Maximum Cash Amount. Means an amount equal to 25% of the sum of: (i) the value of GLBN Shares issuable to the Stockholders on the Effective Date, determined by reference to the mean between the high and low sale price of a share of GLBN Common Stock on the Effective Date as reported on the Nasdaq National Market, and, for this purpose, excluding the Holdback Amount, the Podell Escrow Amount and the Supplemental GLBN Shares; plus (ii) the value of the Supplemental GLBN Shares issued to the Stockholders, determined
... by reference to the lower of the mean between the high and low sale price of a share of GLBN Common Stock on the Effective Date or date that such Supplemental GLBN Shares are issued to the Stockholders in each case as reported on the Nasdaq National Market (or other national securities exchange on which the 4 GLBN Common Stock shall at such time be listed), less any portion of such payment of Supplemental GLBN Shares or cash payment pursuant to Section 3 treated as interest or in the nature of interest pursuant to Section 483 or 1274 of the Code; plus (iii) the value of any portion of the Holdback Amount and the Podell Escrow Amount released from the Escrow Agreement to the Stockholders (and not transferred to Mr. Podell), determined by reference to the lower of the mean between the high and low sale price of a share of GLBN Common Stock on the Effective Date or on the date that such GLBN Shares are released from the Escrow Agreement to the Stockholders, in each case, as reported on the Nasdaq National Market (or other national securities exchange on which the GLBN Common Stock shall at such time be listed).
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