Common use of Current Market Price Clause in Contracts

Current Market Price. For all purposes of this Agreement, the Current Market Price per share of Common Stock on any date shall be deemed to be the average of the daily closing prices for the thirty consecutive business days commencing before such date. The closing price for each day shall be (a) if the Common Stock shall be listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way on the principal national securities exchange on which the Common Stock shall be listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, the closing price, if reported, or, if the closing price is not reported, the average of the closing bid and asked prices, as reported by the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or a similar source selected from time to time by the Company for the purpose. If on any such date the shares of Common Stock are not quoted by any such source, the fair value of such shares on such date, as determined by the Board of Directors of the Company, shall be used.

Current Market Price. For all purposes of this AgreementIn Sections 7(b), (c), (d) and (e) and Section 10, the Current Market Price current market price per share of Common Stock on any date shall be deemed to be is the average of the daily closing prices for the thirty consecutive business days commencing before such date. The closing price for each day shall be Closing Prices (aas defined below) if of the Common Stock for 20 consecutive trading days commencing 30 trading days before the date in question. The term “Closing Price” shall be mean, for each trading day, (A) in the case of a security listed or admitted to for trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (any United States national securities exchange or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchangequotation system, the last reported sales sale price regular way on the principal national securities exchange on which the Common Stock shall be listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days)way, or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading no sale takes place on any national securities exchange, the closing price, if reported, or, if the closing price is not reportedsuch day, the average of the closing bid and asked prices, prices in the over-the-counter market as reported furnished by the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or a similar source any New York Stock Exchange member firm selected from time to time by the Company for that purpose, (B) in the purpose. If case of a security not then listed or admitted for trading on any United States national securities exchange or quotation system and as to which no such reported sale price or bid or asked prices are available, the average or the reported high bid and low asked prices on such day, as reported by a reputable quotation service, or a newspaper of general circulation in the Borough of Manhattan, City and State of New York, customarily published on each Business Day, designated by the Company, or if there shall be no bid and asked prices on such day, the average of the high bid and low asked prices, as so reported, on the most recent day (not more than thirty (30) days prior to the date in question) for which prices have been so reported and (C) if there are not bid and asked prices reported during the shares thirty (30) days prior to the date in question, the Closing Price will be the Fair Market Value. “Fair Market Value” means, as to any share of Common Stock, the cash price at which a willing seller would sell and a willing buyer would buy such share of Common Stock are not quoted by any such source, the fair value of such shares on such datein an arm’s length negotiated transaction without time constraints, as determined by a nationally recognized valuation firm selected by mutual agreement of the Board of Directors of Initial Holders and the Company, whose determination shall be usedfinal and binding on the parties hereto. The fees and expenses of such valuation firm shall be paid by the Company.

Current Market Price. (i) For all purposes the purpose of this Agreementany computation hereunder, other than computations made pursuant to Section 11(a)(iii), the "Current Market Price Price" per share of Common Stock on any date shall be deemed to be the average of the daily closing prices per share of such Common Stock for the thirty (30) consecutive business days commencing before Trading Days immediately prior to such date, and for purposes of computations made pursuant to Section 11(a)(iii) hereof, the "Current Market Price" per share of Common Stock on any date shall be deemed to be the average of the daily closing prices per share of such Common Stock for the ten (10) consecutive Trading Days immediately following such date; provided, however, that in the event that the Current Market Price per share of the Common Stock is determined during a period following the announcement by the issuer of such Common Stock of (A) a dividend or distribution on such Common Stock payable in shares of such Common Stock or securities convertible into shares of such Common Stock (other than the Rights), or (B) any subdivision, combination or reclassification of such Common Stock, and the ex-dividend date for such dividend or distribution, or the record date for such subdivision, combination or reclassification shall not have occurred prior to the commencement of the requisite thirty (30) Trading Day or ten (10) Trading Day period, as set forth above, then, and in each such case, the Current Market Price shall be properly adjusted to take into account ex-dividend trading. The closing price for each day shall be (a) the last sale price, regular way, or, in case no such sale takes place on such day, the average of the closing bid and asked prices, regular way, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the New York Stock Exchange or, if the shares of Common Stock shall be are not listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions as reported in the Common Stock, or if the Common Stock shall be principal consolidated transaction reporting system with respect to securities listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way on the principal national securities exchange on which the shares of Common Stock shall be are listed or admitted to trading (which shall be or, if the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall are not be listed or admitted to trading on any national securities exchange, the closing price, if reported, last quoted price or, if the closing price is not reportedso quoted, the average of the closing high bid and low asked pricesprices in the over-the-counter market, as reported by the National Association of Securities Dealers Dealers, Inc. Automated Quotation (Nasdaq) National Market System or a similar source selected from time to time by the Company for the purpose. If such other system then in use, or, if on any such date the shares of Common Stock are not quoted by any such sourceorganization, the average of the closing bid and asked prices as furnished by a professional market maker making a market in the Common Stock selected by the Board. If on any such date no market maker is making a market in the Common Stock, the fair value of such shares on such date, date as determined in good faith by the Board of Directors of the Company, shall be used.. The

