Common use of Definition of Market Price Clause in Contracts

Definition of Market Price. As used herein, the phrase "Market Price" at any date shall be deemed to be the last reported sale price, or, in case no such reported sale takes place on such day, the average of the last reported sale prices for the last three (3) trading days, in either case as officially reported by the principal securities exchange on which the Common Stock is listed or admitted to trading or by the Nasdaq National Market ("NNM"), or, if the Common Stock is not listed or admitted to trading on any national securities exchanged or quoted by NNM, the average closing bid price as furnished by the NASD through NNM or similar organization if NNM is no longer reporting such information, or if the Common Stock is not quoted on NNM, as determined in good faith by resolution of the Board of Directors of the Company, based on the best information available to it.

Appears in 7 contracts

Samples: 'S Warrant Agreement (Toymax International Inc), Warrant Agreement (Skymall Inc), Advisor's Warrant Agreement (Netspeak Corp)

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Definition of Market Price. As used herein, the phrase "Market Price" at any date shall be bE deemed to be the last reported sale price, or, in case no such reported sale takes place on such day, the average of the last reported sale prices for the last three (3) trading days, in either case as officially reported by the principal securities exchange on which the Common Stock is listed or admitted to trading or by the Nasdaq National Market ("NNM"), or, if the Common Stock is not listed or admitted to trading on any national securities exchanged or quoted by NNM, the average closing bid price as furnished by the NASD through NNM or similar organization if NNM is no longer reporting such information, or if the Common Stock is not quoted on NNM, as determined in good faith by resolution of the Board of Directors of the Company, based on the best information available to it.

Appears in 5 contracts

Samples: Warrant Agreement (Skymall Inc), Warrant Agreement (Skymall Inc), Warrant Agreement (Skymall Inc)

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Definition of Market Price. As used herein, the phrase "Market Price" at any date shall be deemed to be the last reported sale price, or, in case no such reported sale takes place on such day, the average of the last reported sale prices for the last three (3) trading days, in either case as officially reported by the principal securities exchange on which the Common Stock is listed or admitted to trading or by the Nasdaq National SmallCap Market ("NNMNSM"), or, if the Common Stock is not listed or admitted to trading on any national securities exchanged or quoted by NNMNSM, the average closing bid price as furnished by the NASD through NNM NSM or similar organization if NNM NSM is no longer reporting such information, or if the Common Stock is not quoted on NNMNSM, as determined in good faith by resolution of the Board of Directors of the Company, based on the best information available to it.

Appears in 1 contract

Samples: Gilford Securities Incorporated (Perficient Inc)

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