Per Share Market Value

Example Definitions of "Per Share Market Value"
Per Share Market Value. On any particular date (a) the closing bid price per share of the Common Stock on such date on the American Stock Exchange or another registered national stock exchange on which the Common Stock is then listed, or if there is no such price on such date, then the average of the closing bid price on such exchange or quotation system on the date nearest preceding such date, or (b) if the Common Stock is not listed then on the American Stock Exchange or any registered national stock exchange, the... closing bid price for a share of Common Stock in the over-the-counter market, as reported by the OTC Bulletin Board or in the National Quotation Bureau Incorporated or similar organization or agency succeeding to its functions of reporting prices) at the close of business on such date, or (c) if the Common Stock is not then reported by the OTC Bulletin Board or the National Quotation Bureau Incorporated (or similar organization or agency succeeding to its functions of reporting prices), then the average of the "Pink Sheet" quotes for the relevant conversion period, as determined in good faith by the holder, or (d) if the Common Stock is not then publicly traded the fair market value of a share of Common Stock as determined by an Independent Appraiser selected in good faith by the Majority Holders. The determination of fair market value by an Independent Appraiser shall be based upon the fair market value of the Issuer determined on a going concern basis as between a willing buyer and a willing seller and taking into account all relevant factors determinative of value, and shall be final and binding on all parties. In determining the fair market value of any shares of Common Stock, no consideration shall be given to any restrictions on transfer of the Common Stock imposed by agreement or by federal or state securities law s, or to the existence or absence of, or any limitations on, voting rights. View More
Found in AXM PHARMA INC contract
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Per Share Market Value. On any particular date (a) the closing bid sales price per share of the Common Stock on such date on the American Stock Exchange or another any registered national stock securities exchange on which the Common Stock is then listed, or if there is no such closing sales price on such date, then the average of the closing bid sales price on such exchange or quotation system on the date nearest preceding such date, or (b) if the Common Stock is not then listed then on the American Stock Exchange or... any a registered national stock securities exchange, the closing bid sales price for a share of Common Stock in the over-the-counter market, as reported by the OTC Bulletin Board or in the National Quotation Bureau Incorporated or OTC Markets Group, Inc. (or similar organization or agency succeeding to its functions of reporting prices) at the close of business on such date, or (c) if the Common Stock is not then reported by the OTC Bulletin Board or the National Quotation Bureau Incorporated OTC Markets Group, Inc. (or similar organization or agency succeeding to its functions of reporting prices), then the average of the "Pink Sheet" quotes for the relevant conversion period, as determined in good faith by the holder, or (d) if the Common Stock is not then publicly traded the fair market value of a share of Common Stock as determined by an Independent Appraiser selected the Company's board of directors, acting in good faith by the Majority Holders. The determination of fair market value by an Independent Appraiser shall be based upon the fair market value of the Issuer determined on a going concern basis as between a willing buyer and a willing seller and taking into account all relevant factors determinative of value, and shall be final and binding on all parties. faith. In determining the fair market value of any shares of Common Stock, Stock no consideration shall be given to any restrictions on transfer of the Common Stock imposed by agreement or by federal or state securities law s, laws, or to the existence or absence of, or any limitations on, voting rights. View More
Found in NanoVibronix, Inc. contract
Per Share Market Value. On Means on any particular date (a) the closing bid sale price per share of the Common Stock on such date on the American Stock Exchange a national securities exchange or another registered national stock exchange on which the Common Stock is then listed, Nasdaq, or if there is no such price on such date, then the average of the closing bid sale price on such exchange or quotation system on the date nearest preceding such date, or (b) if the Common Stock is not listed then on a national... securities exchange or Nasdaq, the American Stock Exchange or any registered national stock exchange, average of the closing bid price and asking prices for a share of Common Stock in the relevant interdealer quotation system or other over-the-counter market, as reported by the OTC Bulletin Board or in the National Quotation Bureau Incorporated or similar organization or agency succeeding to its functions of reporting prices) at the close of business on such date, or if there are no such prices on such date, then the average of