Current Market Price. For all purposes of this Agreement, the The "Current Market Price Price" per share of Common Stock on at any date shall be deemed to be the average of the daily closing prices for the thirty 10 consecutive business trading days commencing before such dateending on the last full trading day on the exchange or market specified in the second succeeding sentence, prior to the time and date as of which the Current Market Price is to be computed. The closing price for each any day shall be (a) if the Common Stock shall be listed or admitted to trading on the New York Stock Exchange, the closing last reported sale price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) regular way or, if no such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed reported sale takes place on a stock exchange other than the New York Stock Exchangesuch day, the last reported sales price average of the closing bid and asked prices regular way for such day, in each case (1) on the principal national securities exchange on which the shares of Common Stock shall be are listed or to which such shares are admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b2) if the Common Stock shall is not be listed or admitted to trading on any a national securities exchange, in the closing price, if reported, or, if the closing price is not reported, the average of the closing bid and asked prices, over-the-counter market as reported by the National Association of Securities Dealers Dealers, Inc. Automated Quotation System ("Nasdaq") National Market or any comparable system or (3) if the Common Stock is not listed on Nasdaq or a similar source comparable system, as furnished by two members of the National Association of Securities Dealers, Inc. ("NASD") selected from time to time in good faith by the Board of Directors of the Company for the that purpose. If on In the absence of all of the foregoing, or if for any such date other reason the shares Current Market Price per share cannot be determined pursuant to the foregoing provisions of Common Stock are not quoted by any such sourcethis Section 5, the Current Market Price per share shall be the fair market value of such shares on such date, thereof as determined in good faith by the Board of Directors of the Company, shall be used.

Current Market Price. For all purposes the purpose of this Agreementany computation hereunder, other than computations made pursuant to Section 11(a)(iii) (Adjustment of Purchase Price; Number and Kind of Shares or Number of Rights -- Certain Adjustments) the Current Market Price per share of Common Stock on any date shall be deemed to be the average of the daily closing prices per share of such Common Stock for the thirty (30) consecutive business days commencing before Trading Days immediately prior to such date, and for purposes of computations made pursuant to Section 11(a)(iii) the Current Market Price per share of Common Stock on any date shall be deemed to be the average of the daily closing prices per share of such Common Stock for the ten (10) consecutive Trading Days immediately following such date; provided, however, that in the event that the Current Market Price per share of the Common Stock is determined during a period following the announcement by the issuer of such Common Stock of (A) a dividend or distribution on such Common Stock payable in shares of such Common Stock or securities convertible into shares of such Common Stock (other than the Rights), or (B) any subdivision, combination or reclassification of such Common Stock and the ex-dividend date for such dividend or distribution, or the record date for such subdivision, combination or reclassification shall not have occurred prior to the commencement of the requisite thirty (30) Trading Day or ten (10) Trading Day period, as set forth above, then, and in each such case, the Current Market Price shall be properly adjusted to take into account ex-dividend trading. The closing price for each day Trading Day shall be (a) the last sale price, regular way, or, in case no such sale takes place on such Trading Day, the average of the closing bid and asked prices, regular way, in either case as reported in the principal consolidated transaction reporting system with respect to securities listed or admitted to trading on the New York Stock Exchange or, if the shares of Common Stock shall be are not listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions as reported in the Common Stock, or if the Common Stock shall be principal consolidated transaction reporting system with respect to securities listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way on the principal national securities exchange on which the shares of Common Stock shall be are listed or admitted to trading (which shall be or, if the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall are not be listed or admitted to trading on any national securities exchange, the closing price, if reported, last quoted price or, if the closing price is not reportedso quoted, the average of the closing high bid and low asked pricesprices in the over-the-counter market, as reported by the National Association of Securities Dealers Dealers, Inc. Automated Quotation System ("Nasdaq") National Market or a similar source selected from time to time by the Company for the purpose. If on any such date the shares of Common Stock are not quoted by any such sourceother system then in use, the fair value of such shares on such dateor, as determined by the Board of Directors of the Company, shall be used.if on

