Calculation of FMV. For purposes of the calculation above, the fair market value of one Share shall be the average for the five trading days immediately prior to the date of determination thereof of the last reported sale price regular way on each such day, or, in the case no such sale takes place on any such day, the average of the reported closing bid and asked prices regular way of the shares of Common Stock on such day, in each case as quoted on the New York Stock Exchange, as reported by Bloomberg Markets, or such other principal securities exchange or inter-dealer quotation system on which the shares of Common Stock are then traded.
Calculation of FMV. For purposes of the calculation above, the fair market value of one Share shall be the volume-weighted sales price per share rounded to four decimal places of the Common Stock on the New York Stock Exchange for the consecutive period of five (5) business days beginning at 9:30am New York time on the fifth (5th) business day immediately preceding the date of such calculation and concluding at 4:00 p.m. New York time on the first (1st) business day immediately preceding the date of such calculation, as calculated by Bloomberg Financial LP under the function “VWAP” for the Bloomberg security “PANW US Equity.”
Calculation of FMV. For purposes of the calculation above, the fair market value of one share of Common Stock shall be the average of the daily volume weighted average for the five Trading Days immediately prior to the date of determination thereof or, in the case no such sale takes place on any such Trading Day, the average of the reported closing bid and asked prices regular way of the shares of Common Stock on such Trading Day, in each case as quoted on the Principal Market, as reported by Bloomberg, or such other principal securities exchange or inter-dealer quotation system, in each case, on which the shares of Common Stock are then traded. In the event the Common Stock is not quoted on the Principal Market or reported on any other national securities exchange or inter-dealer quotation system, the fair market value of one share of Common Stock shall be the last trade price of the Common Stock in the over-the-counter market on the electronic bulletin board for such security as reported by Bloomberg, or, if no last trade price is reported for the Common Stock by Bloomberg, the average of the ask prices of any market makers for the Common Stock as reported in the “pink sheets” by OTC Markets Group Inc. If the fair market value of one share of Common Stock cannot be calculated on a particular date on any of the foregoing bases, the fair market value of one share of Common Stock on such date shall be mutually determined by the Company and the Holder; provided, that if the Company and the Holder are unable to agree upon the fair market value of such security, then such dispute shall be resolved in accordance with the procedures in Section 1(e).
Calculation of FMV. The FMV of the Premises shall be determined by: (a) excluding the value of all then-existing Improvements located on the Premises (including those Improvements constructed by Lessee and Subtenants); (b) assuming that the Premises are unencumbered by this Lease or by any subleases; and (c) assuming that the use of the Premises is for a project (i) in good condition and repair, (ii) in a general condition that is commensurate with buildings in Vancouver, Washington that are similar in type and of a similar age, (iii) and with the same product type, density, net rentable square footage, location, and the same uses as the then-existing Improvements located on the Premises.
Calculation of FMV. For purposes of this Warrant, “Fair Market Value Per Share” means the fair market value of one share of Class A Common Stock calculated as the average of the daily volume weighted average for the ten consecutive Trading Days immediately prior to the date of determination thereof or, in the case no such sale takes place on any such day, the average of the reported closing bid and asked prices regular way of the shares of Class A Common Stock on such day, in each case as quoted on the New York Stock Exchange (“NYSE”), as reported by Bloomberg, or such other principal securities exchange or inter-dealer quotation system, in each case, on which the shares of Class A Common Stock are then traded or, if the shares of Class A Common Stock are no longer listed or quoted, such fair market value as determined by the Board of Directors of the Company in good faith.
