Common use of Amount Deemed Paid or Distributed Clause in Contracts

Amount Deemed Paid or Distributed. If the amount deemed paid or distributed under this Section 2.3 is made in property other than in cash, the value of such distribution will be the fair market value of such property, determined as follows: (a) For securities not subject to investment letters or other similar restrictions on free marketability, (i) if traded on a securities exchange or the NASDAQ Stock Market, the value will be deemed to be the average of the closing prices of the securities on such exchange or market over the 30-period ending three days prior to the closing of such transaction; (ii) if actively traded over-the-counter, the value will be deemed to be the average of the closing bid prices over the 30-day period ending three days prior to the closing of such transaction; or (iii) if there is no active public market, the value will be the fair market value thereof, as determined in good faith by the Board of Directors of the Corporation. (b) The method of valuation of securities subject to investment letters or other similar restrictions on free marketability (other than restrictions arising solely by virtue of a stockholder’s status as an affiliate or former affiliate) will take into account an appropriate discount (as determined in good faith by the Board of Directors of the Corporation) from the market value as determined pursuant to clause (a) above so as to reflect the approximate fair market value thereof.

Amount Deemed Paid or Distributed. If the amount deemed paid or distributed under this Section 2.3 Subsection 28.5(b) is made in property other than in cash, the value of such distribution will shall be the fair market value of such property, determined as follows: (ai) For securities not subject to investment letters or other similar restrictions on free marketability, (iA) if traded on a securities exchange or the NASDAQ Stock Marketexchange, the value will shall be deemed to be the average of the closing prices of the securities on such exchange or market over the 3020-day period ending three trading days prior to the closing of such transaction; (iiB) if actively traded over-the-counter, the value will shall be deemed to be the average of the closing bid prices over the 30-day period ending three trading days prior to the closing of such transaction; or (iiiC) if there is no active public market, the value will shall be the fair market value thereof, as determined in good faith by the Board of Directors of the CorporationCompany. (bii) The method of valuation of For securities subject to investment letters or other similar restrictions on free marketability (other than restrictions arising solely by virtue of a stockholdershareholder’s status as an affiliate or former affiliate) will take into account an appropriate discount (as ), the value shall be determined in good faith by the Board of Directors of the Corporation) from the market value as determined pursuant to clause (a) above so as to reflect the approximate fair market value thereofCompany.

Amount Deemed Paid or Distributed. If the amount deemed paid or distributed under this Section 2.3 Subsection 3.3.3 is made in property other than in cash, the value of such distribution will shall be the fair market value of such property, determined as follows: (a) For securities not subject to investment letters or other similar restrictions on free marketability, (i) if traded on a securities exchange or the NASDAQ Stock Marketexchange, the value will shall be deemed to be the average of the closing prices of the securities on such exchange or market over the thirty (30-) day period ending three (3) days prior to the closing of such transaction; (ii) if actively traded over-the-counter, the value will shall be deemed to be the average of the closing bid prices over the thirty (30-) day period ending three (3) days prior to the closing of such transaction; or (iii) if there is no active public market, the value will shall be the fair market value thereof, as determined in good faith by the Board of Directors of the Corporation. (b) The method of valuation of securities subject to investment letters or other similar restrictions on free marketability (other than restrictions arising solely by virtue of a stockholder’s status as an affiliate or former affiliate) will shall take into account an appropriate discount (as determined in good faith by the Board of Directors of the Corporation) from the market value as determined pursuant to clause (a) above so as to reflect the approximate fair market value thereof.

Amount Deemed Paid or Distributed. If the amount deemed paid or distributed under this Section 2.3 Subsection 29.5(b) is made in property other than in cash, the value of such distribution will shall be the fair market value of such property, determined as follows: (ai) For securities not subject to investment letters or other similar restrictions on free marketability, (iA) if traded on a securities exchange or the NASDAQ Stock Marketexchange, the value will shall be deemed to be the average of the closing prices of the securities on such exchange or market over the 3020-day period ending three trading days prior to the closing of such transaction; (iiB) if actively traded over-the-counter, the value will shall be deemed to be the average of the closing bid prices over the 30-day period ending three trading days prior to the closing of such transaction; or (iiiC) if there is no active public market, the value will shall be the fair market value thereof, as determined in good faith by the Board of Directors of the CorporationCompany. (bii) The method of valuation of For securities subject to investment letters or other similar restrictions on free marketability (other than restrictions arising solely by virtue of a stockholdershareholder’s status as an affiliate or former affiliate) will take into account an appropriate discount (as ), the value shall be determined in good faith by the Board of Directors of the Corporation) from the market value as determined pursuant to clause (a) above so as to reflect the approximate fair market value thereofCompany.