock such security on such date as shown by the NASD automated quotation system, or (iv) if trading in such Common Stock security is quoted in the over-the-counter market, the average of the closing bid and asked prices of the security on such date as shown on the OTC Bulletin Board, or (v) if such security is not then listed or admitted for trading on any national exchange or quoted in the over-the-counter market, the fair value thereof (as of a date which is within 20 days of the date as of which the determination is to be made) determined in good faith by a committee of the Company's Board of Directors consisting of directors who are not Affiliates of the Company. Company, or the Initial Holders; provided, however, that at the request of a Holder, the Market Price shall be determined in good faith by an independent investment banking firm selected jointly by the Company and the Initial Holders or, if that selection cannot be made within 10 days, by an independent investment banking firm selected by the American Arbitration Association in accordance with its rules, and provided, further, that the Company shall pay all of the fees and expenses of any third parties incurred in connection with determining the Market Price. View More Arrow
Found in DSW Inc. contract
Market Price. Shall mean, on On any date specified herein, the amount per share of the Common Stock, Stock equal to (i) (a) the last reported sale price of such Common Stock, regular way, on such date or, in case if no such sale takes place on such date, the average of the closing bid and asked prices thereof regular way on such date, in either each case as officially reported on the principal national securities exchange on which such Common Stock is then listed or admitted for to trading, (ii) or (b) if ... class="diff-color-red">such Common Stock is not then listed or admitted for to trading on any national securities exchange but is designated as a national market system security by the NASD, the last reported trading price of the Common Stock on such date, (iii) or (c) if there shall have been no trading on such date or if the Common Stock is not so designated, the average of the closing bid and asked prices of the Common Stock on such date as shown by the NASD automated quotation system, or (iv) (d) if such Common Stock is not then listed or admitted for to trading on any national exchange or quoted in the over-the-counter market, or if the asset to be valued is property, then the fair value thereof (as determined in good faith by the Board of Directors of the Company as of a date which is within 20 15 days of the date as of which the determination is to be made) determined in good faith by the Board of Directors of the Company. made. View More Arrow
Found in IPG Photonics Corp. contract
Market Price. Shall mean, Per share of Common Stock on any date specified herein, the amount per share of the Common Stock, equal to (i) (a) the last reported sale price on such date of such Common Stock, regular way, on such date Stock or, in case if no such sale takes place on such date, the average of the closing bid and asked prices thereof regular way on such date, in either each case as officially reported on the principal national securities exchange on which such Common Stock is then listed or... admitted for to trading, (ii) or (b) if such Common Stock is not then listed or admitted for trading on any national securities exchange but is designated designated, as a national market system security by the NASD, National Association of Securities Dealers, Inc., but is trading on either the over-the-counter market on the OTC Bulletin Board or the "Pink Sheets", the last sale price as reported trading price of the Common Stock on such date, (iii) if there shall have been no trading on such date or if the Common Stock is not so designated, the average of the closing bid and asked prices of the Common Stock on such date as shown by the NASD automated quotation system, National Quotation Bureau, or (iv) (c) if such Common Stock neither (a) nor (b) is not then listed or admitted for trading on any national exchange or quoted in the over-the-counter market, applicable, a price per share thereof equal to the fair value thereof (as determined in good faith by a resolution of the Board of Directors of the Company as of a date which is within 20 15 days of the date as of which the determination is to be made) determined in good faith by the Board of Directors of the Company. made. View More Arrow
Found in GUIDED THERAPEUTICS INC contract
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Market Price. Of any security means the average of the closing prices of such security's sales on all securities exchanges on which such security may at the time be listed, or, if there has been no sales on any such exchange on any day, the average of the highest bid and lowest asked prices on all such exchanges at the end of such day, or, if on any day such security is not so listed, the average of the representative bid and asked prices quoted in the NASDAQ System as of 4:00 P.M., New York time, or, if on... any day such security is not quoted in the NASDAQ System, the average of the highest bid and lowest asked prices on such day in the domestic over-the-counter market as reported by the National Quotation Bureau, Incorporated, or any similar successor organization, in each such case averaged over a period of 21 days consisting of the day as of which "Market Price" is being determined and the 20 consecutive business days prior to such day. If at any time such security is not listed on any securities exchange or quoted in the NASDAQ System or the over-the-counter market, the "Market Price" shall be the fair value thereof determined jointly by the Company and the holders of a majority of the Shares. If such parties are unable to reach agreement within a reasonable period of time, such fair value shall be determined by an independent appraiser experienced in valuing securities jointly selected by the Company and the holders of a majority of the Shares. The determination of such appraiser shall be final and binding upon the parties, and the Company shall pay the fees and expenses of such appraiser. View More Arrow
Found in NTELOS INC contract