the closing bid and ask prices on such market on the date nearest preceding such date, or (c) if the Common Stock is not then reported by the OTC Bulletin Board or the National Quotation Bureau Incorporated (or similar organization or agency succeeding to its functions of reporting prices), then the average of the "Pink Sheet" quotes for closing bid and ask prices on such date, or if there are no such prices on such date, then the relevant conversion period, as determined in good faith by average of the holder, closing bid and ask prices on the "Pink Sheets" on the date nearest preceding such date, or (d) if the Common Stock is not then publicly traded the fair market value of a share of Common Stock as determined by an Independent Appraiser selected in good faith by the Majority Holders. The determination of Board, provided that such fair market value by an Independent Appraiser shall not, in any event, be based upon less than the fair market value of the Issuer determined on a going concern basis as between a willing buyer and a willing seller and taking into account all relevant factors determinative of value, and shall be final and binding on all parties. In determining the fair market value of any shares of Common Stock, no consideration shall be given to any restrictions on transfer price per share of the Common Stock imposed paid in connection with the then most recent issuance of Common Stock by agreement the Issuer. All determinations of the Per Share Market Value shall be appropriately adjusted for any stock dividends, stock splits or by federal or state securities law s, or to the existence or absence of, or any limitations on, voting rights. other similar transactions during such period. View More
Found in iCoreConnect Inc. contract
Per Share Market Value. On any particular date (a) the closing bid sales price per share of the Common Stock on such date on the American Stock Exchange or another any registered national stock exchange on which the Common Stock is then listed, or if there is no such closing sales price on such date, then the average of the closing bid sales price on such exchange or quotation system on the date nearest preceding such date, or (b) if the Common Stock is not then listed then on the American Stock Exchange or any a... registered national stock exchange, the closing bid sales price for a share of Common Stock in the over-the-counter market, as reported by the OTC Bulletin Board or in the National Quotation Bureau Incorporated or (or similar organization or agency succeeding to its functions of reporting prices) at the close of business on such date, or (c) if the Common Stock is not then reported by the OTC Bulletin Board or the National Quotation Bureau Incorporated (or similar organization or agency succeeding to its functions of reporting prices), then the average of the "Pink Sheet" quotes for the relevant conversion period, as determined in good faith by the holder, five days preceding such date of determination, or (d) if the Common Stock is not then publicly traded the fair market value of a share of Common Stock as determined by an Independent Appraiser selected in good faith by the Majority Holders. The determination board of fair market value by an Independent Appraiser directors of the Company; provided, however, that all determinations of the Per Share Market Value shall be based upon the fair market value of the Issuer determined on a going concern basis as between a willing buyer and a willing seller and taking into account all relevant factors determinative of value, and shall be final and binding on all parties. In determining the fair market value of appropriately adjusted for any shares of Common Stock, no consideration shall be given to any restrictions on transfer of the Common Stock imposed by agreement stock dividends, stock splits or by federal or state securities law s, or to the existence or absence of, or any limitations on, voting rights. other similar transactions during such period. View More
Found in PIONEER POWER SOLUTIONS, INC. contract
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Per Share Market Value. Means on any particular date (a) the daily volume weighted average price per Ordinary Share on such date on the Nasdaq Global Market, Nasdaq Capital Market or another registered national stock exchange on which the Ordinary Shares are then listed, or if there is no such price on such date, then the volume weighted average price on such exchange or quotation system on the date nearest preceding such date, or (b) if the Ordinary Shares are not listed then on the Nasdaq Global Market, Nasdaq... Capital Market or any registered national stock exchange, the volume weighted average price for a share of Ordinary Shares in the over-the-counter market, as reported by the OTC Bulletin Board or in the National Quotation Bureau Incorporated or similar organization or agency succeeding to its functions of reporting prices) at the close of business on such date, or (c) if the Ordinary Shares are not then reported by the OTC Bulletin Board or the National Quotation Bureau Incorporated (or similar organization or agency succeeding to its functions of reporting prices), then the "Pink Sheet" quotes for the applicable Trading Days preceding such date of determination, or (d) if the Ordinary Shares are not then publicly traded the fair market value of an Ordinary Share as determined by an Independent Appraiser selected in good faith by the holder of this and similar warrants; provided, however, that the Issuer, after receipt of the determination by such Independent Appraiser, shall have the right to select an additional Independent Appraiser, in which case, the fair market value shall be equal to the average of the determinations by each such Independent Appraiser; and provided, further that all determinations of the Per Share Market Value shall be appropriately adjusted for any share dividends, share splits or other similar transactions during such period. The determination of fair market value by an Independent Appraiser shall be based upon the fair market value of the Issuer determined on a going concern basis as between a willing buyer and a willing seller and taking into account all relevant factors determinative of value, and shall be final and binding on all parties. In determining the fair market value of any Ordinary Shares, no consideration shall be given to any restrictions on transfer of the Ordinary Shares imposed by agreement or by federal or state securities laws, or to the existence or absence of, or any limitations on, voting rights. View More
Found in Modsys International Ltd contract
Per Share Market Value. Means on any particular date (a) the daily volume weighted average last closing price per Ordinary Share share of the Common Stock on such date on the Nasdaq Global Market, Nasdaq Capital Trading Market or another registered national stock exchange on which the Ordinary Shares are Common Stock is then listed, or if there is no such closing price on such date, then the volume weighted average closing bid price on such date, or if there is no closing bid price on such date, then the closing price... on such exchange or quotation system on the date nearest preceding such date, or (b) if the Ordinary Shares are Common Stock is not listed then on the Nasdaq Global Market, Nasdaq Capital a Trading Market or any registered national stock exchange, the volume weighted average last closing price for a share of Ordinary Shares Common Stock in the over-the-counter market, as reported by the OTC Bulletin Board Trading Market or any registered national stock exchange or in the National Quotation Bureau Incorporated or similar organization or agency succeeding to its functions of reporting prices) at the close of business on such date, or if there is no closing price on such date, then the closing bid price on such date, or (c) if the Ordinary Shares are Common Stock is not then reported by the OTC Bulletin Board Trading Market or any registered national stock exchange or in the National Quotation Bureau Incorporated (or similar organization or agency succeeding to its functions of reporting prices), then the "Pink Sheet" average of the Otcmarkets.com quotes for the applicable five (5) Trading Days preceding such date of determination, or (d) if the Ordinary Shares are Common Stock is not then publicly traded the fair market value of an Ordinary Share a share of Common Stock as determined by an Independent Appraiser selected in good faith by the holder of this and similar warrants; Holder; provided, however, that the Issuer, after receipt of the determination by such Independent Appraiser, shall have the right to select an additional Independent Appraiser, in which case, the fair market value shall be equal to the average of the determinations by each such Independent Appraiser; and provided, further further, that all determinations of the Per Share Market Value shall be appropriately adjusted for any share stock dividends, share stock splits or other similar transactions during such period. The determination of fair market value by an Independent Appraiser shall be based upon the fair market value of the Issuer determined on a going concern basis as between a willing buyer and a willing seller and taking into account all relevant factors determinative of value, and shall be final and binding on all parties. In determining the fair market value of any Ordinary Shares, shares of Common Stock, no consideration shall be given to any restrictions on transfer of the Ordinary Shares Common Stock imposed by agreement or by federal or state securities laws, or to the existence or absence of, or any limitations on, voting rights. View More
Found in Brazil Minerals, Inc. contract
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Per Share Market Value. On any particular date (a) the last trading price on the principal trading market where the Common Stock is listed or traded as reported by Bloomberg Financial Markets (or a comparable reporting service of national reputation selected by the Issuer and reasonably acceptable to the holder hereof if Bloomberg Financial Markets is not then reporting closing sales prices of such security) ("Bloomberg"), or (b) if the foregoing does not apply, the last reported sales price of such security on a... national exchange or in the over-the-counter market on the electronic bulletin board for the Common Stock as reported by Bloomberg, or, if no such price is reported for such security by Bloomberg, the average of the bid prices of all market makers for such security as