Common use of Current Market Price Clause in Contracts

Current Market Price. For the purpose of any computation of Current Market Price under this Section 5, the Current Market Price per share of Common Stock at any date shall be the average of the daily closing prices for the shorter of (i) the 20 consecutive trading days ending on the last full trading day on the exchange or market specified in the second succeeding sentence prior to the Time of Determination (as defined below) and (ii) the period commencing on the date next succeeding the first public announcement of the issuance, sale, distribution or granting in question through such last full trading day prior to the Time of Determination; provided that in the case of a firm commitment underwritten public offering, the Current Market Price shall mean the closing price of the Common Stock on the day of the pricing of such offering. The term “Time of Determination” as used herein shall be the time and date of the earlier to occur of (A) the date as of which the Current Market Price is to be computed and (B) the last full trading day on such exchange or market before the commencement of “ex-dividend” trading in the Common Stock relating to the event giving rise to the adjustment required by paragraph 5.1, 5.2, 5.3 or 5.4. The closing price for any day shall be the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case (1) on the Buenos Aires Stock Exchange (Bolsa de Comercio) or (2) if the Common Stock is not listed on the Buenos Aires Stock Exchange (Bolsa de Comercio) or a comparable system, selected from time to time in good faith by the Board of Directors of the Company for that purpose. In the absence of all of the foregoing, or if for any other reason the Current Market Price per share cannot be determined pursuant to the foregoing provisions of this paragraph (g), the Current Market Price per share shall be the fair market value thereof as determined in good faith by the Board of Directors of the Company.

Current Market Price. For the purpose The "Current Market Price" shall mean, as of any computation date, 5% of the sum of the average, for each of the 20 consecutive Trading Days immediately prior to such date, of either: (i) the high and low sales prices of the Common Stock on such Trading Day as reported on the composite tape for the principal national securities exchange on which the Common Stock may then be listed, or (ii) if the Common Stock shall not be so listed on any such Trading Day, the high and low sales prices of Common Stock in the over-the-counter market as reported by the Nasdaq Stock Market for National Market Securities, or (iii) if the Common Shares shall not be included in the Nasdaq Stock Market as a National Market Security on any such Trading Day, the representative bid and asked prices at the end of such Trading Day in such market as reported by the Nasdaq Stock Market or (iv) if there be no such representative prices reported by the Nasdaq Stock Market, the lowest bid and highest asked prices at the end of such Trading Day in the over-the-counter market as reported by the OTC Electronic Bulletin Board or National Quotation Bureau, Inc., or any successor organization. For purposes of determining Current Market Price Price, the term "Trading Day" shall mean a day on which an amount greater than zero can be calculated with respect to the Common Stock under this Section 5any one or more of the foregoing categories (i), (ii), (iii) and (iv), and the "end" thereof, for the purposes of categories (iii) and (iv), shall mean the exact time at which trading shall end on the New York Stock Exchange. If the Current Market Price per share of Common Stock at cannot be determined under any date shall be the average of the daily closing prices for the shorter of (i) the 20 consecutive trading days ending on the last full trading day on the exchange or market specified in the second succeeding sentence prior to the Time of Determination (as defined below) and (ii) the period commencing on the date next succeeding the first public announcement of the issuanceforegoing methods, sale, distribution or granting in question through such last full trading day prior to the Time of Determination; provided that in the case of a firm commitment underwritten public offering, the Current Market Price shall mean the closing price fair value per share of the Common Stock on the day of the pricing of such offering. The term “Time of Determination” as used herein shall be the time and date of the earlier to occur of (A) the date as of which the Current Market Price is to be computed and (B) the last full trading day on such exchange or market before the commencement of “ex-dividend” trading in the Common Stock relating to the event giving rise to the adjustment required by paragraph 5.1, 5.2, 5.3 or 5.4. The closing price for any day shall be the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case (1) on the Buenos Aires Stock Exchange (Bolsa de Comercio) or (2) if the Common Stock is not listed on the Buenos Aires Stock Exchange (Bolsa de Comercio) or a comparable system, selected from time to time in good faith determined by the Board of Directors of the Company for that purpose. In the absence of all of the foregoing, or if for any other reason the Current Market Price per share cannot be determined pursuant to the foregoing provisions of this paragraph (g), the Current Market Price per share shall be the fair market value thereof as determined in good faith by the Board faith, irrespective of Directors of the Companyany accounting treatment.

