Common use of DETERMINATION OF MARKET VALUE Clause in Contracts

DETERMINATION OF MARKET VALUE. For purposes of this Agreement, the Current Market Value of a share of Common Stock (the "Current Market Value") shall be the closing price per share of Common Stock on the date of determination. The closing price for any day shall be the last sale price, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the New York Stock Exchange or, if the Common Stock is not listed or admitted to trading on the New York Stock Exchange, as reported in the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which the Common Stock is listed or admitted to trading or, if the Common Stock is not listed or admitted to trading on any national securities exchange, the last quoted price or, if not so quoted, the average of the high bid and low asked prices in the over-the-counter market, as reported by NASDAQ (including the OTCBB), the National Quotation Bureau Incorporated or such other system then in use with respect to the Common Stock, or, if on any such date the Common Stock is not quoted by any such organization, the average of the closing bid and asked prices as furnished by a professional market maker making a market in the Common Stock selected by the Board of Directors. If the Common Stock is not publicly held or so listed or traded, the Current Market Value shall mean the current value per share as determined in good faith by the Board of Directors of the Company at its expense. If a Holder objects to the Current Market Value as so determined, an independent investment banker reasonably acceptable to such Holder(s) and the Company shall make a determination of Current Market Value which shall be conclusive. If such determination is five percent (5%) or more greater than the current value as determined by the Board of Directors, then the Company shall pay the reasonable costs and expenses of such independent investment banker; otherwise the Holder(s) shall pay such costs and expenses.

DETERMINATION OF MARKET VALUE. For purposes of this Agreement, the Current Market Value ----------------------------- current market value of a share of Common Stock (the "Current Market Value") shall be the closing price per share of Common Stock on the date of determination. The closing price for any day shall be the last sale price, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the New York Stock Exchange or, if the Common Stock is not listed or admitted to trading on the New York Stock Exchange, as reported in the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which the Common Stock is listed or admitted to trading or, if the Common Stock is not listed or admitted to trading on any national securities exchange, the last quoted price or, if not so quoted, the average of the high bid and low asked prices in the over-the-counter market, as reported by NASDAQ (including the OTCBB), the National Quotation Bureau Incorporated or such other system then in use with respect to the Common Stockuse, or, if on any such date the Common Stock is not quoted by any such organization, the average of the closing bid and asked prices as furnished fUrnished by a professional market maker making a market in the Common Stock selected by the Board of Directors. If the Common Stock is not publicly held or so listed or traded, the Current Market Value current market value shall mean the current value per share as determined in good faith by the Board of Directors of the Company at its expense. If a Bank Holder objects or Holders object to the Current Market Value current market value as so determined, an independent investment banker reasonably acceptable to such Bank Holder(s) and the Company shall make a determination of Current Market Value current market value which shall be conclusive. If such determination is five percent (5%) or more greater than the current value as determined by the Board of Directors, then the Company shall pay the reasonable costs and expenses of such independent investment banker; , otherwise the Bank Holder(s) shall pay such costs and expenses.