Fair Market. Value per share of Common Stock on any relevant date shall be determined in accordance with the following provisions:
Fair Market. Value per share of Common Stock on any relevant date shall be the closing selling price per share of Common Stock at the close of regular hours trading (i.e., before after-hours trading beings) on date in question on the Stock Exchange serving as the primary market for the Common Stock, as such price is reported by the National Association of Securities Dealers (if primarily traded on the Nasdaq Global Select Market) or as officially quoted in the composite tape of transactions on any other Stock Exchange on which the Common Stock is then primarily traded. If there is no closing selling price for the Common Stock on the date in question, then the Fair Market Value shall be the closing selling price on the last preceding date for which such quotation exists.
Fair Market. Value: each such sale, lease or disposition shall be in an arm’s-length transaction and for Fair Market Value;
Fair Market. Value of a share of Common Stock as of any given date (i) prior to August 7, 2003, means the closing sale price of a share of Common Stock on the New York Stock Exchange Composite Tape on such date, or (ii) on or after August 7, 2003, means the closing sale price of a share of Common Stock on the New York Stock Exchange Composite Tape on the next preceding date that the Common Stock was traded on such exchange, in either case as reported by such source as the Committee may select.
Fair Market. Value on any date means the closing price of a Share (or a WABCO Share as the case may be) on such date as reported on the New York Stock Exchange consolidated reporting system.
Fair Market. Lessee may give Lessor written notice not less than 90 days prior to the end of the Basic Term, a Fixed Rate Renewal Term or a Fair Market Renewal Term (subject to the limitations otherwise provided in this Section 22.4(b)), regardless of whether Lessee is then entitled to renew this Lease for a Fixed Rate Renewal Term, that Lessee elects to renew this Lease under this Section 22.4(b) with respect to any or all of the Units then leased hereunder for a term of one or more years as Lessee shall specify in such notice (the "Fair Market Renewal Term"), which notice shall be irrevocable. The Basic Rent for the Units leased during the Fair Market Renewal Term shall be the Fair Market Rental Value thereof, payable semiannually in arrears. The Fair Market Renewal Term shall commence immediately upon the expiration of the Base Term or the preceding Fixed Rate Renewal Term or Fair Market Renewal Term, as the case may be.
Fair Market. Lessee may give Lessor written notice not ----------- less than 90 days prior to the end of the Basic Term, a Fixed Rate Renewal Term or a Fair Market Renewal Term (subject to the limitations otherwise provided in this Section 22.4(b)) that Lessee elects to renew this Lease under this Section 22.4(b) with respect to any or all of the Units (as specified in such notice, and subject to the minimum number of Units and the criteria for selection of such Units referred to in Section 22.2) then leased hereunder for a term of one or more years as Lessee shall specify in such notice (the "Fair Market Renewal ------------------- Term"), which notice shall be irrevocable. The Basic Rent for the Units leased ---- during the Fair Market Renewal Term shall be determined in accordance with Section 22.5 and shall be for the first such renewal, an amount equal to 105% of the Fair Market Rental Value of such Units, and for any subsequent renewal under this Section 22.4(b), an amount equal to the Fair Market Rental Value of such Units, payable semiannually in arrears provided, however, if prior to the -------- ------- commencement of the first Fixed Rate Renewal Term, Lessee and Owner Participant shall have received an opinion of Xxxxxx, Xxxxxx & Xxxxxxxx, or of other independent counsel of national recognition selected by the Owner Participant and reasonably acceptable to the Lessee (which the Owner Participant agrees to seek at the request and expense of the Lessee) to the effect that the elimination of such premium will not result in such renewal term being includable in the "lease term", as defined in Treasury Regulation (S)1.467- 1(h)(6), or any successor thereto, in a manner that adversely affects the Net Economic Return, such 5% premium above Fair Market Rental Value shall not be included in the first Fair Market Renewal Term hereunder. The Fair Market Renewal Term shall commence immediately upon the expiration of the Basic Term or the preceding Fixed Rate Renewal Term or Fair Market Renewal Term, as the case may be.
Fair Market. Value Means, for the date in question, the closing ----------------- price of a share of Konover Property Trust, Inc. (formerly FAC Realty, Inc.) Common Stock on the New York Stock Exchange or such other securities exchange upon which the Stock is listed; provided, if there is no trading permitted on such date, then the closing price on the last previous day upon which trading is permitted.
Fair Market. Rental Value shall be submitted to as follows: Landlord and Tenant shall each notify the other of its chosen broker within ten (10) business days following the call for broker determination. Each broker shall submit its determination of such Fair Market Rental Value to a neutral third party ("Neutral") to be agreed upon by the parties on the date ten (10) business days after the last broker to be selected. The Neutral shall open such determinations at the same time. If the lower determination is not less than ninety (90%) percent of the higher determination, then the Fair Market Rental Value shall be equal to the average of the two determinations. Otherwise, the parties shall select an appraiser satisfying the qualifications set forth in Subparagraph (4) below, and such Fair Market Rental Value shall be determined as hereinafter set forth.
Fair Market. Value of a share of the Common Stock for any purpose on a particular date means the fair market value of such share as determined in a manner such as the Board (or the Committee if such responsibilities are delegated thereto by the Board) shall in good faith determine to be appropriate; provided, however, that in the case of incentive stock options, the determination of Fair Market Value shall be made by the Board (or the Committee if such responsibilities are delegated thereto by the Board) in good faith in conformance with the Treasury Regulations under Section 422 of the Code. 2
