Determination of Fair Market Value. For purposes of this Section 10.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 38 contracts
Samples: Loan Agreement (Environmental Impact Acquisition Corp), Cerecor Inc., Cerecor Inc.
Determination of Fair Market Value. For purposes of this Section 10.2, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 24 contracts
Samples: Loan and Security Agreement (Depomed Inc), Dot Hill Systems Corp, Dot Hill Systems Corp
Determination of Fair Market Value. For purposes of this Section 10.29.2, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 19 contracts
Samples: Registration Rights Agreement (Maverick Capital LTD), Modification Agreement (Easylink Services Corp), Modification Agreement (Easylink Services Corp)
Determination of Fair Market Value. For purposes of this Section 10.21.4(c), “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 9 contracts
Samples: Oceanaut, Inc., Oceanaut, Inc., Oceanaut, Inc.
Determination of Fair Market Value. For purposes of this Section 10.29(c), “"fair market value” " of a share of Common Stock or a Converted Warrant Share, as the case may be, as of a particular date (the “"Determination Date”") shall mean:
Appears in 5 contracts
Samples: Letter of Agreement (Atlantic Pharmaceuticals Inc), Atlantic Pharmaceuticals Inc, Atlantic Pharmaceuticals Inc
Determination of Fair Market Value. For purposes of this Section 10.22(b) ---------------------------------- above, “fair market value” value of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 5 contracts
Samples: Medjet Inc, Medjet Inc, Medjet Inc
Determination of Fair Market Value. For purposes of this Section 10.2, “fair market value” of a an ordinary share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 5 contracts
Samples: Stealth BioTherapeutics Corp, Stealth BioTherapeutics Corp, Stealth BioTherapeutics Corp
Determination of Fair Market Value. For purposes of this Section 10.21.5, “fair market value” of a share of Common Warrant Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 4 contracts
Samples: Asset Purchase Agreement (ONE Group Hospitality, Inc.), ProLink Holdings Corp., U S Wireless Data Inc
Determination of Fair Market Value. For purposes of this Section 10.210.3, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 4 contracts
Samples: Rhythms Net Connections Inc, Rhythms Net Connections Inc, Exelixis Inc
Determination of Fair Market Value. For purposes of this Section 10.210.1, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 4 contracts
Samples: Aronex Pharmaceuticals Inc, Aronex Pharmaceuticals Inc, Aronex Pharmaceuticals Inc
Determination of Fair Market Value. For purposes of this Section 10.29.2, “fair market value” of a share of Share (or Common Stock if the Shares have been converted into Common Stock) as of a particular date (the “Determination Date”) shall mean:
Appears in 4 contracts
Samples: CVRx, Inc., CVRx, Inc., CVRx, Inc.
Determination of Fair Market Value. For purposes of this Section 10.27, “the fair market value” value (the “Market Price”) of a share of Common Stock or Warrant Share as of a particular date (the “Determination Date”) shall meanmeans:
Appears in 3 contracts
Samples: Applied Therapeutics Inc., Applied Therapeutics Inc., Applied Therapeutics Inc.
Determination of Fair Market Value. For purposes of this Section 10.29.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 3 contracts
Samples: Registration Rights Agreement (RHO Ventures VI LP), Registration Rights Agreement (Bluefly Inc), Dot Hill Systems Corp
Determination of Fair Market Value. For purposes of this Section 10.29, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 3 contracts
Samples: Medibuy Com Inc, Nexstar Pharmaceuticals Inc, Medibuy Com Inc
Determination of Fair Market Value. For purposes of this Section 10.210.3, “"fair market value” " of a share of Common Capital Stock as of a particular date (the “Determination Date”"DETERMINATION DATE") shall mean:
Appears in 2 contracts
Samples: Registration Rights Agreement (Virologic Inc), Registration Rights Agreement (Virologic Inc)
Determination of Fair Market Value. For purposes of this Section 10.2, “"fair market value” " of a share of Common Stock as of a particular date (the “Determination Date”"DETERMINATION DATE") shall mean:
Appears in 2 contracts
Samples: Solicitation Agreement (Ribozyme Pharmaceuticals Inc), Ista Pharmaceuticals Inc
Determination of Fair Market Value. For purposes of this Section 10.21.4(c), “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 2 contracts
Samples: Majesco Holdings Inc, Connectiv Corp
Determination of Fair Market Value. For purposes of this Section 10.27, “fair market value” value of a share of Common Warrant Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 2 contracts
Samples: Marketing and Distribution Agreement (Buildnet Inc), Buildnet Inc
Determination of Fair Market Value. For purposes of this Section 10.210.1, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 2 contracts
Samples: Comscore, Inc., Comscore, Inc.
