Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 112 contracts
Sources: Warrant Agreement (Motive Technologies, Inc.), Warrant Agreement (Ethos Technologies Inc.), Warrant Agreement (Motive Technologies, Inc.)
Fair Market Value. If shares of the Company’s Common Stock is Class are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock the Class reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If shares of the Company’s Common Stock is Class are not then traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 105 contracts
Sources: Warrant Agreement (Shoulder Innovations, Inc.), Warrant Agreement (Shoulder Innovations, Inc.), Loan and Security Agreement (Owlet, Inc.)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 32 contracts
Sources: Warrant Agreement (89bio, Inc.), Warrant Agreement (Foghorn Therapeutics Inc.), Warrant Agreement (89bio, Inc.)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 18 contracts
Sources: Warrant Agreement (Kura Oncology, Inc.), Warrant Agreement (Kura Oncology, Inc.), Warrant Agreement (Tandem Diabetes Care Inc)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value Fair Market Value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day trading day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value Fair Market Value of a Share in its reasonable good faith judgment.
Appears in 6 contracts
Sources: Warrant Agreement (Nuvectra Corp), Warrant Agreement (Nuvectra Corp), Warrant Agreement (Nuvectra Corp)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the volume-weighted average closing price or last sale price of a share of Common Stock common stock reported for the ten (10) Business Day Days immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 5 contracts
Sources: Warrant Agreement (Venus Concept Inc.), Loan and Security Agreement (Restoration Robotics, Inc.), Warrant Agreement (Venus Concept Inc.)
Fair Market Value. If shares of the Company’s Common Stock is Class are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “"Trading Market”"), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock the Class reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If shares of the Company’s Common Stock is Class are not then traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 5 contracts
Sources: Warrant Agreement (EBR Systems, Inc.), Warrant Agreement (Outbrain Inc.), Warrant Agreement (Justworks, Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is Common Stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 5 contracts
Sources: Warrant Agreement (Vapotherm Inc), Warrant Agreement (Vapotherm Inc), Warrant Agreement (Vapotherm Inc)
Fair Market Value. If the Company’s 's Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “"Trading Market”"), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s 's Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 4 contracts
Sources: Warrant Agreement (Zymergen Inc.), Warrant Agreement (Coinbase Global, Inc.), Warrant Agreement (Zymergen Inc.)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value “Fair Market Value” of a Share shall be the closing price or last sale price of a share of Common Stock reported by the Trading Market for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the CompanyCompany in accordance with Section 1.1. If the Company’s Common Stock is not traded in on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgmentfaith.
Appears in 4 contracts
Sources: Novation and Amendment Agreement (MEI Pharma, Inc.), Funding Agreement (MEI Pharma, Inc.), Novation and Amendment Agreement (Infinity Pharmaceuticals, Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 4 contracts
Sources: Warrant Agreement (LogicBio Therapeutics, Inc.), Warrant Agreement (Transenterix Inc.), Warrant Agreement (Tintri, Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized United States national securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price VWAP (as defined below) of a share of the Common Stock reported for on the Business Trading Day (as defined below) immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 3 contracts
Sources: Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.), Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.), Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.)
Fair Market Value. If the Company’s Common Stock is Shares are then traded or quoted on a U.S. or Canadian nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value Fair Market Value of a Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is Shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value Fair Market Value of a Share in its reasonable good faith judgment.
Appears in 3 contracts
Sources: Warrant Agreement (Xanadu Quantum Technologies Inc.), Warrant Agreement (Xanadu Quantum Technologies Inc.), Warrant Agreement (Xanadu Quantum Technologies Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-the- counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Wealthfront Corp), Warrant Agreement (WEALTHFRONT Corp)
Fair Market Value. If the Company’s Common Stock is common shares are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a common share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is common shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Sophiris Bio Inc.), Warrant Agreement (Sophiris Bio Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Silverback Therapeutics, Inc.), Warrant Agreement (Silverback Therapeutics, Inc.)
Fair Market Value. If the Company’s Common Stock is Ordinary Shares are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share an Ordinary Share of Common Stock the Company reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is Ordinary Shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Iterum Therapeutics PLC), Warrant Agreement (Iterum Therapeutics PLC)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in or quoted on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Rockwell Medical, Inc.), Warrant Agreement (Rockwell Medical, Inc.)
Fair Market Value. If the Company’s Common Preferred Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Preferred Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Preferred Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Axonics Modulation Technologies, Inc.), Warrant Agreement (Axonics Modulation Technologies, Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not then traded in or quoted on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Sienna Biopharmaceuticals, Inc.), Warrant Agreement (Sienna Biopharmaceuticals, Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-theoverthe-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Motive Technologies, Inc.), Warrant Agreement (Motive Technologies, Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Warrant Exercise Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Spire Global, Inc.), Warrant Agreement (Spire Global, Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Remitly Global, Inc.), Warrant Agreement (Remitly Global, Inc.)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Remitly Global, Inc.), Warrant Agreement (Remitly Global, Inc.)
Fair Market Value. If the Company’s Common Stock is Shares are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Common Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is Shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Common Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Decipher Biosciences, Inc.), Warrant Agreement (Decipher Biosciences, Inc.)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 2 contracts
Sources: Warrant Agreement (Senseonics Holdings, Inc.), Warrant Agreement (Senseonics Holdings, Inc.)
Fair Market Value. If the Company’s Common Stock is Shares are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is Shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), ) then the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Sources: Warrant Agreement (Invitae Corp)
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise Exercise/Exchange to the CompanyCompany (the “Fair Market Value”). If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Sources: Warrant Agreement (Growth Capital Acquisition Corp.)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise Exercise/Exchange to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment..
Appears in 1 contract
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in or quoted on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Sources: Warrant Agreement (Codexis, Inc.)
Fair Market Value. If the Company’s Class B Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of the Class B Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Class B Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Sources: Warrant Agreement (Domo, Inc.)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Sources: Warrant Agreement (Omeros Corp)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), ) the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is Common Stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise Exercise/Exchange to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Sources: Warrant Agreement (Supernova Partners Acquisition Co II, Ltd.)
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.
Appears in 1 contract
Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment, such determination to be subject to Section 2.5(a) or Section 2.5(b), as applicable.
Appears in 1 contract