Common use of Fair Market Value Clause in Contracts

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 102 contracts

Samples: Astera Labs, Inc., Astera Labs, Inc., Loan and Security Agreement (Sientra, Inc.)

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Fair Market Value. If shares of the Company’s Common Stock is Class are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock the Class reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If shares of the Company’s Common Stock is Class are not then traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 102 contracts

Samples: Loan and Security Agreement (Owlet, Inc.), Purchase Stock (Velo3D, Inc.), Purchase Stock (Grove Collaborative Holdings, Inc.)

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 32 contracts

Samples: Subscription Agreement (Acura Pharmaceuticals, Inc), 89bio, Inc., Foghorn Therapeutics Inc.

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 18 contracts

Samples: Loan and Security Agreement (Tandem Diabetes Care Inc), Loan and Security Agreement (Tandem Diabetes Care Inc), Kura Oncology, Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value Fair Market Value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day trading day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value Fair Market Value of a Share in its reasonable good faith judgment.

Appears in 6 contracts

Samples: Nuvectra Corp, Nuvectra Corp, Nuvectra Corp

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is Common Stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 5 contracts

Samples: Purchase Stock (Vapotherm Inc), Vapotherm Inc, Vapotherm Inc

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the volume-weighted average closing price or last sale price of a share of Common Stock common stock reported for the ten (10) Business Day Days immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 5 contracts

Samples: Execution Version (Venus Concept Inc.), Loan and Security Agreement (Restoration Robotics, Inc.), Venus Concept Inc.

Fair Market Value. If the Company’s 's Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a "Trading Market"), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s 's Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 4 contracts

Samples: Zymergen Inc., Coinbase Global, Inc., Zymergen Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 4 contracts

Samples: LogicBio Therapeutics, Inc., Transenterix Inc., Tintri, Inc.

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value “Fair Market Value” of a Share shall be the closing price or last sale price of a share of Common Stock reported by the Trading Market for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the CompanyCompany in accordance with Section 1.1. If the Company’s Common Stock is not traded in on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgmentfaith.

Appears in 4 contracts

Samples: Funding Agreement (MEI Pharma, Inc.), Novation and Amendment Agreement (MEI Pharma, Inc.), Funding Agreement (Infinity Pharmaceuticals, Inc.)

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on in a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)public market, the fair market value of a each Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day business day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company (or in the instance where the Warrant is exercised immediately prior to the effectiveness of the Company’s initial public offering, the “price to public” per share price specified in the final prospectus relating to such offering). If the Company’s Common Stock common stock is not traded in a Trading Marketpublic market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 4 contracts

Samples: TRIA Beauty, Inc., TRIA Beauty, Inc., St. Bernard Software, Inc.

Fair Market Value. If shares of the Company’s Common Stock is Class are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a "Trading Market"), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock the Class reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If shares of the Company’s Common Stock is Class are not then traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 4 contracts

Samples: Outbrain Inc., Justworks, Inc., Quantenna Communications Inc

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on in a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter public market (a “Trading Market”)and the shares are common stock, the fair market value of a each Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day business day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company (or in the instance where the Warrant is exercised immediately prior to the effectiveness of the Company’s initial public offering, the “price to public” per share price specified in the final prospectus relating to such offering). If the Company’s Common Stock common stock is not traded in a Trading Marketpublic market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 3 contracts

Samples: Warrant to Purchase Stock (Salmedix Inc), Warrant to Purchase Stock (Salmedix Inc), Purchase Stock (Volcano CORP)

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on in a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter public market (a “Trading Market”)and the Shares are common stock, the fair market value of a each Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day business day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company (or in the instance where the Warrant is exercised immediately prior to the effectiveness of the Company’s initial public offering, the “price to public” per share price specified in the final prospectus relating to such offering). If the Company’s Common Stock common stock is not traded in a Trading Marketpublic market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 3 contracts

Samples: Tubemogul Inc, Cornerstone OnDemand Inc, Cornerstone OnDemand Inc

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on in a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter public market (a “Trading Market”), the fair market value of a each Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day business day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company (or in the instance where the Warrant is exercised immediately prior to the effectiveness of the Company’s initial public offering, the “price to public” per share price specified in the final prospectus relating to such offering). If the Company’s Common Stock common stock is not traded in a Trading Marketpublic market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 3 contracts

Samples: Impinj Inc, Impinj Inc, Impinj Inc

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized United States national securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price VWAP (as defined below) of a share of the Common Stock reported for on the Business Trading Day (as defined below) immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 3 contracts

Samples: Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.), Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.), Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.)