Determination of Fair Market Value. For purposes of this Section 10.2, “fair market value” of a share of Common Stock Share as of a particular date (the “Determination Date”) shall mean:
Appears in 2 contracts
Samples: Mohawk Group Holdings, Inc., Mohawk Group Holdings, Inc.
Determination of Fair Market Value. For purposes of this Section 10.28, “"fair market value” " of a share of Common Stock Share as of a particular date (the “"Determination Date”") shall mean:
Appears in 2 contracts
Samples: Warrant Agreement (Pro Dex Inc), Warrant Agreement (Pro Dex Inc)
Determination of Fair Market Value. For purposes of this Section 10.21.5, “"fair market value” " of a share of Common Warrant Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: TNX Television Holdings Inc
Determination of Fair Market Value. For purposes of this Section 10.21.4, “fair "Fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Intellect Neurosciences, Inc.
Determination of Fair Market Value. For purposes of this Section 10.210.3, “"fair market value” " of a share of Common Capital Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Virologic Inc
Determination of Fair Market Value. For purposes of this Section 10.29.1, “---------------------------------- "fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Integrated Packaging Assembly Corp
Determination of Fair Market Value. For purposes of Section 1 and this Section 10.22, “fair market value” value of a share of Common Stock as of a particular date (on the “Determination Date”) Conversion Date shall mean:
Appears in 1 contract
Samples: Nanogen Inc
Determination of Fair Market Value. For purposes of this Section 10.29.1, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Integrated Packaging Assembly Corp
Determination of Fair Market Value. For purposes of this ---------------------------------- Section 10.27, “fair market value” value of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Visual Numerics Inc
Determination of Fair Market Value. For purposes of this ---------------------------------- Section 10.210.3, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Loan Agrloan and Security Agreement (Pilot Network Services Inc)
Determination of Fair Market Value. For purposes of this Section 10.22(b), “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 1 contract
Samples: Bakbone Software Inc
Determination of Fair Market Value. For purposes of this Section 10.210, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Determination of Fair Market Value. For purposes of this Section 10.2, “fair market value” of a share of Common Stock Series Preferred as of a particular date (the “Determination Date”) shall mean:
Appears in 1 contract
Samples: Authentec Inc
Determination of Fair Market Value. For purposes of this Section 10.2Paragraph 10.3, “fair market value” value of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Tanox Inc
Determination of Fair Market Value. For purposes of this Section 10.2Warrant, “fair market value” of a one (1) share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 1 contract
Samples: Vallon Pharmaceuticals, Inc.
Determination of Fair Market Value. For purposes of this Section 10.2, “---------------------------------- "fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Xenogen Corp
Determination of Fair Market Value. For purposes of this Section 10.2Agreement, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 1 contract
Samples: TransTech Services Partners Inc.
Determination of Fair Market Value. For purposes of this Section 10.2Section, “fair market value” value of a one share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Qualmark Corp
Determination of Fair Market Value. For purposes of this Section 10.211.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 1 contract
Samples: Titan Pharmaceuticals Inc
Determination of Fair Market Value. For purposes of this ---------------------------------- Section 10.2(l), “fair market value” value of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:be determined in accordance with Section (c) of this Warrant."