Current Market Price. For the purpose of any computation of Current Market Price current market price under this Section 5Agreement, the Current Market Price current market price per share of Common Stock at any date shall be the average of the daily closing prices for the shorter of (i) the 20 consecutive trading days ending on price the last full trading day on the exchange or market specified in the second succeeding sentence prior to the Time of Determination (as defined below) and (ii) the period commencing on the date next succeeding the first public announcement of the issuance, sale, distribution or granting in question through such last full trading day prior to the Time of Determination; provided that in the case of a firm commitment underwritten public offering, the Current Market Price shall mean the closing price of the Common Stock on the day of the pricing of such offering). The term “Time of Determination” "TIME OF DETERMINATION" as used herein shall be the time and date of the earlier to occur of (A) the date as of which the Current Market Price current market price is to be computed and (B) the last full trading day on such exchange or market before the commencement of “"ex-dividend” " trading in the Common Stock relating to the event giving rise to the adjustment required by paragraph 5.1PARAGRAPH (a), 5.2(b), 5.3 or 5.4(c), (d) OR (e) above. The closing price for any day shall be the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case (1) on the Buenos Aires principal national securities exchange on which the shares of Common Stock Exchange (Bolsa de Comercio) are listed or to which such shares are admitted to trading or (2) if the Common Stock is not listed or admitted to trading on a national securities exchange, in the Buenos Aires over-the-counter market as reported by Nasdaq National or SmallCap Markets or any comparable system or (3) if the Common Stock Exchange (Bolsa de Comercio) is not listed on Nasdaq National or SmallCap Markets or a comparable systemsystem but a public market for the Common Stock exists, as furnished by two members of the NASD selected from time to time in good faith by the Board of Directors of the Company for that purpose. In the absence of all of the foregoing, or if for any other reason the Current Market Price current market price per share cannot be determined pursuant to the foregoing provisions of this paragraph PARAGRAPH (gf), the Current Market Price current market price per share shall be the fair market value thereof as determined in good faith by the Board of Directors of the Company.Company and evidenced by a resolution of such Board, subject to the following dispute resolution right of the Holders of the Warrants. In the event that Holders of a majority of the Warrants dispute the determination of the Board of Directors, such Holders shall notify the Company and the current market price shall be determined in a reasonably prompt manner as follows:

Current Market Price. For the purpose of any computation under paragraphs (b), (c), (d) and (e) of Current Market Price under this Section 511.5, the Current Market Price current market price per share of Common Stock at any date shall be the average of the daily closing prices for the shorter of (i) the 20 consecutive trading days ending on the last full trading day on the exchange or market specified in the second succeeding sentence sentence, prior to the Time of Determination (as defined below) and (ii) the period commencing on the date next succeeding the first public announcement of the issuance, sale, distribution or granting in question through such last full trading day prior to the Time of Determination; provided that in the case of a firm commitment underwritten public offering, the Current Market Price shall mean the closing price of the Common Stock on the day of the pricing of such offering. The term “"Time of Determination” " as used herein shall be the time and date of the earlier to occur of (A) the date as of which the Current Market Price current market price is to be computed and (B) the last full trading day on such exchange or market before the commencement of “"ex-dividend” " trading in the Common Stock relating to the event giving rise to the adjustment required by paragraph 5.1(b), 5.2(c), 5.3 (d) or 5.4(e). The closing price for any day shall be the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case (1) on the Buenos Aires principal national securities exchange on which the shares of Common Stock Exchange (Bolsa de Comercio) are listed or to which such shares are admitted to trading or (2) if the Common Stock is not listed or admitted to trading on a national securities exchange, in the Buenos Aires over-the-counter market as reported by the National Association of Securities Dealers, Inc. Automated Quotation System ("Nasdaq") or any comparable system or (3) if the Common Stock Exchange (Bolsa de Comercio) is not listed on Nasdaq or a comparable system, as furnished by two members of the National Association of Securities Dealers, Inc. ("NASD") selected from time to time in good faith by the Board of Directors of the Company Issuer for that purpose. In the absence of all of the foregoing, or if for any other reason the Current Market Price current market price per share cannot be determined pursuant to the foregoing provisions of this paragraph (gf), the Current Market Price current market price per share shall be the fair market value thereof as determined in good faith by the Board of Directors of the CompanyIssuer.