Current Market Price. For all purposes the purpose of any computation of current market price under this Agreement, the Current Market Price current market price per share of Common Stock on at any date shall be deemed to be the average of the daily closing prices for price the thirty consecutive business days commencing last full trading day on the exchange or market specified in the second succeeding sentence prior to the Time of Determination (as defined below). The term "Time of Determination" as used herein shall be the time and date of the earlier to occur of (A) the date as of which the current market price is to be computed and (B) the last full trading day on such exchange or market before such datethe commencement of "ex-dividend" trading in the Common Stock relating to the event giving rise to the adjustment required by paragraph (a) or (b) above. The closing price for each any day shall be (a) if the Common Stock shall be listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales sale price regular way or, in case no such reported sale takes place on such day, the average of the closing bid and asked prices regular way for such day, in each case (1) on the principal national securities exchange on which the shares of Common Stock shall be are listed or to which such shares are admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b2) if the Common Stock shall is not be listed or admitted to trading on any a national securities exchange, in the closing price, if reported, or, if the closing price is not reported, the average of the closing bid and asked prices, over-the-counter market as reported by Nasdaq National or SmallCap Markets or any comparable system or (3) if the Common Stock is not listed on Nasdaq National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or SmallCap Markets or a similar source comparable system but a public market for the Common Stock exists, as furnished by two members of the NASD selected from time to time by the Company for the purpose. If on any such date the shares of Common Stock are not quoted by any such source, the fair value of such shares on such date, as determined in good faith by the Board of Directors of the CompanyCompany for that purpose. In the absence of all of the foregoing, or if for any other reason the current market price per share cannot be determined pursuant to the foregoing provisions of this paragraph (c), the current market price per share shall be used.the fair market value thereof as determined in good faith by the Board of Directors of the Company and evidenced by a resolution of such Board, subject to the following dispute resolution right of the Holders of the Warrants. In the event that Holders of a majority of the Warrants dispute the determination of the Board of Directors, such Holders shall notify the Company and the current market price shall be determined in a reasonably prompt manner as follows:

Current Market Price. For all purposes the purpose of any computation pursuant to this AgreementSection 7, the Current Market Price per at any date of one share of Common Stock on any date shall be deemed to be the average of the daily closing prices for the thirty 30 consecutive business trading days commencing ending no more than 15 days before the day in question (as adjusted for any stock dividend, split-up, combination or reclassification that took effect during such date30 trading day period). The closing price for each day shall be (a) if the Common Stock shall be listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales sale price regular way or, in case no such reported sale took place on such day, the average of the last reported bid and asked prices regular way, in either case on the principal national securities exchange on which the Common Stock shall be is listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of or if the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction not at the time listed or admitted for trading on any such dayexchange, then such price as shall be equal to the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, the closing price, if reported, or, if the closing price is not reported, the average of the closing last reported bid and asked prices, as reported by the National Association of Securities Dealers Automated Quotation Quotations System (Nasdaq"NASDAQ") National Market on such day, or a similar source selected from time if, on any day in question, the Common Stock shall not be quoted on the NASDAQ, then such price shall be equal to time the last reported bid and asked prices on such day as reported by the Company National Quotation Bureau, Inc. or any similar reputable quotation and reporting service, if such quotation is not reported by the National Quotation Bureau, Inc.); provided, however, that if the Common Stock is not traded in such manner that the quotations referred to in this Section 7.2 are available for the purpose. If on any such date the shares of Common Stock are not quoted by any such sourceperiod required hereunder, the fair value of such shares on such date, as Current Market Price shall be determined in good faith by the Board of Directors of the Company, shall or if such determination cannot be usedmade, by a nationally recognized independent investment banking firm selected by the Board of Directors.