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Market Price. Of Means as to any security means the average of the closing prices of such security's sales on all domestic securities exchanges on which such security may at the time be listed, listed or quoted, including for this purpose The Nasdaq Stock Market, or, if there has have been no sales on any such exchange on any day, the average of the highest bid and lowest asked prices on all such exchanges at the end of such day, or, if on any day such security is not so listed, the average of the... representative bid and asked prices quoted in the NASDAQ System as of 4:00 P.M., New York time, or, if on any day such security is not quoted in the NASDAQ System, listed or quoted, the average of the highest bid and lowest asked prices on such day in the domestic over-the-counter market as reported by the National Quotation Bureau, Incorporated, or any similar successor organization, in each such case averaged over a period of 21 twenty-one (21) days consisting of the day as of which "Market Price" is being determined and the 20 twenty (20) consecutive business days prior to such day. day; provided that if such security is listed on any domestic securities exchange the term "business days" as used in this sentence means business days on which such exchange is open for trading. If at any time such security is not listed on any domestic securities exchange or quoted in the NASDAQ System on The Nasdaq Stock Market or the domestic over-the-counter market, the "Market Price" shall be the fair value thereof determined jointly Market Value divided by the Company and the holders total number of a majority shares of the Shares. If such parties are unable to reach agreement within Company's entire equity outstanding or deemed outstanding, including, without limitation, Common Stock on a reasonable period of time, such fair value shall be determined by an independent appraiser experienced in valuing securities jointly selected by the Company and the holders of a majority of the Shares. The determination of such appraiser shall be final and binding upon the parties, and the Company shall pay the fees and expenses of such appraiser. Fully-Diluted Basis. View More Arrow
Found in CTI INDUSTRIES CORP contract
Market Price. Of Means as to any security means the average of the closing prices of such security's sales on all domestic securities exchanges on which such security may at the time be listed, or, if there has have been no sales on any such exchange on any day, the average of the highest bid and lowest asked prices on all such exchanges at the end of such day, or, if on any day such security is not so listed, the average of the representative bid and asked prices quoted in the NASDAQ Nasdaq System as of... 4:00 P.M., New York time, on such day, or, if on any day such security is not quoted in the NASDAQ Nasdaq System, the average of the highest bid and lowest asked prices on such day in the domestic over-the-counter market as reported by the National Quotation Bureau, Incorporated, or any similar successor organization, in each such case averaged over a period of 21 days consisting of the day as of which "Market Price" is being determined and the 20 consecutive business days prior to such day. day; provided that if such security is listed on any domestic securities exchange the term "business days" as used in this sentence means business days on which such exchange is open for trading. If at any time such security is not listed on any domestic securities exchange or quoted in the NASDAQ Nasdaq System or the domestic over-the-counter market, the "Market Price" shall be the fair value thereof determined jointly by the Company and the holders of a majority of the Shares. If such parties are unable to reach agreement within a reasonable period of time, such fair value shall be determined by an independent appraiser experienced in valuing securities jointly selected by the Company and the holders of a majority of the Shares. The determination of such appraiser shall be final and binding upon the parties, and the Company shall pay the fees and expenses of such appraiser. Company. View More Arrow
Found in NexCen Brands, Inc. contract
Market Price. Of any security means the average of the closing prices of such security's sales on all securities exchanges on which such security may at the time be listed, or, if there has been no sales on any such exchange on any day, the average of the highest bid and lowest asked prices on all such exchanges at the end of such day, or, if on any day such security is not so listed, the average of the representative bid and asked prices quoted in the NASDAQ System as of 4:00 P.M., New York time, or, if on... any day such security is not quoted in the NASDAQ System, the average of the highest bid and lowest asked prices on such day in the domestic over-the-counter market as reported by the National Quotation Bureau, Incorporated, or any similar successor organization, in each such case averaged over a period of 21 days twenty-one (21) Business Days consisting of the day as of which "Market Price" is being determined and the 20 twenty (20) consecutive business days Business Days prior to such day. If at any time such security is not listed on any securities exchange or quoted in the NASDAQ System or the over-the-counter market, the "Market Price" shall be the fair value thereof determined jointly by the Company Maker and the holders of a majority of the Shares. Majority Payees. If such parties are unable to reach agreement within a reasonable period of time, such fair value shall be determined by an independent appraiser experienced in valuing securities jointly selected by the Company Maker and the holders of a majority of the Shares. Majority Payees. The determination of such appraiser shall be final and binding upon the parties, and the Company shall pay the fees and expenses of such appraiser. appraiser shall be borne by the Maker. View More Arrow
Found in LOUD TECHNOLOGIES INC contract
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Market Price. Means, as of the date of determination, (a) if the Common Stock is listed on a national securities exchange, the closing price per share of Common Stock on such date published in THE WALL STREET JOURNAL (NATIONAL EDITION) or, if no such closing price on such date is published in THE WALL STREET JOURNAL (NATIONAL EDITION), the average of the closing bid and asked prices on such date, as officially reported on the principal national securities exchange on which the Common Stock is then listed or... admitted to trading; or (b) if the Common Stock is not then listed or admitted to trading on any national securities exchange but is designated as a national market system security by the National Association of Securities Dealers, Inc., the last trading price of the Common Stock on such date; or (c) if there shall have been no trading on such date or if the Common Stock is not designated as a national market system security by the National Association or Securities Dealers, Inc., the average of the reported closing bid and asked prices of the Common Stock on such date as shown by the National Market System of the National Association of Securities Dealers, Inc. Automated Quotations System and reported by any member firm of the New York Stock Exchange selected by the Company; or (d) if none of (a), (b) or (c) is applicable, a market price per share determined mutually by the Board of Directors and the Warrantholder or, if the Board of Directors and the Warrantholder shall fail to agree, at the Company's expense by an appraiser chosen by the Board of Directors and reasonably acceptable to the Warrantholder. Any determination of the Market Price by an appraiser shall be based on a valuation of the Company as an entirety without regard to any discount for minority interests or disparate voting rights among classes of capital stock. View More Arrow