Current Market Price. For the purpose of any computation of Current Market Price current market price under this Section 5SECTION 11 and SECTION 13, the Current Market Price current market price per share of Common Stock at any date shall be (x) for purposes of SECTION 13, the average closing price on the business day immediately prior to the exercise of the applicable Warrant pursuant to SECTION 6 and (y) in all other cases, the daily closing prices for the shorter of (i) the 20 consecutive trading days ending on price the last full trading day on the exchange or market specified in the second succeeding sentence prior to the Time of Determination (as defined below) and (ii) the period commencing on the date next succeeding the first public announcement of the issuance, sale, distribution or granting in question through such last full trading day prior to the Time of Determination; provided that in the case of a firm commitment underwritten public offering, the Current Market Price shall mean the closing price of the Common Stock on the day of the pricing of such offering). The term “Time of Determination” "TIME OF DETERMINATION" as used herein shall be the time and date of the earlier to occur of (A) the date as of which the Current Market Price current market price is to be computed and (B) the last full trading day on such exchange or market before the commencement of “"ex-dividend” " trading in the Common Stock relating to the event giving rise to the adjustment required by paragraph 5.1PARAGRAPH (a), 5.2(b), 5.3 or 5.4(c), (d) OR (e) above. The closing price for any day shall be the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case (1) on the Buenos Aires principal national securities exchange on which the shares of Common Stock Exchange (Bolsa de Comercio) are listed or to which such shares are admitted to trading or (2) if the Common Stock is not listed or admitted to trading on a national securities exchange, in the Buenos Aires over-the-counter market as reported by Nasdaq National or SmallCap Markets or any comparable system or (3) if the Common Stock Exchange (Bolsa de Comercio) is not listed on Nasdaq National or SmallCap Markets or a comparable systemsystem but a public market for the Common Stock exists, as furnished by two members of the NASD selected from time to time in good faith by the Board of Directors of the Company for that purpose. In the absence of all of the foregoing, or if for any other reason the Current Market Price current market price per share cannot be determined pursuant to the foregoing provisions of this paragraph PARAGRAPH (gf), the Current Market Price current market price per share shall be the fair market value thereof as determined in good faith by the Board of Directors of the Company.Company and evidenced by a resolution of such Board, subject to the following dispute resolution right of the Holders of the Warrants. In the event that Holders of a majority of the Warrants dispute the determination of the Board of Directors, such Holders shall notify the Company and the current market price shall be determined in a reasonably prompt manner as follows:

Current Market Price. For the purpose of any computation of Current Market Price under this Section 57 and Section 9, the Current Market Price per share of Common Stock at any date shall be (x) for purposes of Section 9, the closing price on the business day immediately prior to the exercise of the applicable Warrant pursuant to Section 3 and (y) in all other cases, the average of the daily closing prices for the shorter of (i) the 20 consecutive trading days ending on the last full trading day on the exchange or market specified in the second succeeding sentence prior to the Time of Determination (as defined below) and (ii) the period commencing on the date next succeeding the first public announcement of the issuance, sale, distribution or granting in question through such last full trading day prior to the Time of Determination; provided that in the case of a firm commitment underwritten public offering, the Current Market Price shall mean the closing price of the Common Stock on the day of the pricing of such offering. The term “Time of Determination” as used herein shall be the time and date of the earlier to occur of (A) the date as of which the Current Market Price is to be computed and (B) the last full trading day on such exchange or market before the commencement of “ex-dividend” trading in the Common Stock relating to the event giving rise to the adjustment required by paragraph 5.1(a), 5.2(b), 5.3 (c) or 5.4(d). The closing price for any day shall be the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case (1) on the Buenos Aires Stock Exchange (Bolsa de Comercio) or (2) if the Common Stock is not listed on the Buenos Aires Stock Exchange (Bolsa de Comercio) or a comparable system, selected from time to time in good faith by the Board of Directors of the Company for that purpose. In the absence of all of the foregoing, or if for any other reason the Current Market Price per share cannot be determined pursuant to the foregoing provisions of this paragraph (g), the Current Market Price per share shall be the fair market value thereof as determined in good faith by the Board of Directors of the Company.

Current Market Price. For the purpose of any computation under -------------------- paragraphs (b), (c), (d) and (e) of Current Market Price under this Section 5Section, the Current Market Price current market price per share of Common Stock at any date shall be the average of the daily closing prices for the shorter of (i) the 20 consecutive trading days ending on the last full trading day on the exchange or market specified in the second succeeding sentence prior to the Time of Determination (as defined below) and (ii) the period commencing on the date next succeeding the first public announcement of the issuance, sale, distribution or granting in question through such last full trading day prior to the Time of Determination; provided that in the case of a firm commitment underwritten public offering, the Current Market Price shall mean the closing price of the Common Stock on the day of the pricing of such offering. The term “"Time of Determination” " as used herein shall be the time and date of the earlier to occur of (A) the date as of which the Current Market Price current market price is to be computed and (B) the last full trading day on such exchange or market before the commencement of “"ex-dividend” " trading in the Common Stock relating to the event giving rise to the adjustment required by paragraph 5.1(b), 5.2(c), 5.3 (d) or 5.4(e). The closing price for any day shall be the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case (1) on the Buenos Aires principal national securities exchange on which the shares of Common Stock Exchange (Bolsa de Comercio) are listed or to which such shares are admitted to trading or (2) if the Common Stock is not listed or admitted to trading on a national securities exchange, in the over-the counter market as reported by the Nasdaq Stock Market or any comparable system or (3) if the Common Stock is not listed on the Buenos Aires Nasdaq Stock Exchange (Bolsa de Comercio) Market or a comparable system, as furnished by two members of the NASD selected from time to time in good faith by the Board of Directors of the Company for that purpose. In the absence of all of the foregoing, or if for any other reason the Current Market Price current market price per share cannot be determined pursuant to the foregoing provisions of this paragraph (gf), the Current Market Price current market price per share shall be the fair market value thereof as determined in good faith by the Board of Directors of the Company.