Current Market Price. For all purposes of this AgreementIn Sections 7(b), (c), (d) and (e), the Current Market Price current market price per share of Common Stock on any date shall be deemed to be is the average of the daily closing prices for the thirty consecutive business days commencing before such date. The closing price for each day shall be Closing Prices (aas defined below) if of the Common Stock for 20 consecutive trading days commencing 30 trading days before the date in question. The term “Closing Price” shall be mean, for each trading day, (A) in the case of a security listed or admitted to for trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (any United States national securities exchange or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchangequotation system, the last reported sales sale price regular way on the principal national securities exchange on which the Common Stock shall be listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days)way, or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading no sale takes place on any national securities exchange, the closing price, if reported, or, if the closing price is not reportedsuch day, the average of the closing bid and asked prices, prices in the over-the-counter market as reported furnished by the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or a similar source any New York Stock Exchange member firm selected from time to time by the Company for that purpose, (B) in the purpose. If case of a security not then listed or admitted for trading on any United States national securities exchange or quotation system and as to which no such reported sale price or bid or asked prices are available, the average or the reported high bid and low asked prices on such day, as reported by a reputable quotation service, or a newspaper of general circulation in the Borough of Manhattan, City and State of New York, customarily published on each Business Day, designated by the Company, or if there shall be no bid and asked prices on such day, the average of the high bid and low asked prices, as so reported, on the most recent day (not more than thirty (30) days prior to the date in question) for which prices have been so reported and (C) if there are not bid and asked prices reported during the shares thirty (30) days prior to the date in question, the Closing Price will be the Fair Market Value. “Fair Market Value” means, as to any share of Common Stock, the cash price at which a willing seller would sell and a willing buyer would buy such share of Common Stock are not quoted by any such source, the fair value of such shares on such datein an arm’s length negotiated transaction without time constraints, as determined by a nationally recognized valuation firm selected by mutual agreement of the Initial Holders and the Company, whose determination shall be final and binding on the parties hereto; provided, however, that (i) with respect to a sale of securities approved unanimously by the members of the Board of Directors of the Company, the Fair Market Value of such securities shall be usedthe price actually paid by the purchaser or purchasers of such securities, and (ii) with respect to a sale of securities pursuant to a public offering by the Company, the Fair Market Value of such securities shall be the offering price of such securities. The fees and expenses of the valuation firm pursuant to the preceding sentence, if applicable, shall be paid by the Company.

Current Market Price. For all purposes In Section 6 and subsections (b) and (c) of this Agreement, Section 13 the Current Market Price “current market price” per share of Common Stock on any date shall be deemed to be the average of the daily closing prices for the thirty consecutive business days commencing before such date. The closing price for each day fair market value per Warrant Share which shall be mean (ai) if the Common Stock shall be listed or admitted to trading is in the over-the-counter market and not in The Nasdaq National Market nor on the New York Stock Exchangeany national securities exchange, the average of the per share closing bid price on the NYSE-Consolidated Tape 20 consecutive trading days immediately preceding the date in question, as reported by The Nasdaq Small Cap Market (or any successor composite tape recording transactions an equivalent generally accepted reporting service if quotations are not reported on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common StockThe Nasdaq Small Cap Market), or (ii) if the Common Stock is traded in The Nasdaq National Market or on a national securities exchange, the average for the 20 consecutive trading days immediately preceding the date in question of the daily per share closing prices in The Nasdaq National Market or on the principal stock exchange on which it is listed, as the case may be. For purposes of clause (i) above, if trading in the Common Stock is not reported by The Nasdaq SmallCap Market, the applicable bid price referred to in said clause shall be listed the lowest bid price as reported on the OTC Electronic Bulletin Board of the National Association of Securities Dealers, Inc. or, if not reported thereon, as reported in the “pink sheets” published by National Quotation Bureau, Incorporated, and, if such securities are not so reported, shall be the price of a stock exchange other than share of Common Stock determined by the New York Stock Exchange, Company’s Board of Directors in good faith. The closing price referred to in clause (ii) above shall be the last reported sales sale price regular way 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 or on the principal national securities exchange on which the Common Stock shall be is then listed or admitted to trading (which shall be the national securities exchange on which the greatest number in accordance with Section 5(a) of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, the closing price, if reported, or, if the closing price is not reported, the average of the closing bid and asked prices, as reported by the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or a similar source selected from time to time by the Company for the purpose. If on any such date the shares of Common Stock are not quoted by any such source, the fair value of such shares on such date, as determined by the Board of Directors of the Company, shall be usedthis Agreement.

