Valuation of Escrow Shares. For purposes of this Agreement, the Fair Market Value of the Escrow Shares to be retained in the Escrow Account pending a final resolution of a claim shall be determined based upon the average of the closing prices of the Purchaser Common Stock on the Nasdaq National Market System for the twenty trading days immediately preceding the date on which the claim is made. The Fair Market Value of the Escrow Shares to be released from the Escrow Account after a final determination/resolution of a claim shall be determined based upon the average closing prices of the Purchaser's Common Stock on the Nasdaq National Market System for the twenty trading days immediately preceding the date of such final determination/resolution.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Tekgraf Inc), Agreement and Plan of Merger (Tekgraf Inc), Agreement and Plan of Merger (Tekgraf Inc)