Found in PM Liquidating Corp. contract
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Market Price. Means, as As of the date of determination, (a) if the Common Stock is listed on a national securities exchange, the closing price per share of Common Stock on such date published in THE WALL STREET JOURNAL (NATIONAL EDITION) The Wall Street Journal or, if no such closing price on such date is published in THE WALL STREET JOURNAL (NATIONAL EDITION), The Wall Street Journal, the average of the closing bid and asked prices on such date, as officially reported on the principal national securities... exchange (including, without limitation, The Nasdaq Stock Market, Inc.) on which the Common Stock is then listed or admitted to trading; or (b) if the Common Stock is not then listed or admitted to trading on any national securities exchange but is designated as a national market system security by the National Association of Securities Dealers, Inc., the last trading price of the Common Stock on such date; or (c) if there shall have been no trading on such date or if the Common Stock is not designated as a national market system security by the National Association or Securities Dealers, Inc., so designated, the average of the reported closing bid and asked prices of the Common Stock on such date as shown by the National Market System of the National Association of Securities Dealers, Inc. Automated Quotations System and reported by any member firm of the New York Stock Exchange selected by the Company; or (d) if none of clauses (a), (b) or (c) is applicable, a market price per share determined mutually by the Board of Directors and the Warrantholder or, if the Board of Directors and the Warrantholder shall fail to agree, at the Company's expense by an appraiser chosen by the Board Warrantholder, or, if no such appraiser is so chosen more than ten (10) Business Days after notice of Directors the necessity of such calculation shall have been delivered by the Company to the Warrantholder, then by an appraiser chosen by the Company and reasonably acceptable satisfactory to the Warrantholder. Any determination of the Market Price by an appraiser shall be based on a valuation of the Company as an entirety without regard to any discount for minority interests or disparate voting rights among classes of capital stock. Capital Stock. View More Arrow
Found in ASPEN AEROGELS INC contract
Market Price. Means, as of the date of determination, the greater of (a) (i) if the Common Stock is listed on a national securities exchange, the closing price per share of Common Stock on such date published in THE WALL STREET JOURNAL (NATIONAL EDITION) The Wall Street Journal (National Edition) or, if no such closing price on such date is published in THE WALL STREET JOURNAL (NATIONAL EDITION), The Wall Street Journal (National Edition), the average of the closing bid and asked prices on such date, as... officially reported on the principal national securities exchange on which the Common Stock is then listed or admitted to trading; or (b) (ii) if the Common Stock is not then listed or admitted to trading on any national securities exchange but is designated as a national market system National Market System security by the National Association of Securities Dealers, Inc., Nasdaq, the last trading price of the Common Stock on such date; or (c) (iii) if there shall have been no trading on such date or if the Common Stock is not designated as a national market system National Market System security by the National Association or Securities Dealers, Inc., Nasdaq, the average of the reported closing bid and asked prices of the Common Stock on such date as shown by the National Market System of the National Association of Securities Dealers, Inc. Automated Quotations System Nasdaq and reported by any member firm of the New York Stock Exchange selected by the Company; or (d) (iv) if none of (a), (b) (i), (ii) or (c) (iii) is applicable, a market price per share determined mutually by the Board of Directors and the Warrantholder Majority Warrantholders or, if the Board of Directors and the Warrantholder Majority Warrantholders shall fail to agree, at the Company's expense by an appraiser chosen by the Board of Directors and reasonably acceptable to the Warrantholder. Majority Warrantholders and (b) the sum of the Series F Accreted Value (as defined in the Series F Certificate of Determination), plus all dividends accrued since the previous Series F Accrual Date (as defined in the Series F Certificate of Determination). Any determination of the Market Price by an appraiser shall be based on a valuation of the Company as an entirety without regard to any discount for minority interests or disparate voting rights among classes of capital stock. View More Arrow
Found in CRITICAL PATH INC contract
Market Price. Means, With respect to the Capital Stock of any Person, as of the date of determination, (a) if the Common such Capital Stock is listed on a national securities exchange, the closing price per share of Common such Capital Stock on such date published in THE WALL STREET JOURNAL (NATIONAL EDITION) The Wall Street Journal (National Edition) or, if no such closing price on such date is published in THE WALL STREET JOURNAL (NATIONAL EDITION), The Wall Street Journal 15 (National Edition), the... average of the closing bid and asked prices on such date, as officially reported on the principal national securities exchange on which the Common such Capital Stock is then listed or admitted to trading; or (b) if the Common such Capital Stock is not then listed or admitted to trading on any national securities exchange but is designated as a national market system security by the National Association of Securities Dealers, Inc., the last trading price of the Common such Capital Stock on such date; or (c) if there shall have been no trading on such date or if the Common such Capital Stock is not designated as a national market system security by the National Association or of Securities Dealers, Inc., the average of the reported closing bid and asked prices of the Common such Capital Stock on such date as shown by the National Market System of the National Association of Securities Dealers, Inc. Automated Quotations System and reported by any member firm of the New York Stock Exchange selected by the Company; Corporation; or (d) if none of (a), (b) or (c) is applicable, a the fair market price value thereof as reasonably per share determined mutually by the Board of Directors and the Warrantholder or, if the Board of Directors and the Warrantholder shall fail to agree, at the Company's expense by an appraiser chosen by the Board of Directors and reasonably acceptable to the Warrantholder. Any determination of the Market Price by an appraiser shall be based on a valuation of the Company as an entirety without regard to any discount for minority interests or disparate voting rights among classes of capital stock. Directors. View More Arrow
