Common use of Market Price Clause in Contracts

Market Price. The term "Market Price" on any date shall mean, with respect to any class or series of outstanding Equity Shares, the Closing Price for such Equity Shares on such date. The "Closing Price" on any date shall mean the last sale price for such Equity Shares, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, for such Equity Shares, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX or, if such Equity Shares are not listed or admitted to trading on the AMEX, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are listed or admitted to trading or, if such Equity Shares are 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 the National Association of Securities Dealers, Inc. Automated Quotation System or, if such system is no longer in use, the principal other automated quotation system that may then be in use or, if such Equity Shares are 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 such Equity Shares selected by the Trustees or, in the event that no trading price is available for such Equity Shares, the fair market value of Equity Shares, as determined in good faith by the Trustees.

Market Price. The term "“Market Price" ” on any date shall mean, with respect to any class or series of outstanding Equity Sharesshares of Capital Stock, the Closing Price for such Equity Shares Capital Stock on such date. The "“Closing Price" ” on any date shall mean the last sale price for such Equity SharesCapital Stock, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, for such Equity SharesCapital Stock, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX Stock Exchange or, if such Equity Shares are Capital Stock is not listed or admitted to trading on the AMEXStock Exchange, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are Capital Stock is listed or admitted to trading or, if such Equity Shares are Capital 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 the National Association of Securities Dealers, Inc. Automated Quotation System or, if such system is no longer in use, the principal other automated quotation system that may then be in use or, if such Equity Shares are Capital 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 such Equity Shares Capital Stock selected by the Trustees Board of Directors or, in the event that no trading price is available for such Equity SharesCapital Stock, the fair market value of Equity Sharesthe Capital Stock, as determined in good faith by the TrusteesBoard of Directors.

Market Price. The term "“Market Price" ” on any date shall mean, with respect to any class or series of outstanding Equity Sharesshares of Capital Stock, the Closing Price for such Equity Shares Capital Stock on such date. The "“Closing Price" ” on any date shall mean the last sale price for such Equity SharesCapital Stock, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, for such Equity SharesCapital Stock, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX or, if such Equity Shares are Capital Stock is not listed or admitted to trading on the AMEX, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are Capital Stock is listed or admitted to trading or, if such Equity Shares are Capital 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 the National Association of Securities Dealers, Inc. Automated Quotation System or, if such system is no longer in use, the principal other automated quotation system that may then be in use or, if such Equity Shares are Capital 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 such Equity Shares Capital Stock selected by the Trustees Board of Directors of the Corporation or, in the event that no trading price is available for such Equity SharesCapital Stock, the fair market value of Equity Sharesthe Capital Stock, as determined in good faith by the TrusteesBoard of Directors.

Market Price. The term "Market Price" on any date shall mean, with respect to any class or series of outstanding Equity Shares, the Closing Price for such Equity Shares on such date. The "Closing Price" on any date shall mean the last sale price for such Equity Shares, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, for such Equity Shares, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX NYSE or, if such Equity Shares are not listed or admitted to trading on the AMEXNYSE, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are listed or admitted to trading or, if such Equity Shares are 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 the National Association of Securities Dealers, Inc. Automated Quotation System or, if such system is no longer in use, the principal other automated quotation system that may then be in use or, if such Equity Shares are 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 such Equity Shares selected by the Board of Trustees or, in the event that no trading price is available for such Equity Shares, the fair market value of Equity Shares, as determined in good faith by the Board of Trustees.

Market Price. The term "“Market Price" ” on any date shall mean, with respect to any class or series of outstanding Equity Shares, the Closing Price for such Equity Shares on such date. The "“Closing Price" ” on any date shall mean the last sale price for such Equity Shares, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, for such Equity Shares, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX or, if such Equity Shares are not listed or admitted to trading on the AMEX, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are listed or admitted to trading or, if such Equity Shares are 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 the National Association of Securities Dealers, Inc. Automated Quotation System or, if such system is no longer in use, the principal other automated quotation system that may then be in use or, if such Equity Shares are 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 such Equity Shares selected by the Trustees or, in the event that no trading price is available for such Equity Shares, the fair market value of Equity Shares, as determined in good faith by the Trustees.

