Definition of Fair Market Value. For purposes of this Agreement, the “Fair Market Value” of a Share at a specified date shall be the amount which the Board of Directors determines in good faith to be 100% of the fair market value of such a share as of the date in question. Notwithstanding the foregoing:
Appears in 2 contracts
Samples: Stock Option Agreement (Predictive Oncology Inc.), Stock Option Agreement (Skyline Medical Inc.)
Definition of Fair Market Value. For purposes of this AgreementAs used herein, the “"Fair Market ------------------------------- Value” " of a Share at a specified date shall be the amount which determined by the Board of Directors determines in good faith to be 100% on the basis of the fair market value of such a share as of the date in question. Notwithstanding the foregoing:best available evidence, which determination shall be final and binding.
Appears in 2 contracts
Samples: Stock Bonus Agreement (Afc Enterprises Inc), Stock Bonus Agreement (Afc Enterprises Inc)
Definition of Fair Market Value. For the purposes of this Agreementparagraph (ii) above, the “Fair Market Value” of a Share at a specified date shall be the amount which the Board of Directors determines in good faith to be 100% of the fair market value of such a share as the Series B Convertible Preferred Stock shall be determined by the Board of Directors of the date in question. Notwithstanding the foregoing:Company exclusive of any member of such Board of Directors that directly or indirectly controls any holder of Options.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Healthstream Inc)
