Common use of Valuation Method Clause in Contracts

Valuation Method. For purposes of determining "the value of the Company's issued and outstanding capital stock on the Valuation Date" within the meaning of the definition of Stock Appreciation Rights, the following valuation method shall be used: (a) If the Valuation Date is the date referred to in subparagraph 3(c)(i), (ii) or (iii), then "the value of the Company's issued and outstanding capital stock on the Valuation Date" shall be the book value of the Company at its immediately preceding fiscal year end. Book value is defined as the sum of the Company's retained earnings, its capital stock and its paid in capital. (b) If the Valuation Date is the date referred to in subparagraph 3(c)(iv), then "the value of the Company's issued and outstanding capital stock on the Valuation Date" shall be a sum determined by multiplying the fair market value of the consideration paid for each share of stock acquired by the new outside controlling entity or entities by the total number of shares of issued and outstanding capital stock of the Company on the Valuation Date.

Valuation Method. For purposes of determining "the value of the Company's issued and outstanding capital stock on the Valuation Date" within the meaning of the definition of Stock Appreciation Rights, the following valuation method shall be used: (a) If the Valuation Date is the date referred to in subparagraph 3(c)(i), (ii) or (iii), then "the value of the Companycompany's issued and outstanding capital stock on the Valuation Date" shall be the book value of the Company at its immediately preceding fiscal year end. Book value is defined as the sum of the Company's retained earnings, its capital stock and its paid paid-in capital. (b) If the Valuation Date is the date referred to in subparagraph 3(c)(iv), then "the value of the Company's issued and outstanding capital stock on the Valuation Date" shall be a sum determined by multiplying the fair market value of the consideration paid for each share of stock acquired by the new outside controlling entity or entities by the total number of shares of issued and outstanding capital stock of the Company on the Valuation Date.