Common use of Current Market Price Clause in Contracts

Current Market Price. (1) In Section 3(b) and subsections (b), (c), (d) and (e) of this Section 7.1(a) the current market price per share of Common Stock on any date is: (i) if the Common Stock is not registered under the Exchange Act, then, based upon the Fair Market Value of 100% of the Company if sold as a going concern and without regard to any discount for the lack of liquidity or on the basis that the relevant shares of the Common Stock do not constitute a majority or controlling interest in the Company; or (ii) if the Common Stock is registered under the Exchange Act, the average of the Quoted Prices of the Common Stock for 20 consecutive trading days before the date in question. The "Quoted Price" of the Common Stock is the last reported sales price of the Common Stock as reported by Nasdaq National Market, or if the Common Stock is listed on a national securities exchange, the last reported sales price of the Common Stock on such exchange (which shall be for consolidated trading if applicable to such exchange), or if neither so reported or listed, the last reported bid price of the Common Stock. In the absence of one or more such quotations, the current market price of the Common Stock shall be determined as if the Common Stock was not registered under the Exchange Act.

Current Market Price. (1) In Section 3(b) and subsections (b), (c), (d) and (e) of this Section 7.1(a) the current market price per share of Common Stock on any date is: (i) if the Common Stock is not registered under the Exchange Act, then, based upon the Fair Market Value of 100% of the Company if sold as a going concern and without regard to any discount for the lack of liquidity or on the basis that the relevant shares of the Common Stock do not constitute a majority or controlling interest in the Company; or (ii) if the Common Stock is registered under the Exchange Act, the average of the Quoted Prices of the Common Stock for 20 consecutive trading days before the date in question. The "Quoted Price" of the Common Stock is the last reported sales price of the Common Stock as reported by Nasdaq National Market, or if the Common Stock is listed on a national securities exchange, the last reported sales price of the Common Stock on such exchange (which shall be for consolidated trading if applicable to such exchange), or if neither so reported or listed, the last reported bid price of the Common Stock. In the absence of one or more such quotations, the current market price of the Common Stock shall be determined as if the Common Stock was not registered under the Exchange Act.bid