Found in CRITICAL PATH INC contract
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Market Price. Shall mean (i) if the principal trading market for such securities is an exchange, the average of the last reported sale prices per share for the last ten previous Trading Days in which a sale was reported, as officially reported on any consolidated tape, (ii) if clause (i) is not applicable, the average of the closing bid price per share for the last ten previous Trading Days as set forth by Nasdaq or (iii) if clauses (i) and (ii) are not applicable, the average of the closing bid price per... share for the last ten previous Trading Days as set forth in the National Quotation Bureau sheet listing for such securities. Notwithstanding the foregoing, if there is no reported sales price or closing bid price, as the case may be, on any of the ten Trading Days preceding the event requiring a determination of Market Price hereunder, then the Market Price shall be determined in good faith after reasonable investigation by resolution of the Board of Directors of the Company. View More Arrow
Found in AGENUS INC contract
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Market Price. Shall mean (i) if the principal trading market for such securities is an exchange, the average of the last reported sale prices price per share for the last ten previous Trading Days in which a sale was reported, as officially reported on any consolidated tape, such exchange, (ii) if clause (i) is not applicable, the average of the closing bid price per share for the last ten five previous Trading Days as set forth by Nasdaq or (iii) if clauses (i) and (ii) are not applicable, the average of... the closing bid price per share for the last ten five previous Trading Days as set forth in the National Quotation Bureau sheet listing for such securities. Pink Sheets®. Notwithstanding the foregoing, if there is no reported sales price or closing bid price, as the case may be, on any of the ten (10) Trading Days preceding the event requiring a determination of Market Price hereunder, then the Market Price shall be determined in good faith after reasonable investigation by resolution of the Board of Directors of the Company. Company, based on the best information available to it. View More Arrow
Found in Nuo Therapeutics, Inc. contract
Market Price. Shall mean (i) if the principal trading market for such securities is an exchange, the average of the last reported sale prices per share for the last ten previous Trading Days in which a sale was reported, as officially reported on any consolidated tape, (ii) if clause (i) is not applicable, the average of the closing bid price per share for the last ten previous Trading Days as set forth quoted by Nasdaq or (iii) if clauses (i) and (ii) are not applicable, the average of the closing bid price... per share for the last ten previous Trading Days as set forth in the National Quotation Bureau sheet listing OTC Markets, Inc. for such securities. Notwithstanding the foregoing, if there is no reported sales price or closing bid price, as the case may be, on any of the ten Trading Days preceding the event requiring a determination of Market Price hereunder, then the Market Price shall be determined in good faith after reasonable investigation by resolution of the Board of Directors of the Company. View More Arrow
Found in Inventergy Global, Inc. contract
Market Price. Shall mean (i) if the principal trading market for such securities is an exchange, the average of the last reported sale prices per share for the last ten five previous Trading Days in which a sale was reported, as officially reported on any consolidated tape, the OTCBB or other Eligible Market, (ii) if clause (i) is not applicable, the average of the closing bid price per share for the last ten five previous Trading Days as set forth by Nasdaq or (iii) if clauses (i) and (ii) are not... applicable, the average of the closing bid price per share for the last ten five previous Trading Days as set forth in the National Quotation Bureau sheet listing for such securities. Pink Sheets(R). Notwithstanding the foregoing, if there is no reported sales price or closing bid price, as the case may be, on any of the ten (10) Trading Days preceding the event requiring a determination of Market Price hereunder, then the Market Price shall be determined in good faith after reasonable investigation by resolution of the Board of Directors of the Company. Company, based on the best information available to it. View More Arrow
Found in KIT digital, Inc. contract
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Market Price. Means, with respect to a particular security, on any given day, the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the last closing bid and asked prices regular way, in either case on the principal national securities exchange on which the applicable security is listed or admitted to trading, or if not listed or admitted to trading on any national securities exchange, (i) the closing sale price for such day reported by the Nasdaq... Stock Market if such security is traded over-the-counter and quoted in the Nasdaq Stock Market, or (ii) if such security is so traded, but not so quoted, the average of the closing reported bid and asked prices of such security as reported by the Nasdaq Stock Market or any comparable system, or (iii) if such security is not listed on the Nasdaq Stock Market or any comparable system but is actively traded, the average of the closing bid and asked prices as furnished by two members of the National Association of Securities Dealers, Inc. selected from time to time by the Company for that purpose. If such security is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price shall be deemed to be the fair value per share of such security as determined by a nationally recognized investment banking firm selected by the Board and reasonably acceptable to the Holders of a majority of the outstanding shares of Series A Preferred Stock. View More Arrow
Found in Fibrocell Science, Inc. contract
