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.
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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) 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.
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Market Price.
Means, 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.
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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.
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Market Price.
Means, shall mean, 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 (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) 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 of 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 NASDAQ 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 market price per share determined mutually in good faith 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.
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Market Price.
Means, shall mean, 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 of 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; Corporation; or (d) if none of (a), (b) or (c) is applicable, a market price per share determined mutually in good faith 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.
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Market Price.
Means, shall mean, as of the date of
determination, 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 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 (a), (b) or (c) is applicable, a market price per share determined mutually in good faith 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.
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Market Price.
Means, shall mean, as of the date of
determination, 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, NASDAQ) 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 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 (a), (b) or (c) is applicable, a market price per share determined mutually in good faith 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.
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Market Price.
Means, 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 (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 market price per share determined mutually by the Board of Directors (acting in good faith pursuant to the exercise of its fiduciary duties) and the Warrantholder holders of a majority of the shares of Series A Preferred Stock or, if the Board of Directors and the Warrantholder holders of a majority of the shares of Series A Preferred Stock shall fail to agree, at the Company's Corporation's expense by an appraiser chosen by the Board of Directors 18 (acting in good faith pursuant to the exercise of its fiduciary duties) and reasonably acceptable to the Warrantholder. holders of a majority of the shares of Series A Preferred Stock. Any determination of the Market Price by an appraiser shall be based on a valuation of the Company Corporation as an entirety without regard to any discount for minority interests or disparate voting rights among classes of capital stock. Capital Stock.
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Market Price.
Means, 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) 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...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 (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 in good faith by the Board of Directors and reasonably acceptable to the Warrantholder. Majority Warrantholders; provided, however, that if such determination is not reasonably -------- ------- acceptable to the Majority Warrantholders, then a market price per share determined at the Company's expense by an appraiser chosen by mutual agreement of the Company and the Majority Warrantholders. 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. In the event that there is continuous trading of the Common Stock on any securities exchange, then the closing price per share shall be deemed to be the price quoted for such day in The Wall Street Journal, or if no such price is published therein, the closing price shall be the price quoted at 4:00 p.m., New York time. 13
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