Not Reflective of Fair Market Value. If the proposed transfer of the TRANSFER SHARES is to be made without consideration, is not a bona fide arm's length transaction (e.g., a transfer to a competitor of the CORPORATION), or does not involve a price freely set by the HOLDER and the PROPOSED TRANSFEREE, the FIRST REFUSAL PRICE shall be the fair market value of the TRANSFER SHARES as determined by the Board of Directors in good faith.
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Samples: Stock Purchase Agreement (Bam Entertainment Inc), Stock Purchase Agreement (Bam Entertainment Inc), Stock Purchase Agreement (Bam Entertainment Inc)
Not Reflective of Fair Market Value. If the proposed transfer of the TRANSFER SHARES is to be made without consideration, is not a bona fide arm's length transaction (e.g., a transfer to a competitor of the CORPORATION), or does not involve a price freely set by the HOLDER and the PROPOSED TRANSFEREE, the FIRST REFUSAL PRICE shall be the fair market value of the TRANSFER SHARES as determined by the Board of Directors in good faithpursuant to Section 4.
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