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Market Price. Means, with respect to a particular security, on any given day, the last reported sale volume weighted average price regular way or, in case no such reported sale takes sales take place on such day, the average of the last closing highest asked and lowest bid and asked prices regular way, in either case on the principal national securities exchange on which the applicable security is listed or admitted to trading, or trading or, if not listed or admitted to trading on any national securities... exchange, (i) the closing average of the highest and lowest sale price prices for such day reported by the Nasdaq Stock Market if such security is traded over-the-counter and quoted Over-The-Counter-Bulletin-Board (the "OTCBB") or any comparable system then in the Nasdaq Stock Market, use or (ii) if such security is so traded, but not so quoted, the average of the closing highest reported asked and lowest reported bid and asked prices of such security as reported by the Nasdaq Stock Market OTCBB or any comparable system, system then in use, or (iii) if such security is not listed traded on the Nasdaq Stock Market OTCBB or any comparable system but is actively traded, system, the average of the closing highest asked and lowest bid and asked prices as furnished by two members of the National Association of Securities Dealers, Inc. NASD, Inc., selected from time to time by the Company Corporation for that purpose. If such security is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price per share of Common Stock shall be deemed to be the fair value per share of such security as determined by a nationally recognized investment banking firm selected in good faith by the Board and reasonably acceptable to the Holders of a majority of the outstanding shares of Series A Preferred Stock. Directors. View More Arrow
Found in MONEYGRAM INTERNATIONAL INC contract
Market Price. Means, with respect to a particular security, on any given day, the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the last closing bid and asked ask prices regular way, in either case on the principal national securities exchange on which the applicable security is securities are listed or admitted to trading, or if not listed or admitted to trading on any national securities exchange, (i) (A) the closing sale price for such day... reported by the Nasdaq Stock Market if such security is traded over-the-counter and quoted in the Nasdaq Stock Market, or (ii) (B) if such security is so traded, but not so quoted, the average of the closing reported bid and asked ask prices of such security as reported by the Nasdaq Stock Market or any comparable system, or (iii) (C) if such security is not listed on the Nasdaq Stock Market or any comparable system but is actively traded, system, the average of the closing bid and asked ask prices as furnished by two members of the National Association of Securities Dealers, Inc. selected from time to time by the Company for that purpose. If such security is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price per share of Common Stock shall be deemed to be the fair value per share of such security as determined by a nationally recognized investment banking firm selected in good faith by the Board and reasonably acceptable to the Holders of a majority Directors of the outstanding shares of Series A Preferred Stock. Company. View More Arrow
Found in MBIA INC contract
Market Price. Means, with respect to a particular security, on any given day, the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the last closing bid and asked ask prices regular way, in either case on the principal national securities exchange on which the applicable security is securities are listed or admitted to trading, or if not listed or admitted to trading on any national securities exchange, (i) (A) the closing sale price for such day... reported by the Nasdaq Stock Market if such security is traded over-the-counter and quoted in the Nasdaq Stock Market, or (ii) (B) if such security is so traded, but not so quoted, the average of the closing reported bid and asked ask prices of such security as reported by the Nasdaq Stock Market or any comparable system, or (iii) (C) if such security is not listed on the Nasdaq Stock Market or any comparable system but is actively traded, system, the average of the closing bid and asked ask prices as furnished by two members of the National Association of Securities Dealers, Inc. selected from time to time by the Company for that purpose. If such security is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price per share of such security shall be deemed to be the fair value per share of such security as determined by a nationally recognized investment banking firm selected in good faith by the Board of Directors. Without limiting the foregoing, shares of Common Stock and reasonably acceptable shares of Common Stock Series A shall be deemed to have the Holders of a majority same Market Price. If only one of the outstanding shares Company's classes of common stock (Common Stock or Common Stock Series A Preferred Stock. A) is listed and traded in a manner that the quotations referred to above are available, then the Market Price determined as set forth above for the class of common stock that is so listed and traded shall also be the Market Price of the class that is not so listed and traded. 2 View More Arrow
Found in LAS VEGAS GAMING INC contract
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Market Price. As of a particular date (the "Valuation Date") shall mean the following: (a) if the Common Stock is then listed on a national stock exchange, the closing sale price of one share of Common Stock on such exchange on the last trading day prior to the Valuation Date; (b) if the Common Stock is then quoted on The Nasdaq Stock Market, Inc. ("Nasdaq"), the National Association of Securities Dealers, Inc. OTC Bulletin Board (the "Bulletin Board") or such similar exchange or... association, the closing sale price of one share of Common Stock on Nasdaq, the Bulletin Board or such other exchange or association on the last trading day prior to the Valuation Date or, if no such closing sale price is available, the average of the high bid and the low asked price quoted thereon on the last trading day prior to the Valuation Date; or (c) if the Common Stock is not then listed on a national stock exchange or quoted on Nasdaq, the Bulletin Board or such other exchange or association, the fair market value of one share of Common Stock as of the Valuation Date, shall be determined in good faith by the Board of Directors of the Company and the Required Investors. View More Arrow
Found in Purple Communications, Inc. contract
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Market Price. As of a particular date (the "Valuation Date") Date"), shall mean the following: (a) if the Common Stock is then listed on a national stock exchange, the closing sale price of one share of Common Stock on such exchange on the last trading day Trading Day prior to the Valuation Date; (b) if the Common Stock is then quoted on The Nasdaq Stock Market, Inc. ("Nasdaq"), the National Association of Securities Dealers, Inc. OTC Bulletin Board (the "Bulletin Board") or such similar exchange quotation... system or association, the closing sale price of one share of Common Stock on Nasdaq, the Bulletin 3 Board or such other exchange quotation system or association on the last trading day Trading Day prior to the Valuation Date or, if no such closing sale price is available, the average of the high bid and the low asked price quoted thereon on the last trading day prior to the Valuation Date; (c) if such security is then included in the "pink sheets," the closing sale price of one share of Common Stock on the "pink sheets" on the last Trading Day prior to the Valuation