Common use of Determination of Fair Market Value Clause in Contracts

Determination of Fair Market Value. For purposes of this Section 9.2, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean: (i) If traded on a securities exchange, the fair market value of the Common Stock shall be deemed to be the average of the closing prices of the Common Stock on such exchange over the five trading days immediately prior to the Determination Date; (ii) If traded on the Nasdaq Stock Market or other over-the-counter system, the fair market value of the Common Stock shall be deemed to be the average of the closing sale prices, or if there shall be no closing sale price on any day the average of the closing bid and ask prices for such day, of the Common Stock over the five trading days immediately prior to the Determination Date; and (iii) If there is no public market for the Common Stock, then fair market value shall be determined by mutual agreement of the holder of this Warrant and the Company. If closing prices or closing bid and ask prices are no longer reported by a securities exchange or other trading system, the closing price or closing bid and ask prices shall be that which is reported by such securities exchange or other trading system at 4:00 p.m. New York City time on the applicable trading day.

Determination of Fair Market Value. For purposes of this Section 9.210.2, "“fair market value" ” of a an ordinary share of Common Stock as of a particular date (the "“Determination Date"”) shall mean: (i) If traded on a securities exchange, the fair market value of the Common Stock ordinary shares shall be deemed to be the average of the closing prices of the Common Stock ordinary shares on such exchange over the five (5) trading days immediately prior to the Determination Date; (ii) If traded on the Nasdaq NASDAQ Stock Market or other over-the-counter system, the fair market value of the Common Stock ordinary shares shall be deemed to be the average of the closing sale prices, or if there shall be no closing sale price on any day the average prices of the closing bid and ask prices for such day, of the Common Stock ordinary shares over the five (5) trading days immediately prior to the Determination Date; and (iii) If there is no public market for the Common Stockordinary shares, then fair market value shall be determined by mutual agreement of the holder of this Warrant and the Company. If closing prices or closing bid and ask prices are no longer reported by a securities exchange or other trading system, the closing price or closing bid and ask prices price shall be that which is reported by such securities exchange or other trading system at 4:00 p.m. New York City time on the applicable trading day.

Determination of Fair Market Value. For purposes of this Section 9.2, "“fair market value" ” of a share of Common Stock as of a particular date (the "“Determination Date"”) shall mean: (i) If traded on a securities exchange, the fair market value of the Common Stock shall be deemed to be the average of the closing prices of the Common Stock on such exchange over the five trading days immediately prior to the Determination Date; (ii) If traded on the Nasdaq Stock Market or other an over-the-counter system, the fair market value of the Common Stock shall be deemed to be the average of the closing sale prices, or if there shall be no closing sale price on any day the average of the closing bid and ask prices for such day, of the Common Stock over the five trading days immediately prior to the Determination Date; and (iii) If there is no public market for the Common Stock, then fair market value shall be determined by mutual agreement of the holder of this Warrant and the Company. If closing prices or closing bid and ask prices are no longer reported by a securities exchange or other trading system, the closing price or closing bid and ask prices price shall be that which is reported by such securities exchange or other trading system at 4:00 p.m. New York City time on the applicable trading day.