Value of Shares. The fair market value of the shares of each class of Buying Fund received by Selling Fund Shareholders in the Reorganization will be approximately equal to the fair market value of the shares of each corresponding class of Selling Fund constructively surrendered in exchange therefor.
Value of Shares. The aggregate Fair Market Value (determined as of the date the Incentive Stock Option is granted) of the Shares with respect to which all Incentive Stock Options granted under this Plan and all other option plans of any Subsidiary or Affiliate become exercisable for the first time by each Grantee during any calendar year shall not exceed one hundred thousand United States dollars ($100,000) with respect to such Grantee. To the extent that the aggregate Fair Market Value of Shares with respect to which the Incentive Stock Options are exercisable for the first time by any Grantee during any calendar years exceeds one hundred thousand United States dollars ($100,000), such Options shall be treated as Nonqualified Stock Options. The foregoing shall be applied by taking options into account in the order in which they were granted, with the Fair Market Value of any Share to be determined at the time of the grant of the Option. In the event the foregoing results in the portion of an Incentive Stock Option exceeding the one hundred thousand United States dollars ($100,000) limitation, only such excess shall be treated as a Nonqualified Stock Option.
Value of Shares. The value of Xxxx Atlantic stock or Phantom --------------- Shares shall be determined as follows:
(i) for purposes of Section 6(a) of this Agreement, such value shall be the average of the high and low sale prices of Xxxx Atlantic stock on the New York Stock Exchange ("NYSE") on the applicable dividend payment date;
(ii) for purposes of Section 6(b) of this Agreement, such value shall be the greater of (A) the average of the high and low sale prices of Xxxx Atlantic stock on the NYSE on June 1, 2001, or (B) the average of the daily high and low sale prices of Xxxx Atlantic stock on the NYSE for the period of twenty trading days ending on June 1, 2001, or the period of twenty trading days immediately preceding June 1, 2001 if the NYSE is closed on that date; and
(iii) for purposes of Section 7(c)(iii) of this Agreement, such value shall be determined in the manner described in clause (ii) above, except that the Key Executive's separation date shall be used instead of June 1, 2001.
Value of Shares. 12 SECTION 3.24. Intercompany Indebtedness; Consideration................ 12
Value of Shares. For purposes of adjusting the number of Shares sold to Buyer, the value of the Shares (“Shares Value”) shall be established and shall be computed by multiplying the number of Shares (i.e., One Hundred Million (100,000,000)) by the Per Share Value.
Value of Shares. 17 SECTION 4.17. Intercompany Indebtedness; Consideration................ 17 ARTICLE 5 COVENANTS......................................................... 18 SECTION 5.1. Conduct of Business..................................... 18 SECTION 5.2. Expenses................................................ 18 SECTION 5.3. Further Assurances...................................... 18 SECTION 5.4. Notice of Events........................................ 19 SECTION 5.5. Consents, Approvals and Filings......................... 19 SECTION 5.6. Submission of Agreement to Shareholders................. 19
Value of Shares. For the purposes of the Offset Right, each share of Trega Common Stock (or right to acquire a share of Trega Common Stock) constituting a portion of the Escrow Shares shall be valued at an amount equal to the average closing price per share of Trega Common Stock on the Nasdaq National Market for the twenty (20) trading days preceding the date Damages are fixed. In the absence of a dispute regarding the amount of Damages, the date Damages are deemed fixed for purposes of the Offset Right shall be the date of the related Officer's Certificate.
Value of Shares. The aggregate Fair Market Value (determined as of the date the Incentive Stock Option is granted) of the shares of equity securities of the Company with respect to which Incentive Stock Options granted under this Plan and all other option plans of any Parent or Subsidiary become exercisable for the first time by each Grantee during any calendar year shall not exceed $100,000. To the extent such $100,000 limit has been exceeded with respect to any Options first becoming exercisable, including acceleration upon a Change in Control, and notwithstanding any statement in the Option Agreement that it constitutes an Incentive Stock Option, the portion of such Option(s) that exceeds such $100,000 limit shall be treated as a Nonqualified Stock Option.
Value of Shares. If a Buyer Indemnified Person makes a claim directly against the Indemnifying Seller for indemnifiable Losses under this Article VIII, the Indemnifying Seller may elect, at the Indemnifying Sellers sole and absolute discretion, to satisfy such claim with cash or Buyer Common Stock beneficially owned by the Indemnifying Seller. To the extent any claim for indemnifiable Losses under this Article VIII is to be satisfied by the return and cancellation of any Buyer Common Stock paid to the Indemnifying Seller, the per share value of any such Buyer Common Stock at the time of satisfaction, release and cancellation shall be an amount in U.S. dollars, equal to the Buyer Common Stock’s VWAP for the period of thirty (30) consecutive trading days ending on the trading day immediately prior to such date of payment. The Buyer Indemnified Persons’ sole recourse against the Indemnifying Seller in respect of any finally resolved indemnification obligations of the Indemnifying Sellers shall be to seek return and cancellation of a portion of the Buyer Common Stock then held by the Indemnifying Seller, pursuant to the pricing terms and subject to the limitations of this Article VIII. Notwithstanding the immediately preceding sentence to the contrary, if an Indemnifying Seller, at the time of payment of a claim for which it is liable hereunder, does not hold a sufficient number of shares to satisfy the claim because it has previously sold shares of Buyer Common Stock acquired hereunder, then such Indemnifying Seller may be liable hereunder in cash for an amount up to the lesser of (i) the net proceeds actually received by him for the sale of its shares of Buyer Common Stock acquired hereunder and (ii) the amounts remaining under the General Cap or Special Cap to the extent applicable to such indemnifiable claim.
Value of Shares. You understand the value of your investment in any mutual funds purchased may increase/decrease depending on market variables beyond your control or the control of your Financial Professional. Depending on the net asset value of the fund(s) at the time of redemption, you may receive more or less than the amount you paid for your shares.
