Per Share Market Value Definition Example with 22 Variations

This page contains an example definition of Per Share Market Value, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
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

Variations

Per Share Market Value. On 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
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
Per Share Market Value. On 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
Per Share Market Value. On 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
Per Share Market Value. On on any particular date (a) the last closing bid price per share of the Common Stock on such date on the American Stock Exchange Trading Market or another registered national stock exchange on which the Common Stock is then listed, or if there is no such closing price on such date, then the average of closing bid price on such date, or if there is no closing bid price on such date, then 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 a Trading Market or any registered national stock exchange, the last closing bid price for a share of 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 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 average of the "Pink Sheet" quotes for the relevant conversion period, as determined in good faith by the holder, five (5) Trading 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. Holders; 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 stock dividends, 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 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, laws, or to the existence or absence of, or any limitations on, voting rights. View More
Per Share Market Value. On on any particular date (a) the last closing bid price per share of the Common Stock on such date on the American Stock Exchange OTC Bulletin Board 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 OTC Bulletin Board or... any registered national stock exchange, the last 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, applicable Trading 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. 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 that all determinations of the Per Share Market Value shall be appropriately adjusted for any stock dividends, 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 the determination of the additional Independent Appraiser, if any, or of the Independent Appraisers otherwise 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, laws, or to the existence or absence of, or any limitations on, voting rights. rights View More
Per Share Market Value. On on any particular date the per share market price of the Common Stock multiplied by the Conversion Factor where the per share market price of the Common Stock means, (a) the last closing bid price per share of the Common Stock on such date on the American Stock Exchange OTC Bulletin Board 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 OTC Bulletin Board or any registered national stock exchange, the last 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, applicable Trading 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. 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 that all determinations of the Per Share Market Value shall be appropriately adjusted for any stock dividends, 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 the determination of the additional Independent Appraiser, if any, or of the Independent Appraisers otherwise shall be final and binding on all parties. In determining the fair market value of any shares of Series D Preferred Stock or Common Stock, no consideration shall be given to any restrictions on transfer of the Series D Preferred Stock or 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
Per Share Market Value. On on any particular date (a) the last closing bid sale price per share of the Common Stock on such date on the American Stock Exchange OTC Bulletin Board or another registered national stock exchange on which the Common Stock is then listed, or if there -15- 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 the American Stock Exchange OTC... Bulletin Board or any registered national stock exchange, the last closing bid sale 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, five (5) Trading Days preceding such date of determination, or (d) if the Common Stock is not no t 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. Holders; 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 stock dividends, 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 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
Per Share Market Value. On on any particular date (a) the last closing bid sale price per share of the Common Stock on such date on the American Stock Exchange OTC Bulletin Board 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 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 the American Stock Exchange OTC... Bulletin Board or any registered national stock exchange, the last closing bid sale 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, five (5) Trading 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. Holders; 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 stock dividends, 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 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
Per Share Market Value. On on any particular date (a) (i) the closing bid last sale price per share of the Common Stock on such date on the American Stock Exchange Nasdaq Global Select Market 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 or last sale price, as applicable, on such exchange or quotation system on the date nearest preceding such date, or (b) (ii) if the Common Stock is not then... listed then on the American Stock Exchange Nasdaq Global Select Market or any registered national stock exchange, the closing bid price or last sale price, as applicable, for a share of Common Stock in the over-the-counter market, as reported by the OTC Bulletin Board or in by 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) (iii) 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" Pink Sheet quotes for the relevant conversion period, as determined in good faith by the holder, five (5) Trading Days preceding such date of determination, or (d) (iv) if the Common Stock is not then publicly traded the fair market value Fair Market Value of a share of Common Stock as determined by an Independent Appraiser selected in good faith by Stock; provided, that all determinations of the Majority Holders. The determination of fair market value by an Independent Appraiser 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
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