Common use of Incorporated Clause in Contracts

Incorporated. The closing price referred to in clause (ii) above shall be the last reported sale price or, in case no such reported sale takes place on such day, the average of the reported closing bid and asked prices, in either case, in the NASDAQ National Market System or on the national securities exchange on which the Common Stock is then listed. In the event the Common Stock is not traded in the NASDAQ National Market System or on a national securities exchange, the Current Market Price shall be determined in good faith by the Board of Directors of the Company.

Appears in 3 contracts

Sources: Warrant Agreement (Supershuttle International Inc), Warrant Agreement (Supershuttle International Inc), Warrant Agreement (Supershuttle International Inc)

Incorporated. The closing price referred to in clause (ii) above shall be the last reported sale price or, in the case no such reported sale takes place on such day, the average of the reported closing bid and asked prices, in either case, case in the NASDAQ National Market System or on the national securities exchange on which the Common Stock is then listed. In the event the Common Stock is not traded in the NASDAQ National Market System or on a national securities exchange, the Current Market Price shall be determined in good faith by the Board of Directors of the Company.

Appears in 2 contracts

Sources: Warrant Agreement (National Scientific Corp/Az), Warrant Agreement (National Scientific Corp/Az)

Incorporated. The closing last sale price referred to in clause (ii) above shall be the last reported sale price or, in case no such reported sale takes place on such day, the average of the reported closing bid and asked prices, in either case, in the NASDAQ National Market System case on Nasdaq or on the national securities exchange on which the Common Stock is then listed. In the event the Common Stock is not traded in the NASDAQ National Market System or on a national securities exchange, the Current Market Price shall be determined in good faith by the Board of Directors of the Company.

Appears in 2 contracts

Sources: Warrant Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp)

Incorporated. The closing price referred to in clause (ii) above shall be the last reported sale price or, in case no such reported sale takes place on such day, the average avenge of the reported closing bid and asked prices, in either case, in the NASDAQ National Market System or on the national securities exchange on which the Common Stock common stock is then listed. In the event the Common Stock is not traded in the NASDAQ National Market System or on a national securities exchange, the Current Market Price shall be determined in good faith by the Board of Directors of the Company.

Appears in 1 contract

Sources: Distribution Agreement (Long Distance Direct Holdings Inc)

Incorporated. The closing price referred to in clause (ii) above shall be the last reported sale price or, in case no such reported sale takes place on such day, the average of the reported closing bid and asked prices, in either case, case in the NASDAQ Nasdaq National Market System or on the national securities exchange on which the Common Stock is then listed. In the event the Common Stock is not traded in the NASDAQ National Market System or on a national securities exchange, the Current Market Price shall be determined in good faith by the Board of Directors of the Company.

Appears in 1 contract

Sources: Warrant Agreement (Hemacare Corp /Ca/)

Incorporated. The closing price referred to in clause (ii) above shall be the last reported sale price or, in case no such reported sale takes place on such day, the average of the reported closing bid and asked prices, in either case, case in the NASDAQ National Market System or on the national securities exchange on which the Common Stock is then listed. In the event the Common Stock is not traded in the NASDAQ National Market System or on a national securities exchange, the Current Market Price shall be determined in good faith by the Board of Directors of the Company.

Appears in 1 contract

Sources: Warrant Agreement (Checkers Drive in Restaurants Inc /De)