Common use of Closing Market Price Clause in Contracts

Closing Market Price. For purposes of this Agreement, the "Closing Market Price" shall be the average of the per share closing price for Fulton Common Stock, calculated to two decimal places, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein), as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System ("NASDAQ"), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the "Price Determination Period." (For example, if July 1, 2003 were to be the Effective Date, then the Price Determination Period would be June 13, 16, 17, 18, 19, 20, 23, 24, 25 and 26, 2003). In the event that NASDAQ shall fail to report a closing price for Fulton Common Stock for any trading day during the Price Determination Period, the closing price for that day shall be equal to the average of the closing bid and asked prices as quoted: (i) by X. X. Xxxxxxxxx & Company, Inc. and by Xxxx, Xxxx & Co.; or (ii) in the event that both of these firms are not then making a market in Fulton Common Stock, by two brokerage firms then making a market in Fulton Common Stock to be selected by Fulton and approved by Premier.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Fulton Financial Corp), Agreement and Plan of Merger (Premier Bancorp Inc /Pa/)

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Closing Market Price. For purposes of this Agreement, the "-------------------- Closing Market Price" Price shall be the average of the per share closing price bid and asked prices for Fulton FFC Common Stock, calculated rounded up to two decimal placesthe nearest $.125, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein)Date, as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System ("NASDAQ"), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the "Price Determination Period." (For example, if July 1February 28, 2003 1998 were to be the Effective Date, then the Price Determination Period would be June February 11, 12, 13, 16, 17, 18, 19, 20, 23, 2424 and 25, 25 and 26, 20031998). In the event that NASDAQ shall fail to report a closing bid price for Fulton FFC Common Stock for any trading day during the Price Determination Period, the closing bid price for that day shall be equal to the average of the closing bid prices and the average of the closing asked prices as quoted: (i) by X. X. Xxxxxxxxx & Company, Inc. and by Xxxx, Xxxx & Co.; or (ii) in the event that both of these firms are not then making a market in Fulton FFC Common Stock, by two brokerage firms then making a market in Fulton FFC Common Stock to be selected by Fulton FFC and approved by PremierKHG.

Appears in 1 contract

Samples: Exhibit 2 Merger Agreement (Fulton Financial Corp)

Closing Market Price. For purposes of this Agreement, the "Closing Market Price" shall be the average of the per share closing price for Fulton Common Stock, calculated to two decimal places, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein), as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System ("NASDAQ"), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the "Price Determination Period." (For example, if July 1March 31, 2003 2004 were to be the Effective Date, then the Price Determination Period would be June 13March 12, 15, 16, 17, 18, 19, 2022, 23, 2424 and 25, 25 and 26, 20032004). In the event that NASDAQ shall fail to report a closing price for Fulton Common Stock for any trading day during the Price Determination Period, the closing price for that day shall be equal to the average of the closing bid and asked prices as quoted: (i) by X. X. Xxxxxxxxx & Company, Inc. and by Xxxx, Xxxx & Co.; or (ii) in the event that both of these firms are not then making a market in Fulton Common Stock, by two brokerage firms then making a market in Fulton Common Stock to be selected by Fulton and approved by PremierResource.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fulton Financial Corp)

Closing Market Price. For purposes of this Agreement, the "-------------------- Closing Market Price" Price shall be the average of the per share closing price bid and asked prices for Fulton FFC Common Stock, calculated to two decimal places, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein), as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System ("NASDAQ"), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the "Price Determination Period." (For example, if July 1June 30, 2003 2001 were to be the Effective Date, then the Price Determination Period would be June 1314, 16, 1715, 18, 19, 20, 2321, 2422, 25 25, 26 and 2627, 20032001). In the event that NASDAQ shall fail to report a closing price bid and asked prices for Fulton FFC Common Stock for any trading day during the Price Determination Period, the closing price bid and asked prices for that day shall be equal to the average of the closing bid and asked prices as quoted: (i) by X. X. Xxxxxxxxx & Company, Inc. and by Xxxx, Xxxx & Co.; or (ii) in the event that both of these firms are not then making a market in Fulton FFC Common Stock, by two brokerage firms then making a market in Fulton FFC Common Stock to be selected by Fulton FFC and approved by PremierDBC.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fulton Financial Corp)

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Closing Market Price. For purposes of this Agreement, the "-------------------- Closing Market Price" Price shall be the average of the average of the per share closing price bid prices for Fulton FFC Common Stock, calculated rounded up to two decimal placesthe nearest $.125, for the ten (10) consecutive trading days immediately preceding the date which is two (2) business days before the Effective Date (as such term is defined in Section 9.2 herein)Date, as reported on the National Market System of the National Association of Securities Dealers Automated Quotation System ("NASDAQ"), the foregoing period of ten (10) trading days being hereinafter sometimes referred to as the "Price Determination Period." (For example, if July 1March 31, 2003 1997 were to be the Effective Date, then the Price Determination Period would be June 13, 16, March 17, 18, 19, 20, 2321, 24, 25 and 25, 26, 2003). 27 and 28, 1997.) In the event that NASDAQ shall fail to report a closing bid price for Fulton FFC Common Stock for any trading day during the Price Determination Period, the closing price bid prices for that day shall be equal to the average of the closing bid prices and the average of the closing asked prices as quoted: (i) by X. X. Xxxxxxxxx & Company, Inc. and by Xxxx, Xxxx & Co.; or or, (ii) in the event that both of these firms are not then making a market in Fulton FFC Common Stock, by two brokerage firms then making a market in Fulton FFC Common Stock to be selected by Fulton FFC and approved by PremierWNB.

Appears in 1 contract

Samples: Merger Agreement (Fulton Financial Corp)

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