Example ContractsClausesFair Market Value
Fair Market Value
Fair Market Value contract clause examples

with respect to a Share, shall mean the market price of one Share, determined by the Committee as follows:

Fair Market Value. If the Company’s common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”) and the Class is common stock, the fair market value of a Share shall be the closing price of a share of common stock reported on the Trading Market for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company.

Fair Market Value. In determining the fair market value of any Share under the Plan, the Administrator shall make the determination in good faith consistent with the rules of [Section 422] and [Section 409A] to the extent applicable.

Fair Market Value. Fair Market Value of Common Stock shall mean the closing price of the Common Stock as reported on the Nasdaq Stock Market on the relevant valuation date or, if there were no Common Stock transactions on such day, on the next preceding date on which there were Common Stock transactions.

Fair Market Value. If the Company’s common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”) and the Class is common stock, the fair market value of a Share shall be the closing price of a share of common stock reported on the Trading Market for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company.

Fair Market Value. The Fair Market Value of a share of Common Stock as of a given date shall be # the closing price of a share of Common Stock on the principal exchange on which shares of Common Stock are then trading, if any (or as reported on any composite index which includes such principal exchange), on such date, or if shares of Common Stock were not traded on such date, then on the next preceding date on which a trade occurred, or # if shares of Common Stock are not publicly traded on an exchange, the Fair Market Value of a share of Common Stock as established by the Company acting in good faith and after consultation with independent advisors. The Fair Market Value as so determined by the Company in good faith and in the absence of fraud shall be binding and conclusive upon all parties hereto, and in any event the Participant agrees to accept and shall not challenge any such determination of Fair Market Value made by the Company. If the Company subdivides (by split, dividend or otherwise) its shares of Common Stock into a greater number, or combines (by reverse split or otherwise) its shares of Common Stock into a lesser number after the Company shall have determined the Fair Market Value for the shares of Common Stock subject to an Award (without taking into consideration such subdivision or combination) and prior to the consummation of the purchase, the Fair Market Value shall be appropriately adjusted to reflect such subdivision or combination, and the Company’s good faith determination as to any such adjustment shall be binding and conclusive on all parties hereto.

Fair Market Value. Although the fair market value of the stock awarded under this agreement is uncertain because the stock is currently trading on the pink sheet and is illiquid. However, for accounting purposes, NIHK used the stock closing price of $0.0065 on 11/13/2019 to calculate recognition of employment expenses in the amount of $200,000 for this agreement.

Fair Market Value. “Fair Market Value” shall mean, as of any date, as to the Rollover Stock, the good faith determination of the board of directors of Buyer of the fair value of such Rollover Stock as of the applicable reference date. In connection with the election by Buyer (or its transferee) to exercise the Buyer Repurchase Option, # in the Exercise Notice, Buyer shall deliver, or cause to be delivered, to Seller its good faith determination of the Fair Market Value of each share of the Rollover Stock and the Repurchase Price, # Seller shall have thirty (30) days following receipt of the Exercise Notice to review the books and records of Buyer, the Company, and their respective Affiliates for the purposes of evaluating the Fair Market Value and Repurchase Price set forth in the Exercise Notice, # if, within thirty (30) days following delivery of the Exercise Notice, Seller delivers to Buyer (or its transferee) an objection notice, which notice shall state in reasonable detail the basis of the Seller’s objection, then # Buyer (or its transferee) and Seller shall work in good faith to resolve such dispute within thirty (30) days following Buyer’s receive of the objection notice, and # if following such thirty (30) day period, the parties are unable to agree upon the disputed subject, Seller and Buyer (or its transferee) shall jointly appoint a third party valuation firm to determine the Fair Market Value and Repurchase Price for the Rollover Stock, whose determination shall be final and binding upon the parties absent fraud or manifest error and whose fees shall be borne equally by Seller and Buyer (or its transferee), and # if, thirty (30) days following delivery of the Exercise Notice, Seller delivers no objection notice, then the determination of Fair Market Value and Repurchase Price shall be deemed final and binding upon the parties absent fraud or manifest error.

Fair Market Value. The Seller acknowledges and agrees that the Company has made no representations or warranties to the Seller regarding the fair market value of the Redeemed Shares.

For purposes of this Plan and any Awards granted hereunder, “Fair Market Value” shall mean, as of any given date, the closing price of a share of Common Stock on The Nasdaq Stock Market LLC or such other public trading market on which shares of Common Stock are listed or quoted on that date. If there is no regular public trading market for shares of Common Stock, the Fair Market Value of a share of Common Stock shall be determined by the Committee in good faith. In each case, the Fair Market Value shall be determined without regard to whether shares of Common Stock are restricted or represent a minority interest.

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