Current Market Price. For all purposes of this Agreement, the Current Market Price per share of Common Stock on any date shall be deemed to be the average of the daily closing prices for the thirty consecutive business days commencing before such dateimmediately preceding ten trading days. The closing price for each day shall be (a) if the Common Stock shall be listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way on the principal national securities exchange on which the Common Stock shall be listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, the closing price, if reported, or, if the closing price is not reported, the average of the closing bid and asked prices, as reported by the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market ), OTC Bulletin Board or a similar source selected from time to time by the Company for the purpose. If on any such date the shares of Common Stock are not quoted by any such source, the fair value of such shares on such date, as determined by the Board of Directors of the Company, shall be used.

Current Market Price. For all purposes of this AgreementSection 1.2, current market price of one share of the Company's Common Stock (the "Current Market Price Price") shall mean (per share of Common Stock on at any date shall be deemed to be date): the per share fair market value of the Common Stock (i) determined by the average of the daily closing prices for the thirty "market prices" over a period of 10 consecutive business days commencing Business Days before such date. The closing price for each day shall be date or (aii) if and so long as there is no exchange or over-the-counter market for the Common Stock of the Company, the price per share which the Company could obtain from a willing buyer for the shares sold by the Company from authorized but unissued shares, as such price shall be listed or admitted to trading determined in good faith by the Board of Directors of the Company and the Warrantholder, PROVIDED, HOWEVER, if the Company and the Warrantholder can not agree on the New York Stock Exchangea value, the closing price on Company and the NYSE-Consolidated Tape (or any successor composite tape recording transactions on holder(s) of the New York Stock Exchange) or, if such a composite tape majority of the Warrants shall not be in use or shall not report transactions in retain an independent investment banking firm to determine the per share fair market value of the Common Stock, or if with the Common Stock expense of such firm to be shared equally by the Company and the Warrantholder(s). The market price referred to in clause (i) above for each such Business Day shall be listed on a stock exchange other than the New York Stock Exchange, be: (A) the last reported sales sale price regular way on such day on the principal national securities exchange on which the Common Stock shall be is then listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction sale takes place on such day on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, the closing price, if reported, or, if the closing price is not reported, the average of the closing bid and asked pricesprices on such day as officially quoted on any such exchange), or (B) if the Common Stock is not then listed or admitted on any stock exchange, the market price for each such business day shall be the last sale price on such day (or, if no sale takes place on such day, the average of the closing bid and asked prices on such day in the over-the-counter market), in either case as reported through NASDAQ, (or, if such prices are not at the time so reported, as reported furnished by any member of the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or a similar source Dealers, Inc. selected from time to time by the Company for the purpose. If on any such date the shares of Common Stock are not quoted by any such source, the fair value of such shares on such date, as determined by the Board of Directors of the Company, shall be used).

Current Market Price. For all purposes the purpose of any computation under paragraphs (b) and (d) of this AgreementSection, the Current Market Price current market price per share of [Preferred Shares] [Common Stock Stock] on any date shall be deemed to be the average of the daily closing prices for the thirty 15 consecutive business days Business Days selected by the Company commencing not less than 20 nor more than 30 Business Days before such datethe day in question. The closing price for each day shall be (a) if the Common Stock shall be listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way or, in case no such reported sale takes place on such day, the average of the reported closing bid and asked prices regular way, in either case on the New York Stock Exchange or, if such [Preferred Shares are] [Common Stock is] not listed or admitted to trading on such Exchange, on the principal national securities exchange on which the such [Preferred Shares are] [Common Stock shall be is] listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, on the closing price, if reported, National Association of Securities Dealers Automated Quotations National Market System or, if the closing price is such [Preferred Shares are] [Common Stock is] not reportedlisted or admitted to trading on any national securities exchange or quoted on such National Market System, the average of the closing bid and asked prices, prices in the over-the-counter market as reported furnished by the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or a similar source any New York Stock Exchange member firm selected from time to time by the Company for the purpose. If on any In the event that no such date the shares of Common Stock are not quoted by any such sourcemarket trading exists, the fair value of such shares on such date, as current market price will be determined by three independent nationally reorganized investment banking firms selected by the Company in such manner as the Board of Directors of the Companydeems appropriate. "Business Day" means each Monday, shall Tuesday, Wednesday, Thursday and Friday that is not a day on which banking institutions where Warrants may be usedsurrendered for exercise or in Grand Rapids, Michigan, are authorized or obligated by law or executive order to close.