Date or, if no such closing sale price is available, the average of the high bid and the low ask price quoted on the "pink sheets" as of the end of the last Trading Day prior to the Valuation Date; or (c) (d) if the Common Stock is not then listed on a national stock exchange or quoted on Nasdaq, the Bulletin Board Board, the "pink sheets" or such other exchange quotation system or association, the fair market value of one share of Common Stock as of the Valuation Date, shall be as determined in good faith by the Board of Directors of the Company and the Required Investors. Holder. If the Common Stock is not then listed on a national securities exchange or quoted on the Bulletin Board, the "pink sheets" or other quotation system or association, the Board of Directors of the Company shall respond promptly, in writing, to an inquiry by the Holder as to the fair market value of a share of Common Stock as determined by the Board of Directors of the Company. In the event that the Board of Directors of the Company and the Holder are unable to agree upon the fair market value in respect of subpart (d) of this paragraph, the Company and the Holder shall jointly select an appraiser, who is experienced in such matters. The decision of such appraiser shall be final and conclusive, and the cost of such appraiser shall be borne equally by the Company and the Holder. View More Arrow
Found in ZILA INC contract
Market Price. As of a particular date (the "Valuation Date") Date"), shall mean the following: (a) if the Common Stock is then listed on a the Nasdaq Global Market or the Nasdaq Capital Market ("Nasdaq") or another national stock exchange, the closing sale price of one share of Common Stock on such exchange on the last trading day Trading Day prior to the Valuation Date; (b) if the Common Stock is then quoted on The Nasdaq Stock Market, Inc. ("Nasdaq"), the National Association of Securities Dealers, Inc.... OTC Bulletin Board (the "Bulletin Board") or such similar exchange quotation system or association, the closing sale price of one share of Common Stock on Nasdaq, the Bulletin Board or such other exchange quotation system or association on the last trading day Trading Day prior to the Valuation Date or, if no such closing sale price is available, the average of the high bid and the low asked price quoted thereon on the last trading day prior to the Valuation Date; (c) if such security is then included in the "pink sheets," the closing sale price of one share of Common Stock on the "pink sheets" on the last Trading Day prior to the Valuation Date or, if no such closing sale price is available, the average of the high bid and the low ask price quoted on the "pink sheets" as of the end of the last Trading Day prior to the Valuation Date; or (c) (d) if the Common Stock is not then listed on a national stock exchange or quoted on Nasdaq, the Bulletin Board Board, the "pink sheets" or such other exchange quotation system or association, the fair market value of one share of Common Stock as of the Valuation Date, shall be as determined in good faith by the Board of Directors of the Company and the Required Investors. Holder. If the Common Stock is not then listed on a national securities exchange or quoted on the Bulletin Board, the "pink sheets" or other quotation system or association, the Board of Directors of the Company shall respond promptly, in writing, to an inquiry by the Holder as to the fair market value of a share of Common Stock as determined by the Board of Directors of the Company. In the event that the Board of Directors of the Company and the Holders of a majority of the Series A Preferred Stock then outstanding are unable to agree upon the fair market value in respect of subpart (d) of this paragraph, the Company and the Holders of a majority of the Series A Preferred Stock then outstanding shall jointly select an appraiser, who is experienced in such matters. The decision of such appraiser shall be final and conclusive, and the cost of such appraiser shall be borne equally by the Company and the Holders. View More Arrow
Found in LCC INTERNATIONAL INC contract
Market Price. As of a particular date (the "Valuation Date") Date"), shall mean the following: (a) if the Common Stock is then listed on a the Nasdaq Global Market or the Nasdaq Capital Market ("Nasdaq") or another national stock exchange, the closing sale price of one share of Common Stock on such exchange on the last trading day Trading Day prior to the Valuation Date; (b) if the Common Stock is then quoted on The Nasdaq Stock Market, Inc. ("Nasdaq"), the National Association of Securities Dealers, Inc.... OTC Bulletin Board (the "Bulletin Board") or such similar exchange quotation system or association, the closing sale price of one share of Common Stock on Nasdaq, the Bulletin Board or such other exchange quotation system or association on the last trading day Trading Day prior to the Valuation Date or, if no such closing sale price is available, the average of the high bid and the low asked price quoted thereon on the last trading day prior to the Valuation Date; (c) if such security is then included in the "pink sheets," the closing sale price of one share of Common Stock on the "pink sheets" on the last Trading Day prior to the Valuation Date or, if no such closing sale price is available, the average of the high bid and the low ask price quoted on the "pink sheets" as of the end of the last Trading Day prior to the Valuation Date; or (c) (d) if the Common Stock is not then listed on a national stock exchange or quoted on Nasdaq, the Bulletin Board Board, the "pink sheets" or such other exchange quotation system or association, the fair market value of one share of Common Stock as of the Valuation Date, shall be as determined in good faith by the Board of Directors of the Company and the Required Investors. Holder. If the Common Stock is not then listed on a national securities exchange or quoted on the Bulletin Board, the "pink sheets" or other quotation system or association, the Board of Directors of the Company shall respond promptly, in writing, to an inquiry by the Holder as to the fair market value of a share of Common Stock as determined by the Board of Directors of the Company. In the event that the Board of Directors of the Company and the Holders of a majority of the Series B Preferred Stock then outstanding are unable to agree upon the fair market value in respect of subpart (d) of this paragraph, the Company and the Holders of a majority of the Series B Preferred Stock then outstanding shall jointly select an appraiser, who is experienced in such matters. The decision of such appraiser shall be final and conclusive, and the cost of such appraiser shall be borne equally by the Company and the Holders. View More Arrow
Found in LCC INTERNATIONAL INC contract
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Market Price. Means the highest traded price of the Common Stock during the thirty Trading Days prior to the date of the respective Exercise Notice.
