Common use of Market Value Calculations Clause in Contracts

Market Value Calculations. Additional Shares of Common Stock" shall mean all shares (including treasury shares) of Common Stock issued or sold (or pursuant to Sections 9.3 or 9.4, deemed to be issued) by the Company after the Effective Date, whether or not subsequently reacquired or retired by the Company, other than shares of Common Stock issued upon the exercise of the Warrants. "Business Day" shall mean any day of the year which is not a Saturday, Sunday or a day on which banks are required or authorized to close in the State of New York. "Fair Market Value," with respect to shares of Common Stock outstanding at any time shall be determined as follows:

Market Value Calculations. Additional Shares of Common Stock" shall mean all shares (including treasury shares) of Common Stock issued or sold (or pursuant to Sections 9.3 8.3 or 9.48.4, deemed to be issued) by the Company after the Effective Date, whether or not subsequently reacquired or retired by the Company, other than shares of Common Stock issued upon the exercise of the Warrants. "Business Day" shall mean any day of the year which is not a Saturday, Sunday or a day on which banks are required or authorized to close in the State of New York. "Fair Market Value," with respect to shares of Common Stock outstanding at any time shall be determined as follows: