Common use of Determination of Fair Market Value Clause in Contracts

Determination of Fair Market Value. For purposes of this Section 10.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 38 contracts

Samples: Loan Agreement (Environmental Impact Acquisition Corp), Cerecor Inc., Cerecor Inc.

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Determination of Fair Market Value. For purposes of this Section 10.2, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 24 contracts

Samples: Loan and Security Agreement (Depomed Inc), Dot Hill Systems Corp, Dot Hill Systems Corp

Determination of Fair Market Value. For purposes of this Section 10.29.2, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 19 contracts

Samples: Registration Rights Agreement (Maverick Capital LTD), Modification Agreement (Easylink Services Corp), Registration Rights Agreement (Easylink Services Corp)

Determination of Fair Market Value. For purposes of this Section 10.21.4(c), “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 9 contracts

Samples: Oceanaut, Inc., O2wireless Solutions Inc, Archemix Corp.

Determination of Fair Market Value. For purposes of this Section 10.2, “fair market value” of a an ordinary share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 5 contracts

Samples: Stealth BioTherapeutics Corp, Stealth BioTherapeutics Corp, Stealth BioTherapeutics Corp

Determination of Fair Market Value. For purposes of this Section 10.22(b) ---------------------------------- above, fair market value” value of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 5 contracts

Samples: Medjet Inc, Medjet Inc, Medjet Inc

Determination of Fair Market Value. For purposes of this Section 10.29(c), "fair market value" of a share of Common Stock or a Converted Warrant Share, as the case may be, as of a particular date (the "Determination Date") shall mean:

Appears in 5 contracts

Samples: Letter of Agreement (Atlantic Pharmaceuticals Inc), Atlantic Pharmaceuticals Inc, Atlantic Pharmaceuticals Inc

Determination of Fair Market Value. For purposes of this Section 10.210.1, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 4 contracts

Samples: Aronex Pharmaceuticals Inc, Aronex Pharmaceuticals Inc, Aronex Pharmaceuticals Inc

Determination of Fair Market Value. For purposes of this Section 10.21.5, “fair market value” of a share of Common Warrant Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 4 contracts

Samples: Asset Purchase Agreement (ONE Group Hospitality, Inc.), U S Wireless Data Inc, U S Wireless Data Inc

Determination of Fair Market Value. For purposes of this Section 10.29.2, “fair market value” of a share of Share (or Common Stock if the Shares have been converted into Common Stock) as of a particular date (the “Determination Date”) shall mean:

Appears in 4 contracts

Samples: CVRx, Inc., CVRx, Inc., CVRx, Inc.

Determination of Fair Market Value. For purposes of this Section 10.210.3, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 4 contracts

Samples: Rhythms Net Connections Inc, Rhythms Net Connections Inc, Shaman Pharmaceuticals Inc

Determination of Fair Market Value. For purposes of this Section 10.29.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 3 contracts

Samples: Registration Rights Agreement (RHO Ventures VI LP), Registration Rights Agreement (Bluefly Inc), Dot Hill Systems Corp

Determination of Fair Market Value. For purposes of this Section 10.29, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 3 contracts

Samples: Medibuy Com Inc, Medibuy Com Inc, Nexstar Pharmaceuticals Inc

Determination of Fair Market Value. For purposes of this Section 10.27, the fair market value” value (the “Market Price”) of a share of Common Stock or Warrant Share as of a particular date (the “Determination Date”) shall meanmeans:

Appears in 3 contracts

Samples: Applied Therapeutics Inc., Applied Therapeutics Inc., Applied Therapeutics Inc.

Determination of Fair Market Value. For purposes of this Section 10.2, "fair market value" of a share of Common Stock as of a particular date (the “Determination Date”"DETERMINATION DATE") shall mean:

Appears in 2 contracts

Samples: Solicitation Agreement (Ribozyme Pharmaceuticals Inc), Ista Pharmaceuticals Inc

Determination of Fair Market Value. For purposes of this Section 10.28, "fair market value" of a share of Common Stock Share as of a particular date (the "Determination Date") shall mean:

Appears in 2 contracts

Samples: Warrant Agreement (Pro Dex Inc), Warrant Agreement (Pro Dex Inc)

Determination of Fair Market Value. For purposes of this Section 10.21.4(c), "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 2 contracts

Samples: Majesco Holdings Inc, Connectiv Corp

Determination of Fair Market Value. For purposes of this Section 10.27, fair market value” value of a share of Common Warrant Stock as of a particular date (the "Determination Date") shall mean:

Appears in 2 contracts

Samples: Marketing and Distribution Agreement (Buildnet Inc), Buildnet Inc

Determination of Fair Market Value. For purposes of this Section 10.210.1, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 2 contracts

Samples: Comscore, Inc., Comscore, Inc.

Determination of Fair Market Value. For purposes of this Section 10.2, “fair market value” of a share of Common Stock Share as of a particular date (the “Determination Date”) shall mean:

Appears in 2 contracts

Samples: Mohawk Group Holdings, Inc., Mohawk Group Holdings, Inc.

Determination of Fair Market Value. For purposes of this Section 10.210.3, "fair market value" of a share of Common Capital Stock as of a particular date (the “Determination Date”"DETERMINATION DATE") shall mean:

Appears in 2 contracts

Samples: Registration Rights Agreement (Virologic Inc), Registration Rights Agreement (Virologic Inc)

Determination of Fair Market Value. For purposes of this Section 10.22(b), “fair market value” of a share of Common Stock as of a particular date (the Determination Date”) shall mean:

Appears in 1 contract

Samples: Bakbone Software Inc

Determination of Fair Market Value. For purposes of this ---------------------------------- Section 10.2(l), fair market value” value of a share of Common Stock as of a particular date (the "Determination Date") shall mean:be determined in accordance with Section (c) of this Warrant."

Appears in 1 contract

Samples: Onesoft Corp

Determination of Fair Market Value. For purposes of this Section 10.2Paragraph 10.3, fair market value” value of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Tanox Inc

Determination of Fair Market Value. For purposes of this Section 10.2, "fair market value" of a share of Common Stock of the Company or a share of common stock of another corporation as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Stockholders Agreement (DSL Net Inc)

Determination of Fair Market Value. For purposes of Section 1 and this Section 10.22, fair market value” value of a share of Common Stock as of a particular date (on the “Determination Date”) Conversion Date shall mean:

Appears in 1 contract

Samples: Nanogen Inc

Determination of Fair Market Value. For purposes of this Section 10.22.4(c), "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Dyntek Inc

Determination of Fair Market Value. For purposes of this Section 10.2---------------------------------- 7, fair market value” value of a share of Common Stock as of a particular date (the "Determination Date") shall mean:: -------------------

Appears in 1 contract

Samples: Total Sports Inc

Determination of Fair Market Value. For purposes of this Section 10.2(j), “fair current market value” value of a share of Common Stock as of a particular date (the "Determination Date") shall mean:be determined in accordance with Section (c) of this Warrant.

Appears in 1 contract

Samples: Subscription Agreement (Cel Sci Corp)

Determination of Fair Market Value. For purposes of this Section 10.2Warrant, “fair market value” of a share of Common Stock an Ordinary Share as of a particular date (the “Determination Date”) shall mean:):

Appears in 1 contract

Samples: Securities Purchase Agreement (Asat Holdings LTD)

Determination of Fair Market Value. For purposes of this ---------------------------------- Section 10.210.3, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Loan Agrloan and Security Agreement (Pilot Network Services Inc)

Determination of Fair Market Value. For purposes of this ---------------------------------- Section 10.27, fair market value” value of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Visual Numerics Inc

Determination of Fair Market Value. For purposes of this Section 10.211.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 1 contract

Samples: Titan Pharmaceuticals Inc

Determination of Fair Market Value. For purposes of this Section 10.210.3, "fair market value" of a share of Common Capital Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Virologic Inc

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Determination of Fair Market Value. For purposes of this Section 10.21.4, “fair "Fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Intellect Neurosciences, Inc.