Fair Market Value. If the Company’s common stock, par value $0.001 per share, of the Company (“Common Stock Stock”) is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value “Fair Market Value” of a one Share shall be is the closing price or last sale price of a one share of Common Stock reported for the Business Day (as defined below) immediately before the date on which Holder delivers to the Company this Warrant Warrant, together with its Notice of Exercise to the CompanyExercise. If the Company’s Common Stock is not traded in on a Trading Market, the Board “Fair Market Value” of Directors one Share shall be as determined by the Company’s board of the Company shall determine the fair market value of a Share directors in its reasonable good faith judgment.

Appears in 3 contracts

Samples: Related Agreement (Vitro Biopharma, Inc.), Vitro Biopharma, Inc., Vitro Biopharma, Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Silverback Therapeutics, Inc., Silverback Therapeutics, Inc.

Fair Market Value. If shares of the Company’s Common Stock is Class are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock the Class reported for the Business Day business day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If shares of the Company’s Common Stock is Class are not then traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Vericel Corp, Vericel Corp

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Equity Line Agreement (Senseonics Holdings, Inc.), Senseonics Holdings, Inc.

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in or quoted on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Rockwell Medical, Inc., Rockwell Medical, Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Remitly Global, Inc., Remitly Global, Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Warrant Exercise Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Warrant Agreement (Spire Global, Inc.), Warrant Agreement (Spire Global, Inc.)

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not then traded in or quoted on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Sienna Biopharmaceuticals, Inc., Sienna Biopharmaceuticals, Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Remitly Global, Inc., Remitly Global, Inc.

Fair Market Value. If the Company’s Common Stock is Shares are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Common Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is Shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Common Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Decipher Biosciences, Inc., Decipher Biosciences, Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on in a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)public market, the fair market value of a each Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day business day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company (or in the instance where the Warrant is exercised immediately prior to the effectiveness of the Company’s initial public offering, the “price to public” per share price specified in the final prospectus relating to such offering). If the Company’s Common Stock is not traded in a Trading Marketpublic market, then the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Northern Star Acquisition Corp., Northern Star Acquisition Corp.

Fair Market Value. If the Company’s Common Preferred Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Preferred Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Preferred Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Axonics Modulation Technologies, Inc., Axonics Modulation Technologies, Inc.

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Fair Market Value. If the Company’s Common Stock is Ordinary Shares are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share an Ordinary Share of Common Stock the Company reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is Ordinary Shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Iterum Therapeutics PLC, Iterum Therapeutics PLC

Fair Market Value. If the Company’s Common Stock is common shares are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a common share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is common shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Sophiris Bio Inc., Sophiris Bio Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 2 contracts

Samples: Celcuity Inc., Bionano Genomics, Inc

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment, such determination to be subject to Section 2.5(a) or Section 2.5(b), as applicable.

Appears in 1 contract

Samples: Xeris Biopharma Holdings, Inc.

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), ) then the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Invitae Corp

Fair Market Value. If the Company’s Common Stock is Shares are then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock Share reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is Shares are not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Sophiris Bio Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in or quoted on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Codexis, Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.. ​

Appears in 1 contract

Samples: Everspin Technologies Inc

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise Exercise/Exchange to the CompanyCompany (the “Fair Market Value”). If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Growth Capital Acquisition Corp.

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Omeros Corp

Fair Market Value. If the Class of the Company’s Common Stock capital stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Class of the Company’s Common Stock capital stock is not then traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Imprimis Pharmaceuticals, Inc.

Fair Market Value. If the Company’s Class B Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of the Class B Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Class B Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Domo, Inc.

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is Common Stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise Exercise/Exchange to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Supernova Partners Acquisition Co II, Ltd.

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise Exercise/Exchange to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Zosano Pharma Corp

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Spectrum Pharmaceuticals Inc

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”)) and the Class is common stock, the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in on a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: NephroGenex, Inc.

Fair Market Value. If the Company’s Common Stock common stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), ) the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock common stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock common stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.

Appears in 1 contract

Samples: Hyperion Therapeutics Inc

Fair Market Value. If the Company’s Common Stock is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market (a “Trading Market”), the fair market value of a Share shall be the closing price or last sale price of a share of Common Stock reported for the Business Day immediately before the date on which Holder delivers this Warrant together with its Notice of Exercise to the Company. If the Company’s Common Stock is not traded in a Trading Market, the Board of Directors of the Company shall determine the fair market value of a Share in its reasonable good faith judgment.. 1.4

Appears in 1 contract

Samples: Alpine Immune Sciences, Inc.

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