Found in Hempacco Co., Inc. contract
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Market Price. Means the The highest traded price of the Common Stock during the thirty (30) Trading Days prior to the date of the respective Exercise Notice.
Found in Cardiff Lexington Corp contract
Market Price. Means the The highest traded price of the Common Stock during the thirty Trading Days prior to the date of the respective Exercise Notice. 18
Found in Hempacco Co., Inc. contract
Market Price. Means the The highest traded price of the Common Stock during the thirty (30) Trading Days prior to the date of the respective Exercise Notice.
Found in Golden Arrow Merger Corp. contract
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Market Price. Means, on any date of determination, the average of the daily Closing Price of the Registrable Securities for the immediately preceding thirty (30) days on which the national securities exchanges are open for trading.
Found in NYMEX HOLDINGS INC contract
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Market Price. Means, on On any date of determination, the average of the daily Closing Price of the Registrable Securities for the immediately preceding thirty (30) 30 days on which the national securities exchanges are open for trading. trading
Found in Quartet Merger Corp. contract
Market Price. Means, on any date of determination, the average of the daily Closing Price of the Registrable Securities for the immediately preceding thirty (30) 30 days on which the national securities exchanges are open for trading.
Found in INTERMEDIA OUTDOOR HOLDINGS, INC. contract
Market Price. Means, on any date of determination, the average of the daily Closing Price of the Registrable Securities for the immediately preceding thirty (30) five (5) days on which the national securities exchanges are open for trading.
Found in DELTA FINANCIAL CORP contract
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Market Price. Means the highest traded price of the Common Stock during the one hundred and fifty Trading Days prior to the date of the respective Exercise Notice.
Found in AMERICAN INTERNATIONAL HOLDINGS CORP. contract
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Market Price. Means the The highest traded price of the Common Stock during the one hundred and fifty Trading Days prior to the date of the respective Exercise Notice.
Found in GENEREX BIOTECHNOLOGY CORP contract
Market Price. Means the The highest traded price of the of the Parent Company's Common Stock during the one hundred and fifty Trading Days prior to the date of the respective Exercise Notice.
Found in BIOXYTRAN, INC contract
Market Price. Means (g) "Market Price" means the highest traded price of the Common Stock during the one hundred and fifty Trading Days prior to the date of the respective Exercise Notice.
Found in Kisses From Italy, Inc. contract
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Market Price. Means, with respect to a particular security, on any given day, the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the last closing bid and ask prices regular way, in either case on the principal national securities exchange on which the applicable securities are listed or admitted to trading, or if not listed or admitted to trading on any national securities exchange, the average of the closing bid and ask prices as furnished by... two members of the Financial Industry Regulatory Authority, Inc. selected from time to time by the Company for that purpose. "Market Price" shall be determined without reference to after hours or extended hours trading. If such security is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price per share of Common Stock shall be deemed to be (i) in the event that any portion of the Warrant is held by the Original Warrantholder, the fair market value per share of such security as determined in good faith by the Original Warrantholder or (ii) in all other circumstances, the fair market value per share of such security as determined in good faith by the Board of Directors in reliance on an opinion of a nationally recognized independent investment banking corporation retained by the Company for this purpose and certified in a resolution to the Warrantholder. For the purposes of determining the Market Price of the Common Stock on the "trading day" preceding, on or following the occurrence of an event, (i) that trading day shall be deemed to commence immediately after the regular scheduled closing time of trading on the New York Stock Exchange or, if trading is closed at an earlier time, such earlier time and (ii) that trading day shall end at the next regular scheduled closing time, or if trading is closed at an earlier time, such earlier time (for the avoidance of doubt, and as an example, if the Market Price is to be determined as of the last trading day preceding a specified event and the closing time of trading on a particular day is 4:00 p.m. and the specified event occurs at 5:00 p.m. on that day, the Market Price would be determined by reference to such 4:00 p.m. closing price). View More Arrow
Found in Lake Sunapee Bank Group contract
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Market Price. Means, with respect to a particular security, on any given day, the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the last closing bid and ask prices regular way, in either case on the principal national securities exchange on which the applicable securities are listed or admitted to trading, or if not listed or admitted to trading on any national securities exchange, the average of last quoted bid price for the closing bid and... ask prices Common Stock in the over-the-counter market as furnished reported by two members of the Financial Industry Regulatory Authority, Inc. selected from time to time by the Company for that purpose. Pink Sheets LLC or similar organization. "Market Price" shall be determined without reference to after hours or extended hours trading. If such security is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price per share of Common Stock shall be deemed to be (i) in the event that any portion of the Warrant is held by the Original Warrantholder, the fair market value per share of such