Common use of Current Market Price Clause in Contracts

Current Market Price. Subject to the last two sentences of this subsection (f), in subsections (b), (c), (d) and (e) of this Section 7, the current market price per share of Common Stock on any date is the average of the Quoted Prices of the Common Stock for 30 consecutive trading days commencing 45 trading days before the date in question. The "Quoted Price" of the Common Stock is the last reported sales price of the Common Stock as reported by NASDAQ National Market, or if the Common Stock is listed on a securities exchange, the last reported sales price of the Common Stock on such exchange which shall be for consolidated trading if applicable to such exchange, or if neither so reported or listed, the last reported bid price of the Common Stock. In the absence of one or more such quotations (including, without limitation, during the period prior to the Initial Public Offering), the Board of Directors of the Company shall determine the current market price on the basis of such quotations, if available, or other valuation information as it in good faith considers appropriate. In the event of the Initial Public Offering, the current market price per share of Common Stock shall be the Quoted Price on the day of such Initial Public Offering.

Appears in 9 contracts

Samples: Warrant Agreement (Cb Richard Ellis Services Inc), Warrant Agreement (Koll Donald M), Warrant Agreement (Cbre Holding Inc)

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Current Market Price. Subject to the last two sentences of this subsection (f), in subsections (b), (c), (d) and (e) of this Section 7, the current market price per share of Common Stock on any date is the average of the Quoted Prices of the Common Stock for 30 consecutive trading days commencing 45 trading days before the date in question. The "Quoted Price" of the Common Stock is the last ------------ reported sales price of the Common Stock as reported by NASDAQ National Market, or if the Common Stock is listed on a securities exchange, the last reported sales price of the Common Stock on such exchange which shall be for consolidated trading if applicable to such exchange, or if neither so reported or listed, the last reported bid price of the Common Stock. In the absence of one or more such quotations (including, without limitation, during the period prior to the Initial Public Offering), the Board of Directors of the Company shall determine the current market price on the basis of such quotations, if available, or other valuation information as it in good faith considers appropriate. In the event of the Initial Public Offering, the current market price per share of Common Stock shall be the Quoted Price on the day of such Initial Public Offering.

Appears in 3 contracts

Samples: Warrant Agreement (Fs Equity Partners Iii Lp), Warrant Agreement (Blum Capital Partners Lp), Warrant Agreement (Wardlaw William M)

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Current Market Price. Subject to the last two sentences of this subsection (f), in In subsections (b), (c), (d) and (e) of this -------------------- Section 7, 13 the current market price per share of Common Stock on any date is the average of the Quoted Prices of the Common Stock for 30 consecutive trading days commencing 45 trading days before the date in question. The "Quoted Price" of the Common Stock is the last reported sales price of the Common Stock as reported by NASDAQ the Nasdaq National Market, Market or if the Common Stock is listed on a securities exchange, the last reported sales price of the Common Stock on such exchange which shall be for consolidated trading if applicable to such exchange, or if neither not so reported or listed, the last reported bid price of the Common Stock. In the absence of one or more such quotations (including, without limitation, during the period prior to the Initial Public Offering)quotations, the Board of Directors of the Company shall determine the current market price on the such basis of such quotations, if available, or other valuation information as it in good faith considers appropriate. In ; provided that in the event the Board of Directors determine that the Initial Public Offeringcurrent market price is below $2.25 then, for the purposes of subsections (b), (c), (d) and (e) of this Section 13, the current market price per share of Common Stock shall be the Quoted Price on the day of such Initial Public Offeringdeemed to be $2.25.

Appears in 1 contract

Samples: Warrant Agreement (Centennial Communications Corp)

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