FMV definition

FMV is the closing price of the Association's common stock on The New York Stock Exchange (“NYSE”) or on whatever other stock exchange or market such stock is publicly traded on the date the Executive's employment terminates or, if such day is not a day on which such securities are traded, on the most recent preceding trading day on which a trade occurs, provided however that if the security allocated to the Executive's account during the last completed plan year is other than the Association's common stock the closing price of such security on the date the Executive's employment terminates shall be utilized.

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FMV is the closing price of the Company’s common stock on the NYSE, or on whatever other stock exchange or market such stock is publicly traded, on the date the Executive’s employment terminates or, if such day is not a day on which such securities are traded, on the most recent preceding trading day on which a trade occurs, provided, however, that if the option or stock appreciation right is for a security other than the Company’s common stock, the fair market value of a share of stock of the same class as the stock subject to the option or appreciation right, determined as of the date of termination of employment shall be utilized;

FMV means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Eligible Market, the value shall be deemed to be the highest intra-day or closing price on any trading day on such Eligible Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)) during the five trading days preceding the exercise, (b) if OTCQB or OTCQX is not an Eligible Market, the value shall be deemed to be the highest intra-day or closing price on any trading day on the OTCQB or OTCQX on which the Common Stock is then quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)) during the five trading days preceding the exercise, as applicable, (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX and if prices for the Common Stock are then reported in the “Pink Sheets” published by OTC Markets Group, Inc. (or a similar organization or agency succeeding to its functions of reporting prices), the “OTC Markets Group”, the value shall be deemed to be the highest intra-day or closing price on any trading day on the Pink Sheets on which the Common Stock is then quoted as reported by OTC Markets Group (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)) during the five trading days preceding the exercise, or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the Holder and reasonably acceptable to the Company, the fees and expenses of which shall be paid by the Company.

Examples of FMV in a sentence

If any such JV Announced Ero Change of Control does not close within six months of the date on which the FMV of the applicable portion of Ero’s then Ownership Interest is determined by the Parties or an Appraiser, as applicable, pursuant to the procedures set out in Section 11, Vale may, at its election, require that the procedures for determining the FMV of the applicable portion of Ero’s then Ownership Interest pursuant to Section 11 be repeated.
The Parties agree that any determination of FMV during the Joint Venture period shall account for: (a) the net present value of the Free Carry set forth above in Section 6 (Free Carry); and (b) the stage, uncertainties and the risk of the Assets relative to comparable projects and operations.
The FMV used for purposes of determining the applicable sale price of the Ownership Interest shall be the FMV of the two Parties that is closest to the valuation determined by the Appraiser.
In the event of an Ero Change of Control, so long as Vale’s Ownership Interest is equal to or greater than 30%, Vale will have the right (a “JV Partial Interest Call Right”) to acquire such portion of Ero’s then Ownership Interest at FMV (which will be determined as set out below in Section 11 (Determination of FMV during Joint Venture)) that will result in Vale holding an aggregate of up to 70% of the Ownership Interests.
The Appraiser will be instructed to deliver its determination of FMV of the Ownership Interest on or prior to the 30th Business Day following the engagement of the Appraiser and not to attribute any “control premium” to the Ownership Interest.

More Definitions of FMV

FMV means, unless otherwise required by any applicable provision of any regulations thereunder or by any applicable accounting standard for the Company’s desired accounting for Awards or by the rules of the Exchange, a price that is determined by the Committee, provided that such price cannot be less than the last closing price of the Shares on the Exchange less any discount permitted by the rules or policies of the Exchange.

FMV means fair market value.

FMV shall have the meaning set forth for such term in the Plan.

FMV with respect to a share of stock of the Company, shall mean (i) in the event that such shares are listed on an established U.S. exchange or through the NASDAQ National Market or any established over-the-counter trading system, the average of the closing prices of such Group Equity Securities on such exchange if listed or, if not so listed, the average bid and asked price of such shares reported on the NASDAQ National Market or any established over-the-counter trading system on which prices for such shares are quoted, in each case, for a period of twenty trading days prior to such date of determination, or (ii) if such shares are not publicly traded, a good faith determination by the Board through a reasonable application of a reasonable valuation method. Such determination shall be conclusive and binding on all persons.

FMV means the average reported last sale price of the Common Stock for the 10 trading days ending on the third business day prior to the date on which notice of exercise is received by the Company.

FMV means the Fair Market Value of the total number of Ordinary Shares outstanding prior to the consummation of such Above FMV Repurchase, calculated based on the Fair Market Value of one Ordinary Share on the Business Day after the tenth (10th) Trading Day immediately following the date on which such Above FMV Repurchase is consummated; and

FMV equals the Fair Market Value per share of Common Stock as of the Exercise Date, as determined below pursuant to this subsection 1(b); and