security as determined in good faith by the Original Warrantholder or (ii) in all other circumstances, the fair market value per share of such security as determined in good faith by the Board of Directors in reliance on an opinion of a nationally recognized independent investment banking corporation retained by the Company for this purpose and certified in a resolution to the Warrantholder. Holder. For the purposes of determining the Market Price of the Common Stock on the "trading day" preceding, on or following the occurrence of an event, (i) that trading day shall be deemed to commence immediately after the regular scheduled closing time of trading on the New York Stock Exchange or, if trading is closed at an earlier time, such earlier time and (ii) that trading day shall end at the next regular scheduled closing time, or if trading is closed at an earlier time, such earlier time (for the avoidance of doubt, and as an example, if the Market Price is to be determined as of the last trading day preceding a specified event and the closing time of trading on a particular day is 4:00 p.m. and the specified event occurs at 5:00 p.m. on that day, the Market Price would be determined by reference to such 4:00 p.m. closing price). View More Arrow
Found in MISSION COMMUNITY BANCORP contract
Market Price. Means, with respect to a particular security, the Common Stock, on any given day, the last reported sale price regular way or, in case no such reported sale takes place on such day, date, the average of VWAP for the last closing bid and ask prices regular way, in either case 5 consecutive trading day-period ending on the principal national securities exchange on which the applicable securities are listed or admitted to trading, or if not listed or admitted to trading on any national securities... exchange, the average of the closing bid and ask prices as furnished by two members of the Financial Industry Regulatory Authority, Inc. selected from time to time by the Company for that purpose. Trading Day immediately preceding such given date. "Market Price" shall be determined without reference to after hours or extended hours trading. If such security the Common Stock is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price per share of Common Stock shall be deemed to be (i) in the event that any portion of the Warrant is held by the Original Warrantholder, the fair market value per share of such security the Common Stock as determined in good faith by the Original Warrantholder or (ii) in all other circumstances, the fair market value per share of such security the Common Stock as determined in good faith by the Board of Directors in reliance on an opinion of a nationally recognized independent investment banking corporation retained by the Company for this purpose and certified in a resolution to the Warrantholder. For the purposes of determining the Market Price of the Common Stock on the "trading day" preceding, on or following the occurrence of an event, (i) that trading day shall be deemed to commence immediately after the regular scheduled closing time of trading on the New York Stock Exchange or, if trading is closed at an earlier time, such earlier time and (ii) that trading day shall end at the next regular scheduled closing time, or if trading is closed at an earlier time, such earlier time (for the avoidance of doubt, and as an example, if the Market Price is to be determined as of the last trading day preceding a specified event and the closing time of trading on a particular day is 4:00 p.m. and the specified event occurs at 5:00 p.m. on that day, the Market Price would be determined by reference to such 4:00 p.m. closing price). time). View More Arrow
Found in STERLING FINANCIAL CORP contract
Market Price. Means, with respect to a particular security, the Common Stock, on any given day, the last reported sale price regular way or, in case no such reported sale takes place on such day, date, the average of VWAP for the last closing bid and ask prices regular way, in either case 5 consecutive trading day-period ending on the principal national securities exchange on which the applicable securities are listed or admitted to trading, or if not listed or admitted to trading on any national securities... exchange, the average of the closing bid and ask prices as furnished by two members of the Financial Industry Regulatory Authority, Inc. selected from time to time by the Company for that purpose. Trading Day immediately preceding such given date. "Market Price" shall be determined without reference to after hours or extended hours trading. If such security the Common Stock is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price per share of Common Stock shall be deemed to be (i) in the event that any portion of the Warrant is held by the Original Warrantholder, the fair market value per share of such security the Common Stock as determined in good faith by the Original Warrantholder or (ii) in all other circumstances, the fair market value per share of such security the Common Stock as determined in good faith by the Board of Directors in reliance on an opinion of a nationally recognized independent investment banking corporation retained by the Company for this purpose and certified in a resolution to the Warrantholder. For the purposes of determining the Market Price of the Common Stock on the "trading day" preceding, on or following the occurrence of an event, (i) that trading day shall be deemed to commence immediately after the regular scheduled closing time of trading on the New York Stock Exchange or, if trading is closed at an earlier time, such earlier time and (ii) that trading day shall end at the next regular scheduled closing time, or if trading is closed at an earlier time, such earlier time (for the avoidance of doubt, and as an example, if the Market Price is to be determined as of the last trading day preceding a specified event and the closing time of trading on a particular day is 4:00 p.m. and the specified event occurs at 5:00 p.m. on that day, the Market Price would be determined by reference to such 4:00 p.m. closing price). time). View More Arrow
Found in PACIFIC CAPITAL BANCORP contract
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