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 Shares, the Closing Price for such Shares on such date. The “Closing Price” on any date shall mean the last sale price for such 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 Shares, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the NYSE or, if such Shares is not listed or admitted to trading on the NYSE, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Shares is listed or admitted to trading or, if such Shares 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 principal automated quotation system that may then be in use or, if such Shares is not quoted by any such system, the average of the closing bid and asked prices as furnished by a professional market maker making a market in such Shares selected by the Board of Trustees or, in the event that no trading price is available for such Shares, the fair market value of the Shares, as determined 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 Sharesshares of Capital Stock, the Closing Price for such Shares Capital Stock on such date. The “Closing Price” on any date shall mean the last sale price for such 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 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 NYSE Stock Exchange or, if such Shares Capital Stock is not listed or admitted to trading on the NYSEStock Exchange, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Shares Capital Stock is listed or admitted to trading or, if such Shares 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 Shares Capital Stock is not quoted by any such systemorganization, the average of the closing bid and asked prices as furnished by a professional market maker making a market in such Shares Capital Stock selected by the Board of Trustees Directors or, in the event that no trading price is available for such SharesCapital Stock, the fair market value of the SharesCapital Stock, as determined by the Board of TrusteesDirectors.

Market Price. The term “Market Price” on any date shall mean, with respect to any class or series of outstanding Sharesshares of Capital Stock, the Closing Price for such Shares Capital Stock on such date. The “Closing Price” on any date shall mean the last sale price for such 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 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 NYSE AMEX or, if such Shares Capital Stock is not listed or admitted to trading on the NYSEAMEX, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Shares Capital Stock is listed or admitted to trading or, if such Shares 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 Shares Capital Stock is not quoted by any such systemorganization, the average of the closing bid and asked prices as furnished by a professional market maker making a market in such Shares Capital Stock selected by the Board of Trustees Directors of the Corporation or, in the event that no trading price is available for such SharesCapital Stock, the fair market value of the SharesCapital Stock, as determined in good faith by the Board of TrusteesDirectors.

Market Price. The term “Market Price” on any date shall mean, with respect to any class or series of outstanding Sharesshares of Capital Stock, the Closing Price for such Shares Capital Stock on such date. The “Closing Price” on any date shall mean the last sale price for such 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 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 NYSE or, if such Shares Capital Stock is not listed or admitted to trading on the NYSE, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Shares Capital Stock is listed or admitted to trading or, if such Shares 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 principal automated quotation system that may then be in use oron which such Capital Stock is quoted, if such Shares Capital Stock is not quoted by any such systemorganization, the average of the closing bid and asked prices as furnished by a professional market maker making a market in such Shares Capital Stock selected by the Board of Trustees Directors or, in the event that no trading price is available for such SharesCapital Stock, the fair market value of the SharesCapital Stock, as determined in good faith by the Board of TrusteesDirectors.

Market Price. The term “Market Price” on any date shall mean, with respect to any class or series of outstanding Shares, the Closing Price for such Shares on such date. The “Closing Price” on any date shall mean the last sale price for such 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 Shares, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the NYSE or, if such Shares is are not listed or admitted to trading on the NYSE, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Shares is are listed or admitted to trading or, if such Shares is 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 FINRA’s OTC Bulletin Board 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 Shares is are not quoted by any such system, the average of the closing bid and asked prices as furnished by a professional market maker making a market in such Shares selected by the Board of Trustees Directors or, in the event that no trading price is available for such Shares, the fair market value of the Shares, as determined in good faith by the Board of TrusteesDirectors.

Market Price. The term “Market Price” on any date shall mean, with respect to any class or series of outstanding Sharesshares of Capital Stock, the Closing Price for such Shares Capital Stock on such date. The “Closing Price” on any date shall mean the last reported sale price for such 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 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 NYSE NASDAQ or, if such Shares Capital Stock is not listed or admitted to trading on the NYSENASDAQ, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Shares Capital Stock is listed or admitted to trading or, if such Shares 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 principal automated quotation system that may then be in use or, if such Shares Capital Stock is not quoted by any such systemorganization, the average of the closing bid and asked prices as furnished by a professional market maker making a market in such Shares Capital Stock selected by the Board of Trustees Directors or, in the event that no trading price is available for such SharesCapital Stock, the fair market value of the SharesCapital Stock, as determined in good faith by the Board of TrusteesDirectors.

Market Price. The term “Market Price” on any date shall mean, with respect to any class or series of outstanding Sharesshares of Capital Stock, the Closing Price for such Shares Capital Stock on such date. The “Closing Price” on any date shall mean the last sale price for such 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 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 NYSE or, if such Shares Capital Stock is not listed or admitted to trading on the NYSE, as reported on the principal consolidated transaction reporting system with respect to securities listed on the principal national securities exchange on which such Shares Capital Stock is listed or admitted to trading or, if such Shares 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 principal automated quotation system that may then be in use or, if such Shares Capital Stock is not quoted by any such system, the average of the closing bid and asked prices as furnished by a professional market maker making a market in such Shares Capital Stock selected by the Board of Trustees Directors or, in the event that no trading price is available for such SharesCapital Stock, the fair market value of the Sharessuch Capital Stock, as determined by the Board of TrusteesDirectors.