Determination of Fair Value. For purposes of this Section 4, fair market value of a Share and of a Converted Warrant Share as of a particular date shall be determined as follows: (a) if such Share is then quoted on The American Stock Exchange, any other national securities exchange, Nasdaq, or the OTC Bulletin Board, the simple average of the closing sales prices as reported on such exchange or market for the ten (10) consecutive trading days prior to such date; (b) if such share is publicly traded but is not quoted on The American Stock Exchange, any other national securities exchange, Nasdaq nor the OTC Bulletin Board, the value shall be the fair market value thereof, as determined in good faith by the Board of Directors of the Company.
Appears in 9 contracts
Samples: Warrant Agreement (E-Medsoft Com), Warrant Agreement (E-Medsoft Com), Warrant Agreement (E-Medsoft Com)