Current Market Price. For all purposes In subsections (b), (c), (d) and (e) of this Agreement, SECTION 12 the Current Market Price current market price per share of Common Stock on any date shall be deemed to be the average of the daily closing prices for the thirty consecutive business days commencing before such date. The closing price for each day fair market value per Warrant Share which shall be mean (ai) if the Common Stock shall be listed or admitted to trading is in the over-the-counter market and not in The Nasdaq National Market nor on the New York Stock Exchangeany national securities exchange, the average of the per share closing price on the NYSE-Consolidated Tape 10 consecutive trading days immediately preceding the date in question, as reported by The Nasdaq Small Cap Market (or any successor composite tape recording transactions an equivalent generally accepted reporting service if quotations are not reported on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common StockThe Nasdaq Small Cap Market), or (ii) if the Common Stock is traded in The Nasdaq National Market or on a national securities exchange, the average for the 10 consecutive trading days immediately preceding the date in question of the daily per share closing prices in The Nasdaq National Market or on the principal stock exchange on which it is listed, as the case may be. For purposes of clause (i) above, if trading in the Common Stock is not reported by The Nasdaq Small Cap Market, the applicable closing price referred to in said clause shall be listed the last sale price as reported on the OTC Electronic Bulletin Board of the National Association of Securities Dealers, Inc. or, if not reported thereon, as reported in the “pink sheets” published by National Quotation Bureau, Incorporated, and, if such securities are not so reported, shall be the price of a stock exchange other than share of Common Stock determined by the New York Stock Exchange, Company’s Board of Directors in good faith. The closing price referred to in clauses (i) and (ii) above shall be the last reported sales sale price regular way or, in case no such reported sale takes place on such day, the average of the reported closing bid and asked prices, in any case in The Nasdaq Small Cap Market (or the equivalent generally accepted reporting service if quotations are not reported on The Nasdaq Small Cap Market), The Nasdaq National Market or on the principal national securities exchange on which the Common Stock shall be is then listed or admitted to trading (which shall be the national securities exchange on which the greatest number in accordance with SECTION 11 of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, the closing price, if reported, or, if the closing price is not reported, the average of the closing bid and asked prices, as reported by the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or a similar source selected from time to time by the Company for the purpose. If on any such date the shares of Common Stock are not quoted by any such source, the fair value of such shares on such date, as determined by the Board of Directors of the Company, shall be usedthis Agreement.

Current Market Price. For all purposes the purpose of any computation under this AgreementWarrant, the Current Market Price "current market price" per share of Common Stock on any date shall be deemed to be the average of the daily closing prices Closing Prices of the shares of Common Stock for the thirty (30) consecutive business days commencing before such Trading Days preceding the applicable date. The closing price "Closing Price" for each day shall be (ai) if the Common Stock shall be listed or admitted to trading last reported sale price regular way or, in case no such sale takes place on such date, the average of the closing bid and asked quotations regular way, in either case on the New York Stock Exchange, the closing price on the NYSE-Consolidated Tape (or any successor composite tape recording transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be is not listed or admitted to trading on a stock exchange other than the New York Stock Exchangesuch exchange, the last reported sales price regular way on the principal national securities exchange on which the Common Stock shall be is listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, trading; or (bii) if the Common Stock shall is not be listed or admitted to trading on any national securities exchange, the closing price, if reported, last reported sale price regular way or, if the closing price is not reportedin case no such sale takes place on such day, the average of the closing bid and asked pricesquotations regular way, as reported by in either case on the National Market System of the National Association of Securities Dealers Automated Quotation Dealers, Inc. (Nasdaq"NASD"); or (iii) National Market if not authorized for trading or a similar source selected from time to time quotation on such system, the average of the highest reported bid and lowest reported asked quotations as furnished by the Company for NASD or similar organization if the purpose. If on any NASD is no longer reporting such date the shares of Common Stock information; or (iv) if no such prices or quotations are not quoted by any such sourceavailable, the fair market value of such shares on such date, the Common Stock as determined by good faith action of the Board of Directors of the Company, Company (whose determination shall be usedconclusive if based on the financial advice of a nationally recognized investment banking firm and shall be described in a statement delivered to the Holder). A "Trading Day" shall be any day that the principal national securities exchange on which the Common Stock is listed or admitted to trading is open for the transaction of business or, if not so listed or admitted, that the New York Stock Exchange is open for the transaction of business.

