Common use of Current Market Price; Price Per Share Clause in Contracts

Current Market Price; Price Per Share. (i) For the purpose of any computation under Section 4.2 hereof or this Section 9.1, the "Current Market Price" per share of Common Stock at any date shall be the average of the daily closing prices for the 20 consecutive trading days preceding the date of such computation. The closing price for each day shall be (x) if the Common Stock shall be then listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE - Consolidated Tape (or any successor composite tape reporting transactions on the New York Stock Exchange) or, (y) if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case on the principal national securities exchange on which the shares of Common Stock are listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common stock have been traded during such 20 consecutive trading days) or (z) if the Common Stock is not listed or admitted to trading, the average of the closing bid and asked prices of the Common Stock in the over-the-counter market as reported by The Nasdaq National Market or any comparable system or, if the Common Stock is not included for quotation in The Nasdaq National Market or a comparable system, the average of the closing bid and asked prices as furnished by two members of the NASD selected reasonably and in good faith from time to time by the Board of Directors for that purpose. In the absence of one or more such quotations, the Current Market Price per share of the Common Stock shall be determined reasonably and in good faith by the Board of Directors of the Company.

Current Market Price; Price Per Share. (i) For the purpose of any computation under Section section 4.2 hereof or this Section section 9.1, the "Current Market Price" current market price per share of Common Stock at any date shall be the average of the daily closing prices price for the 20 consecutive trading days day preceding the date of such computationcomputation (the "Current Market Price"). The closing price for each such day shall be (x) if the Common Stock shall be then listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE - Consolidated Tape (or any successor composite tape reporting transactions on the New York Stock Exchange) or, (y) if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case on the principal national securities exchange on which the shares of Common Stock are listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common stock have Stock has been traded during such 20 consecutive trading daysday) or (zy) if the Common Stock is not listed or admitted to trading, the average of the closing bid and asked prices of the Common Stock in the over-the-counter market as reported by The Nasdaq National Market Association of Securities Dealers Automated Quotations ("NASDAQ") or any NASDAQ/NMS or comparable system then in use or, if the Common Stock is not included for quotation in The Nasdaq National Market or a comparable systemso reported, the average of the closing bid and asked prices as furnished by two members of the NASD selected reasonably and in good faith from time to time by the Board of Directors for that purpose. In the absence of one or more such quotations, the Current Market Price per share of the Common Stock shall be determined reasonably and in good faith by the Board of Directors of the Company.

Current Market Price; Price Per Share. (i) For the purpose of any ------------------------------------- computation under Section 4.2 hereof or this Section 9.1, the "Current Market Price" per share of -------------------- Common Stock at any date shall be the volume weighted daily average of the daily closing prices for the 20 consecutive trading days preceding the date of such computation. The closing price for each day shall be (x) if the Common Stock shall be then listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE - Consolidated Tape (or any successor composite tape reporting transactions on the New York Stock Exchange) or, or (y) if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case on the principal national securities exchange on which the shares of Common Stock are listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common stock Stock have been traded during such 20 consecutive trading days) or (z) if the Common Stock is not listed or admitted to trading, the average of the closing bid and asked prices of the Common Stock in the over-the-counter market as reported by The the Nasdaq National Market or any comparable system or, if the Common Stock is not included for quotation in The the Nasdaq National Market or a comparable system, the average of the closing bid and asked prices as furnished by two members of the NASD selected reasonably and in good faith from time to time by the Board of Directors of the Company for that purpose. In the absence of one or more such quotations, the Current Market Price per share of the Common Stock shall be determined reasonably and in good faith by the Board of Directors of the Company.

Current Market Price; Price Per Share. (i) For the purpose of any computation under Section 4.2 hereof or this Section 9.1, the "Current Market Price" per share of Common Stock at any date shall be the volume weighted daily average of the daily closing prices for the 20 consecutive trading days preceding the date of such computation. The closing price for each day shall be (x) if the Common Stock shall be then listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE - Consolidated Tape (or any successor composite tape reporting transactions on the New York Stock Exchange) or, or (y) if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case on the principal national securities exchange on which the shares of Common Stock are listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common stock Stock have been traded during such 20 consecutive trading days) or (z) if the Common Stock is not listed or admitted to trading, the average of the closing bid and asked prices of the Common Stock in the over-the-counter market as reported by The the Nasdaq National Market or any comparable system or, if the Common Stock is not included for quotation in The the Nasdaq National Market or a comparable system, the average of the closing bid and asked prices as furnished by two members of the NASD selected reasonably and in good faith from time to time by the Board of Directors of the Company for that purpose. In the absence of one or more such quotations, the Current Market Price per share of the Common Stock shall be determined reasonably and in good faith by the Board of Directors of the Company.

