Common use of Closing Market Price Clause in Contracts

Closing Market Price. For purposes of this Agreement, the “Closing Market Price” shall be the average of the per share closing bid and asked prices for Fxxxxx Common Stock, calculated to two decimal places, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein), as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System (“NASDAQ”), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the “Price Determination Period” (For example, if January 15, 2006 were to be the Effective Date, then the Price Determination Period would be December 29-30, 2005 and January 2-6 and January 9-11, 2006). In the event that NASDAQ shall fail to report closing bid and asked prices for Fxxxxx Common Stock for any trading day during the Price Determination Period, the closing bid and asked prices for that day shall be equal to the average of the closing bid and asked prices as quoted: (i) by F. X. Xxxxxxxxx & Company, Inc. and by Rxxx, Bxxx & Co.; or (ii) in the event that both of these firms are not then making a market in Fxxxxx Common Stock, by two brokerage firms then making a market in Fxxxxx Common Stock to be selected by Fulton and approved by Columbia.

Closing Market Price. For purposes of this Agreement, the “-------------------- Closing Market Price” Price shall be the average of the per share closing bid and asked prices for Fxxxxx FFC Common Stock, calculated to two decimal places, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein), as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System (“"NASDAQ”"), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the “"Price Determination Period” " (For example, if January 15June 30, 2006 2001 were to be the Effective Date, then the Price Determination Period would be December 29-30June 14, 2005 15, 18, 19, 20, 21, 22, 25, 26 and January 2-6 and January 9-1127, 20062001). In the event that NASDAQ shall fail to report closing bid and asked prices for Fxxxxx FFC Common Stock for any trading day during the Price Determination Period, the closing bid and asked prices for that day shall be equal to the average of the closing bid and asked prices as quoted: (i) by F. X. X. Xxxxxxxxx & Company, Inc. and by RxxxXxxx, Bxxx Xxxx & Co.; or (ii) in the event that both of these firms are not then making a market in Fxxxxx FFC Common Stock, by two brokerage firms then making a market in Fxxxxx FFC Common Stock to be selected by Fulton FFC and approved by ColumbiaDBC.

Closing Market Price. For purposes of this Agreement, the “Closing Market Price” shall be the average of the per share closing bid and asked prices for Fxxxxx Xxxxxx Common Stock, calculated to two decimal places, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein), as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System (“NASDAQ”), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the “Price Determination Period” (For example, if January 15, 2006 were to be the Effective Date, then the Price Determination Period would be December 29-30, 2005 and January 2-6 and January 9-11, 2006). In the event that NASDAQ shall fail to report closing bid and asked prices for Fxxxxx Xxxxxx Common Stock for any trading day during the Price Determination Period, the closing bid and asked prices for that day shall be equal to the average of the closing bid and asked prices as quoted: (i) by F. X. X. Xxxxxxxxx & Company, Inc. and by RxxxXxxx, Bxxx Xxxx & Co.; or (ii) in the event that both of these firms are not then making a market in Fxxxxx Xxxxxx Common Stock, by two brokerage firms then making a market in Fxxxxx Xxxxxx Common Stock to be selected by Fulton and approved by Columbia.

Closing Market Price. For purposes of this Agreement, the “--------------------- "Closing Market Price” " shall be the average of the per share closing bid and asked prices for Fxxxxx Fulton Common Stock, calculated calxxxxxxd to two decimal places, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein), as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System (“"NASDAQ”"), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the “"Price Determination Period” " (For example, if January 15June 30, 2006 2005 were to be the Effective Date, then the Price Determination Period would be December 29June 14-3017, 2005 June 20-24 and January 2-6 and January 9-11June 27, 20062005). In the event that NASDAQ shall fail to report closing bid and asked prices for Fxxxxx Fulton Common Stock for any xxx trading day during the Price Determination Period, the closing bid and asked prices for that day shall be equal to the average of the closing bid and asked prices as quoted: (i) by F. X. Xxxxxxxxx J. Morrissey & Company, Inc. and by RxxxXxx. xxx xx Xxan, Bxxx Beck & Co.; or xx (iiix) in xn the event that both of these firms are not then making a market in Fxxxxx Fulton Common Stock, by two brokerage twx xxxxerage firms then making a market in Fxxxxx Fulton Common Stock to be selected sxxxxxxd by Fulton and approved by ColumbiaSomerset.