Market Price. The For purposes of this Agreement, the term "ACurrent Market Price" Price@ shall mean (i) if the Common Stock is traded on any the Nasdaq National Market (ANNM ) or on a national securities exchange, the per share closing price of the Common Stock in the NNM or on the principal stock exchange on which it is listed, as the case may be, on the date shall meanof exercise of the Warrant or, with respect to any class adjustment pursuant to Section 8.1 or series 8.2 hereof, on the date immediately preceding the announcement of outstanding Equity Sharesthe event causing such adjustment or (ii) if the Common Stock is traded in the over-the-counter market and not in the NNM or on any national securities exchange, the Closing Price for such Equity Shares average of the per share closing bid prices of the Common Stock on such datethe thirty (30) consecutive trading days immediately preceding the date in question, as reported by The Nasdaq Small Cap Market (or an equivalent generally accepted reporting service if quotations are not reported on the Nasdaq Small Cap Market). The "Closing Price" on any date closing price referred to in clause (i) above shall mean be the last reported sale price for such Equity Shares, regular way, or, in the case no such reported sale takes place on such day, the average of the reported closing bid and asked prices, regular way, for such Equity Shares, in either case in the NNM or on the principal stock exchange on which the Common Stock is then listed. For purposes of clause (ii) above, if trading in the Common Stock is not reported by The Nasdaq Small Cap Market, the bid price referred to in said clause shall be the lowest bid price as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX or, if such Equity Shares are not listed or admitted to trading on the AMEX, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are listed or admitted to trading or, if such Equity Shares are not listed or admitted to trading on any national securities exchange, the last quoted price, Nasdaq Electronic Bulletin Board or, if not so quoted, the average of the high bid and low asked prices in the over-the-counter marketreported thereon, as reported in the Apink sheets@ published by the National Association of Securities DealersQuotation Bureau, Inc. Automated Quotation System orIncorporated, and, if such system Common Stock is no longer in usenot so reported, shall be the principal other automated quotation system that may then be in use or, if such Equity Shares are not quoted by any such organization, the average price of the closing bid and asked prices as furnished by a professional market maker making a market in such Equity Shares selected share of Common Stock determined by the Trustees or, in the event that no trading price is available for such Equity Shares, the fair market value Company=s Board of Equity Shares, as determined Directors in good faith by the Trusteesfaith.

Market Price. The term "“Market Price" ” on any date shall mean, with respect to any class or series of outstanding Equity Sharesshares of Capital Stock, the Closing Price for such Equity Shares Capital Stock on such date. The "“Closing Price" ” on any date shall mean the last reported sale price for such Equity SharesCapital Stock, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, for such Equity SharesCapital Stock, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX NYSE or, if such Equity Shares are Capital Stock is not listed or admitted to trading on the AMEXNYSE, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are Capital Stock is listed or admitted to trading or, if such Equity Shares are Capital 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 the National Association of Securities Dealers, Inc. Automated Quotation System or, if such system is no longer in use, the principal other automated quotation system that may then be in use or, if such Equity Shares are Capital 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 such Equity Shares Capital Stock selected by the Trustees Board of Directors of the Corporation or, in the event that no trading price is available for such Equity SharesCapital Stock, the fair market value of Equity Sharesthe Capital Stock, as determined in good faith by the TrusteesBoard of Directors of the Corporation.

Market Price. The term "Market Price" on any date shall mean, with respect to any class or series of outstanding Equity Shares, the Closing Price for such Equity Shares on such date. The "Closing Price" on any date shall mean the last sale price for such Equity Shares, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, for such Equity Shares, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX NYSE or, if such Equity Shares are not listed or admitted to trading on the AMEXNYSE, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are listed or admitted to trading or, if such Equity Shares are 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 the National Association of Securities Dealers, Inc. Automated Quotation System or, if such system is no longer in use, the principal other automated quotation system that may then be in use or, if such Equity Shares are 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 such Equity Shares selected by the Trustees or, in the event that no trading price is available for such Equity Shares, the fair market value of Equity Shares, as determined in good faith by the Trustees.

Market Price. The term "Market Price" on any date shall mean, with respect to any class or series of outstanding Equity Sharesshares of Capital Stock, the Closing Price for such Equity Shares Capital Stock on such date. The "Closing Price" on any date shall mean the last sale price for such Equity SharesCapital Stock, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, for such Equity SharesCapital Stock, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the AMEX or, if such Equity Shares are Capital Stock is not listed or admitted to trading on the AMEX, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Equity Shares are Capital Stock is listed or admitted to trading or, if such Equity Shares are Capital 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 the National Association of Securities Dealers, Inc. Automated Quotation System or, if such system is no longer in use, the principal other automated quotation system that may then be in use or, if such Equity Shares are Capital 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 such Equity Shares Capital Stock selected by the Trustees Board of Directors of the Corporation or, in the event that no trading price is available for such Equity SharesCapital Stock, the fair market value of Equity Sharesthe Capital Stock, as determined in good faith by the TrusteesBoard of Directors.