Current Market Price; Price Per Share. (i) For the purpose of any computation under Section 4.2 hereof or this Section 9.1, the "Current Market PriceCURRENT MARKET PRICE" per share of Common Stock at any date shall be the average of the daily closing prices for the 20 consecutive trading days preceding the date of such computation. The closing price for each day shall be (x) if the Common Stock shall be then listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE - Consolidated Tape (or any successor composite tape reporting transactions on the New York Stock Exchange) or, (y) if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case on the principal national securities exchange on which the shares of Common Stock are listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common stock have been traded during such 20 consecutive trading days) or (z) if the Common Stock is not listed or admitted to trading, the average of the closing bid and asked prices of the Common Stock in the over-the-counter market as reported by The Nasdaq National Market or any comparable system or, if the Common Stock is not included for quotation in The Nasdaq National Market or a comparable system, the average of the closing bid and asked prices as furnished by two members of the NASD selected reasonably and in good faith from time to time by the Board of Directors for that purpose. In the absence of one or more such quotations, the Current Market Price per share of the Common Stock shall be determined reasonably and in good faith by the Board of Directors of the Company.

Current Market Price; Price Per Share. (i) For the purpose of any computation under Section 4.2 hereof or this Section 9.18.1, the "Current Market Price" per share of Common Stock at any date shall be the average Twenty-Day Average Price. (ii) For purposes of the daily closing prices for the 20 consecutive trading days preceding the date of such computation. The closing price for each day this Section 8.1, "Price Per Share" shall be defined and determined according to the following formula: P = R/N where P = Price Per Share; R = the "Proceeds" received or receivable by the Company which (xw) if the Common Stock shall be then listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE - Consolidated Tape (or any successor composite tape reporting transactions on the New York Stock Exchange) or, (y) if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case on the principal national securities exchange on which the shares of Common Stock are listed is the total amount received or admitted receivable by the Company in consideration for the issuance and sale of such shares; (x) in the case of Rights or of Convertible Securities with respect to trading shares of Common Stock, is the total amount received or receivable by the Company in consideration for the issuance and sale of Rights or such Convertible Securities, plus the minimum aggregate amount of additional consideration, other than the surrender of such Convertible Securities, payable to the Company upon exercise, conversion or exchange thereof; (which y) in the case of Rights to subscribe for or purchase such Convertible Securities, is the total amount received or receivable by the Company in consideration for the issuance and sale of such Rights plus the minimum aggregate amount of additional consideration, other than the surrender of such Convertible Securities, payable upon the exercise of such Rights and on the conversion or exchange or exercise of such Convertible Securities; and (z) in the case of a redemption of shares of Common Stock is the total amount paid or payable by the Company as consideration for the shares redeemed, provided that in each case the proceeds received or receivable or paid or payable by the Company shall be the national securities exchange on net cash proceeds after deducting therefrom any compensation paid or discount allowed in the sale, underwriting or purchase thereof by underwriters or dealers or others performing similar services; and N = the "Number of Shares," which (x) in the greatest case of Common Stock is the number of shares issued; (y) in the case of Rights or of Convertible Securities with respect to shares of Common Stock, is the number of shares of Common Stock issuable upon exercise, conversion or exchange thereof for the Common stock have been traded during such 20 consecutive trading days) or minimum aggregate amount of additional consideration referred to above in the definition of Proceeds; and (z) if in the case of shares of Common Stock redeemed is not listed or admitted to trading, the average number of shares redeemed by the closing bid and asked prices of the Common Stock Company. (f) When De Minimis Adjustment May Be Deferred. No adjustment in the over-the-counter market as reported by The Nasdaq National Market or any comparable system or, if the Common Stock is not included for quotation in The Nasdaq National Market or a comparable system, the average number of the closing bid and asked prices as furnished by two members of the NASD selected reasonably and in good faith from time to time by the Board of Directors for that purpose. In the absence of one or more such quotations, the Current Market Price per share of the Common Stock Warrant Shares purchasable hereunder shall be determined reasonably required unless such adjustment would require an increase or decrease of at least one percent (1%) in the number of Warrant Shares purchasable upon the exercise of each Warrant, provided that any adjustments which by reason of this paragraph (f) are not required to be made shall be carried forward and taken into account in good faith by any subsequent adjustment. All calculations shall be made to the Board nearest one-thousandth of Directors of a Warrant Share and the Company.nearest cent. (g)

Current Market Price; Price Per Share. (i) For the purpose of any computation under Section 4.2 hereof or this Section 9.1, the "Current Market Price" per share of Common Stock at any date shall be the average of the daily closing prices for the 20 consecutive trading days preceding the date of such computation. The closing price for each day shall be (x) if the Common Stock shall be then listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE - NYSE-Consolidated Tape (or any successor composite tape reporting transactions on the New York Stock Exchange) or, (y) if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case on the principal national securities exchange on which the shares of Common Stock are listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common stock Stock have been traded during such 20 consecutive trading days) or (zy) if the Common Stock is not listed or admitted to trading, the average of the closing sale prices as reported by the NASDAQ National Market System or, if the Common Stock is not included on such system, the average of the closing bid and asked prices of the Common Stock in the over-the-counter market as reported by The Nasdaq National Market any system maintained by the NASD or any comparable system or, if the Common Stock is not included for quotation in The Nasdaq National Market or a comparable any such system, the average of the closing bid and asked prices as furnished by two members of the NASD selected reasonably and in good faith from time to time by the Board of Directors for that purpose. In the absence of one or more such quotations, the Current Market Price per share of the Common Stock shall be determined reasonably and in good faith by the Board of Directors of the Company.