Appears in 1 contract
Samples: Onesoft Corp
Determination of Fair Market Value. For purposes of this Section 10.29(d), “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 1 contract
Samples: Solyndra, Inc.
Determination of Fair Market Value. For purposes of this Section 10.22, “fair market value” the "Fair Market Value" of a share of Common Stock as of a particular date (the “Determination Date”) Conversion Date shall mean:
Appears in 1 contract
Samples: Iq Biometrix Inc
Determination of Fair Market Value. For purposes of this Section 10.22.4(c), “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Dyntek Inc
Determination of Fair Market Value. For purposes of this Section 10.2---------------------------------- 7, “fair market value” value of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:: -------------------
Appears in 1 contract
Samples: Total Sports Inc
Determination of Fair Market Value. For purposes of this Section 10.27, “fair market value” of a one share of Common Stock as of a particular date (the “Determination Date”) shall meanbe determined as follows:
Appears in 1 contract
Determination of Fair Market Value. For purposes of this Section 10.24, “fair market value” the term "Fair Market Value" of a share of Common Stock as of a particular specific date (the “"Determination Date”") shall meanmean the following:
Appears in 1 contract
Samples: Loan and Warrant Purchase Agreement (Best Software Inc)
Determination of Fair Market Value. For purposes of this Section 10.28.2, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Zapme Corp
Determination of Fair Market Value. For purposes of this Section 10.2Warrant, “fair market value” of a share of Common Stock an Ordinary Shares as of a particular date (the “Determination Date”) shall mean:):
Appears in 1 contract
Determination of Fair Market Value. For purposes of this Section 10.2Agreement, “"fair market value” " of a share of Common Stock as of a particular date (the “Determination Date”"DETERMINATION DATE") shall mean:
Appears in 1 contract
Samples: Harbor Business Acquisition Corp.
Determination of Fair Market Value. For purposes of this Section 10.21.5, “fair market value” "FAIR MARKET VALUE" of a share of Common Warrant Stock as of a particular date (the “Determination Date”"DETERMINATION DATE") shall mean:
Appears in 1 contract
Samples: Mediavest, Inc.
Determination of Fair Market Value. For purposes of this Section 10.21(b), “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 1 contract
Samples: Pure Bioscience, Inc.
Determination of Fair Market Value. For purposes of this Section 10.210.3, “"fair market value” " of a share of Common Stock Stock, as applicable, as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Airgate Wireless Inc
Determination of Fair Market Value. For purposes of this Section 10.2---------------------------------- 9, “"fair market value” " of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Zhone Technologies Inc
Determination of Fair Market Value. For purposes of this Section 10.21.4, “fair market value” of a share of Common Warrant Stock as of a particular date (the “Determination Date”) shall mean:
Appears in 1 contract
Samples: assets2.flashfunders.com
Determination of Fair Market Value. For purposes of this Section 10.2(j), “fair current market value” value of a share of Common Stock as of a particular date (the “"Determination Date”") shall mean:be determined in accordance with Section (c) of this Warrant.
Appears in 1 contract
Determination of Fair Market Value. For purposes of this Section 10.2Warrant, “fair market value” of a share of Common Stock an Ordinary Share as of a particular date (the “Determination Date”) shall mean:):
Appears in 1 contract
Determination of Fair Market Value. For purposes of this Section 10.2, “"fair market value” " of a share of Common Stock as of a particular date (the “Determination "DETERMINATION Date”") shall mean:
Appears in 1 contract
Samples: Ista Pharmaceuticals Inc
Determination of Fair Market Value. For purposes of this Section 10.2, “"fair market value” " of a share of Common Stock of the Company or a share of common stock of another corporation as of a particular date (the “"Determination Date”") shall mean:
Appears in 1 contract
Samples: Stockholders Agreement (DSL Net Inc)
Determination of Fair Market Value. For purposes of this Section 10.2Warrant, “fair market value” of a share of Common Stock an Ordinary Share as of a particular date (the “Determination Date”) shall mean:):
Appears in 1 contract