reported in the "pink sheets" by the National Quotation Bureau, Inc., in each case for such date or, if such date was not a Trading Day for such security, on the next preceding date which was a Trading Day, or (c) if the Common Stock is not then publicly traded the fair market value of a share of Common Stock on such date as determined by the Board in good faith; provided, however, that the Majority Holders, after receipt of the determination by the Board, shall have the right to select, jointly with the Issuer, an Independent Appraiser, in which case, the fair market value shall be the determination by such Independent Appraiser; and provided, further that all determinations of the Per Share Market Value shall be appropriately adjusted for any stock dividends, stock splits or other similar transactions during the period between the date as of which such market value was required to be determined and the date it is finally determined. The determination of fair market value shall be based upon the fair market value of the Issuer determined on a going concern basis as between a willing buyer and a willing seller and taking into account all relevant factors determinative of value, and shall be final and binding on all parties. In determining the fair market value of any shares of Common Stock, no consideration shall be given to any restrictions on transfer of the Common Stock imposed by agreement or by federal or state securities laws, or to the existence or absence of, or any limitations on, voting rights View More
Found in Echo Therapeutics, Inc. contract
Per Share Market Value. On any particular date the weighted average trading price per share of Common Stock at which the shares of Common Stock have traded on the Principal Stock Exchange (or if there is no such price on such date, then the average of the closing bid and ask prices on such Principal Stock Exchange) during the five (5) consecutive Trading Days ending the second Trading Day before such date, and the weighted average trading price shall be determined by dividing the aggregate sale price of all shares of... Common Stock sold in broad lots on such exchange during such five (5) day period by the total number of shares sold during such period. View More
Found in XPLORE TECHNOLOGIES CORP contract
Per Share Market Value. On any particular date the average of the closing bid and ask prices on a national securities exchange or quotation system which on the date of determination constitutes the principal trading market for the shares of Common Stock.
Found in XPLORE TECHNOLOGIES CORP contract
Per Share Market Value. On any particular date (a) the closing bid price per share of Common Stock on such date on the OTC Bulletin Board or on such Subsequent Market on which the shares of Common Stock are then listed or quoted, or if there is no such price on such date, then the closing bid price on the OTC Bulletin Board or on such Subsequent Market on the date nearest preceding such date, or (b) if the shares of Common Stock are not then listed or quoted on the OTC Bulletin Board or a Subsequent Market, the... closing bid price for a share of Common Stock in the over-the-counter market, as reported by the National Quotation Bureau Incorporated or similar organization or agency succeeding to its functions of reporting prices) at the close of business on such date, or (c) if the shares of Common Stock are not then reported by the National Quotation Bureau Incorporated (or similar organization or agency succeeding to its functions of reporting prices), then the average of the "Pink Sheet" quotes for the relevant conversion period, as determined in good faith by the Payee View More
Found in INVO Bioscience, Inc. contract
Per Share Market Value. On any particular date (a) the closing sales price per share of the Series E Convertible Preferred Stock on such date on any registered national securities exchange on which the Series E Convertible Preferred Stock is then listed, or if there is no such closing sales price on such date, then the closing sales price on such exchange on the date nearest preceding such date, or (b) if the Series E Convertible Preferred Stock is not then listed on a registered national securities exchange, the... closing sales price for a share of Series E Convertible Preferred Stock in the over-the-counter market, as reported by the OTC Bulletin Board or the OTC Markets Group, Inc. (or similar organization or agency succeeding to its functions of reporting prices) at the close of business on such date, or (c) if the Series E Preferred Stock is not then reported by the OTC Bulletin Board or the OTC Markets Group, Inc. (or similar organization or agency succeeding to its functions of reporting prices), the fair market value of a share of Series E Convertible Preferred Stock as determined by the Company's board of directors, acting in good faith. In determining the fair market value of any shares of Series E Convertible Preferred Stock no consideration shall be given to any restrictions on transfer of the Series E Convertible Preferred Stock imposed by agreement or by federal or state securities laws, or to the existence or absence of, or any limitations on, voting rights. View More
Found in NanoVibronix, Inc. contract
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