Determination of Fair Market Value. For purposes of this Section 10.21.5, "fair market value" of a share of Common Warrant Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: TNX Television Holdings Inc

Determination of Fair Market Value. For purposes of this Section 10.210.3, "fair market value" of a share of Common Stock Stock, as applicable, as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Airgate Wireless Inc

Determination of Fair Market Value. For purposes of this Section 10.2, “fair market value” of a share of Common Stock Series Preferred as of a particular date (the “Determination Date”) shall mean:

Appears in 1 contract

Samples: Authentec Inc

Determination of Fair Market Value. For purposes of this Section 10.2Agreement, "fair market value" of a share of Common Stock as of a particular date (the “Determination Date”"DETERMINATION DATE") shall mean:

Appears in 1 contract

Samples: Harbor Business Acquisition Corp.

Determination of Fair Market Value. For purposes of this Section 10.28.2, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Zapme Corp

Determination of Fair Market Value. For purposes of this Section 10.2---------------------------------- 9, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Zhone Technologies Inc

Determination of Fair Market Value. For purposes of this Section 10.2Warrant, “fair market value” of a one (1) share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 1 contract

Samples: Vallon Pharmaceuticals, Inc.

Determination of Fair Market Value. For purposes of this Section 10.2Warrant, “fair market value” of a share of Common Stock an Ordinary Share as of a particular date (the “Determination Date”) shall mean:):

Appears in 1 contract

Samples: Warrant Agreement (Asat Holdings LTD)

Determination of Fair Market Value. For purposes of this Section 10.29.1, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Integrated Packaging Assembly Corp

Determination of Fair Market Value. For purposes of this Section 10.21.4, “fair market value” of a share of Common Warrant Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 1 contract

Samples: assets2.flashfunders.com

Determination of Fair Market Value. For purposes of this Section 10.2, ---------------------------------- "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Xenogen Corp

Determination of Fair Market Value. For purposes of this Section 10.2, "fair market value" of a share of Common Stock as of a particular date (the “Determination "DETERMINATION Date") shall mean:

Appears in 1 contract

Samples: Ista Pharmaceuticals Inc

Determination of Fair Market Value. For purposes of this Section 10.21(b), “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 1 contract

Samples: Pure Bioscience, Inc.

Determination of Fair Market Value. For purposes of this Section 10.210, "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Warrant Purchase Agreement (Atpos Com Inc)

Determination of Fair Market Value. For purposes of this Section 10.21.5, “fair market value” "FAIR MARKET VALUE" of a share of Common Warrant Stock as of a particular date (the “Determination Date”"DETERMINATION DATE") shall mean:

Appears in 1 contract

Samples: Mediavest, Inc.

Determination of Fair Market Value. For purposes of this Section 10.2Warrant, “fair market value” of a share of Common Stock an Ordinary Shares as of a particular date (the “Determination Date”) shall mean:):

Appears in 1 contract

Samples: Purchase Money Loan Agreement (Asat Holdings LTD)

Determination of Fair Market Value. For purposes of this Section 10.27, “fair market value” of a one share of Common Stock as of a particular date (the “Determination Date”) shall meanbe determined as follows:

Appears in 1 contract

Samples: Registration Rights Agreement (IMMS, Inc.)

Determination of Fair Market Value. For purposes of this Section 10.29.1, ---------------------------------- "fair market value" of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Integrated Packaging Assembly Corp

Determination of Fair Market Value. For purposes of this Section 10.29(d), “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 1 contract

Samples: Solyndra, Inc.

Determination of Fair Market Value. For purposes of this Section 10.2Section, fair market value” value of a one share of Common Stock as of a particular date (the "Determination Date") shall mean:

Appears in 1 contract

Samples: Qualmark Corp

Determination of Fair Market Value. For purposes of this Section 10.2Agreement, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

Appears in 1 contract

Samples: TransTech Services Partners Inc.

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