Market Value Assets. “Market Value of Assets” shall mean, with reference to any quarter end, the fair market value of the real estate (Net Fixed Assets including VIE property net value) of Borrower and its subsidiaries as reported in Borrower’s 10-Q and 10-K filings or, to the extent such fair market value is not reported in Borrower’s 10-Q and 10-K filings, the cost basis of such real estate, and the current market valuation of the bond portfolio (taxable and tax exempt Mortgage Revenue Bonds, Public Housing Capital Fund Trust, and Mortgage Backed Securities) of Borrower and its subsidiaries as reported in Borrower’s 10-Q and 10-K filings. “Market Value of Assets” shall also include Taxable Bonds, Governmental Issuer Loans, and Property Loans Net of Loan Loss Reserve, provided that the total value of the “Property Loans Net of Loan Loss Reserve” included in the calculation of the “Market Value of Assets” shall not in the aggregate exceed the lesser of: i) $25,000,000; or, ii) 5% of the total Market Value of Assets less “Property Loans Net of Loan Loss Reserve.” In addition, “Market Value of Assets” shall also include cash and restricted cash as reported in Borrower’s 10‑Q and 10-K filings, provided that the total value of

If the Company Stock is listed on any established stock exchange or quoted on any established stock market system, its Fair Market Value shall be the closing price for such stock on the Date of Grant as reported by such exchange or stock market system, or, if there are no trades on such date, the value shall be determined as of the last preceding day on which the Company Stock was traded.

Fair Market Value. For purposes of this Plan, the “Fair Market Value” of a Share will be determined as follows:

means, per Share on a particular date, # if the Shares are listed on a national securities exchange, the last sales price on that date on the national securities exchange on which the Stock is then traded, or if no sales of Stock occur on such date, then on the last preceding date on which there was a sale on such exchange; or # if the Shares are not listed on a national securities exchange, but are traded in an over-the-counter market, the last sales price (or, if there is no last sales price reported, the average of the closing bid and asked prices) for the Shares on that date, or on the last preceding date on which there was a sale of Shares on that market; or # if the Shares are neither listed on a national securities exchange nor traded in an over-the-counter market, the price determined by the Administrator, in its discretion. Notwithstanding the foregoing, in the case of the sale of Shares, the actual sale price shall be the Fair Market Value of such Shares.

means, per Share on a particular date, # if the Shares are listed on a national securities exchange, the last sales price on that date on the national securities exchange on which the Stock is then traded, or if no sales of Stock occur on such date, then on the last preceding date on which there was a sale on such exchange; or # if the Shares are not listed on a national securities exchange, but are traded in an over-the-counter market, the last sales price (or, if there is no last sales price reported, the average of the closing bid and asked prices) for the Shares on that date, or on the last preceding date on which there was a sale of Shares on that market; or # if the Shares are neither listed on a national securities exchange nor traded in an over-the-counter market, the price determined by the Administrator, in its discretion. Notwithstanding the foregoing, in the case of the sale of Shares, the actual sale price shall be the Fair Market Value of such Shares.

the closing trading price of the Shares on the NASDAQ Stock Market or, if the Shares are not traded on the NASDAQ Stock Market, on the New York Stock Exchange or any other national securities exchange on which they are traded;

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

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. If shares of the Class are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of the Class reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If shares of the Class are not then traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

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.