Current Market Price. For all purposes of this Agreement, the Current Market Price The current market price per share of Common Stock (the "CURRENT MARKET PRICE") on any date shall be deemed is: (i) if the Common Stock is not registered under the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), the value of the Common Stock as determined by an independent, nationally recognized investment banking firm experienced in valuation matters chosen by the Company and reasonably satisfactory to be the Warrant holder, or (ii) if the Common Stock is registered under the Exchange Act, the average of the daily closing prices Closing Prices of the Common Stock for the thirty 30 consecutive business trading days commencing 45 trading days before such datethe date in question or, if the Common Stock has been registered for less than 30 consecutive trading days, the average of the daily Closing Prices for all the trading days of the Common Stock. The closing price Closing Price for each day shall be (a) if the Common Stock shall be listed or admitted to trading on the New York Stock Exchange, the closing price on the NYSE-NYSE - Consolidated Tape (or any successor composite tape recording reporting transactions on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common Stock, or if the Common Stock shall be listed on a stock exchange other than the New York Stock Exchange, the last reported sales price regular way on the principal national securities exchange on which the Common Stock shall be listed or admitted to trading (which shall be the national securities exchange on which the greatest number of shares of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, the closing price, if reported, or, if the closing price is not reported, the average of the closing last reported bid and asked pricesprice, as reported by the National Association of Securities Dealers Automated Quotation System (NasdaqNASDAQ) National Market or a similar source selected from time to time by the Company for the purpose. If on any In the absence of one or more such date the shares of Common Stock are not quoted by any such sourcequotations, the fair value of such shares on such date, as determined by the Board of Directors of the Company, Company shall be useddetermine the Current Market Price in good faith on the basis of such quotations.

Current Market Price. For all purposes In subsections (b), (c), (d) and (e) of this Agreement, Section 10 the Current Market Price current market price per share of Common Stock on any date shall be deemed to be the average of the daily closing prices for the thirty consecutive business days commencing before such date. The closing price for each day fair market value per Warrant Share which shall be mean (ai) if the Common Stock shall be listed or admitted to trading is in the over-the-counter market and not in The Nasdaq National Market nor on the New York Stock Exchangeany national securities exchange, the average of the per share closing bid price on the NYSE-Consolidated Tape 20 consecutive trading days immediately preceding the date in question, as reported by The Nasdaq Small Cap Market (or any successor composite tape recording transactions an equivalent generally accepted reporting service if quotations are not reported on the New York Stock Exchange) or, if such a composite tape shall not be in use or shall not report transactions in the Common StockThe Nasdaq Small Cap Market), or (ii) if the Common Stock is traded in The Nasdaq National Market or on a national securities exchange, the average for the 20 consecutive trading days immediately preceding the date in question of the daily per share closing prices in The Nasdaq National Market or on the principal stock exchange on which it is listed, as the case may be. For purposes of clause (i) above, if trading in the Common Stock is not reported by The Nasdaq Small Cap Market, the applicable bid price referred to in said clause shall be listed the lowest bid price as reported on the OTC Electronic Bulletin Board of the National Association of Securities Dealers, Inc. or, if not reported thereon, as reported in the "pink sheets" published by National Quotation Bureau, Incorporated, and, if such securities are not so reported, shall be the price of a stock exchange other than share of Common Stock determined by the New York Stock Exchange, Company's Board of Directors in good faith. The closing price referred to in clause (ii) above shall be the last reported sales sale price regular way 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 or on the principal national securities exchange on which the Common Stock shall be listed or admitted to trading (which shall be is then listed. in accordance with the national securities exchange on which the greatest number first paragraph of shares Section 5 of the Common Stock has been traded during such thirty consecutive business days), or, in either case, if there is no transaction on any such day, the average of the bid and asked prices regular way on such day, or (b) if the Common Stock shall not be listed or admitted to trading on any national securities exchange, the closing price, if reported, or, if the closing price is not reported, the average of the closing bid and asked prices, as reported by the National Association of Securities Dealers Automated Quotation (Nasdaq) National Market or a similar source selected from time to time by the Company for the purpose. If on any such date the shares of Common Stock are not quoted by any such source, the fair value of such shares on such date, as determined by the Board of Directors of the Company, shall be usedthis Agreement.