Value Per Share Clause Samples

Value Per Share. The term “Value Per Share” shall mean (i) in the event of a Listing pursuant to which incremental equity capital is expected to be raised through the issuance of shares of the Corporation, the final price at which such shares are actually issued, or an estimate thereof reasonably determined by mutual agreement of the Corporation and the Advisor, and (ii) in the event of a Listing pursuant to which no incremental equity capital is expected to be raised through the issuance of shares of the Corporation, the closing price at the end of the first day of trading of the Corporation’s shares upon Listing, or an estimate thereof reasonably determined by mutual agreement of the Corporation and the Advisor.

Value Per Share. (a) The applicable "Valuation Date" in connection with any sale of Shares pursuant to this Agreement shall be, (i) in the case of any sale of Shares pursuant to Section 1(a), the date of the receipt by the Corporation of the written notice of exercise of the Terminated Shareholder's right to sell his Shares to the Corporation, (ii) in the case of any sale of Shares pursuant to Section 1(b), the date of the applicable court's approval of an executor or appointment of an administrator of the estate of the Deceased Shareholder, or (iii) in the case of any sale of Shares pursuant to Section 3(b), the date of the receipt by the Transferor Shareholder of the written notice of the Corporation's exercise of its option to purchase the Offered Shares. The Value Per Share for purposes of a sale of Shares pursuant to this Agreement shall, in each case (except as set forth in Section 6(b)), be the value of one (1) share of the Corporation's Common Stock which, as of the applicable Valuation Date, has been most recently determined by an independent valuation firm for purposes of setting the price at which the shares of the Corporation's Common Stock are sold to and traded within the ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ and Hills, Inc. Employees 401(k) Profit Sharing Plan (or any successor plan thereto). For purposes of determining Value Per Share, any such valuation shall be proportionately adjusted as appropriate to reflect any "Recapitalization Event" (as hereinafter defined) occurring subsequent to the date of its determination by the independent valuation firm and prior to the closing of the applicable sale of Shares pursuant to this Agreement. For purposes of this Agreement, a Recapitalization Event shall mean any of the following: (i) the payment by the Corporation of a dividend on any class of its capital stock in shares of the Corporation's Common Stock, (ii) the subdivision of the outstanding shares of the Corporation's Common Stock into a greater number of shares by way of stock split or otherwise, or (iii) the combination of the outstanding shares of the Corporation's Common Stock into a smaller number of shares by way of reverse stock split or otherwise.

Value Per Share. Diluted Adjusted Book Value Per Share" shall have the meaning set forth in Section 2.1(c) of the Agreement.

Value Per Share. All fees, expenses and other liabilities of the Trust that are or will be incurred or accrued through the close of business on a Business Day shall be included in the calculations required by this Section 4.1(b) for that Business Day. Shares deliverable under a Purchase Order shall be considered to be outstanding for purposes of the calculations required by this Section 4.1(b) beginning on the Order Date. Shares deliverable under a Redemption Order shall not be considered to be outstanding for purposes of the calculations required by this Section 4.1(b) on and after the Order Date.

Value Per Share. CS Shares" means shares of CS ----------------------------- Wireless Systems, Inc. common stock; the "CS Value Per Share" means Eighteen Dollars and Eighty Cents ($18.80) for each CS Share.

Value Per Share. The term “Value Per Share” shall mean (i) in the event of a Listing pursuant to which incremental equity capital is expected to be raised through the issuance of shares of the Trust, the final price at which such shares are actually issued, or an estimate thereof reasonably determined by mutual agreement of the Trust and the Advisor, and (ii) in the event of a Listing pursuant to which no incremental equity capital is expected to be raised through the issuance of shares of the Trust, the closing price at the end of the first day of trading of the Trust’s shares upon Listing, or an estimate thereof reasonably determined by mutual agreement of the Trust and the Advisor. 2%/25% Guidelines. For any year in which the Trust qualifies as a REIT, the requirement pursuant to the NASAA REIT Guidelines that, in any 12 month period, Total Operating Expenses not exceed the greater of 2% of the Trust’s Average Invested Assets during such 12 month period or 25% of the Trust’s Net Income over the same 12 month period.