Common use of Amount Deemed Paid or Distributed Clause in Contracts

Amount Deemed Paid or Distributed. If the amount deemed paid or distributed under this Subsection 28.5(b) is made in property other than in cash, the value of such distribution shall be the fair market value of such property, determined as follows: (i) For securities not subject to investment letters or other similar restrictions on free marketability, (A) if traded on a securities exchange, the value shall be deemed to be the average of the closing prices of the securities on such exchange or market over the 20-day period ending three trading days prior to the closing of such transaction; (B) if actively traded over-the-counter, the value shall be deemed to be the average of the closing bid prices over the 30-day period ending three trading days prior to the closing of such transaction; or (C) if there is no active public market, the value shall be the fair market value thereof, as determined in good faith by the Board of Directors of the Company. (ii) For securities subject to investment letters or other similar restrictions on free marketability (other than restrictions arising solely by virtue of a shareholder’s status as an affiliate or former affiliate), the value shall be determined in good faith by the Board of Directors of the Company.

Amount Deemed Paid or Distributed. If the amount deemed paid or distributed under this Subsection 28.5(b) 3.3.3 is made in property other than in cash, the value of such distribution shall be the fair market value of such property, determined as follows: (ia) For securities not subject to investment letters or other similar restrictions on free marketability, (Ai) if traded on a securities exchange, the value shall be deemed to be the average of the closing prices of the securities on such exchange or market over the 20-thirty (30) day period ending three trading (3) days prior to the closing of such transaction; (Bii) if actively traded over-the-counter, the value shall be deemed to be the average of the closing bid prices over the thirty (30-) day period ending three trading (3) days prior to the closing of such transaction; or (Ciii) if there is no active public market, the value shall be the fair market value thereof, as determined in good faith by the Board of Directors of the CompanyCorporation. (iib) For The method of valuation of securities subject to investment letters or other similar restrictions on free marketability (other than restrictions arising solely by virtue of a shareholderstockholder’s status as an affiliate or former affiliate), the value ) shall be take into account an appropriate discount (as determined in good faith by the Board of Directors of the CompanyCorporation) from the market value as determined pursuant to clause (a) above so as to reflect the approximate fair market value thereof.

Amount Deemed Paid or Distributed. If the amount deemed paid or distributed under this Subsection 28.5(b29.5(b) is made in property other than in cash, the value of such distribution shall be the fair market value of such property, determined as follows: (i) For securities not subject to investment letters or other similar restrictions on free marketability, (A) if traded on a securities exchange, the value shall be deemed to be the average of the closing prices of the securities on such exchange or market over the 20-day period ending three trading days prior to the closing of such transaction; (B) if actively traded over-the-counter, the value shall be deemed to be the average of the closing bid prices over the 30-day period ending three trading days prior to the closing of such transaction; or (C) if there is no active public market, the value shall be the fair market value thereof, as determined in good faith by the Board of Directors of the Company. (ii) For securities subject to investment letters or other similar restrictions on free marketability (other than restrictions arising solely by virtue of a shareholder’s status as an affiliate or former affiliate), the value shall be determined in good faith by the Board of Directors of the Company.

Amount Deemed Paid or Distributed. If the amount deemed paid or distributed under this Subsection 28.5(b) Section 2.3 is made in property other than in cash, the value of such distribution shall will be the fair market value of such property, determined as follows: (ia) For securities not subject to investment letters or other similar restrictions on free marketability, (Ai) if traded on a securities exchangeexchange or the NASDAQ Stock Market, the value shall will be deemed to be the average of the closing prices of the securities on such exchange or market over the 2030-day period ending three trading days prior to the closing of such transaction; (Bii) if actively traded over-the-counter, the value shall will be deemed to be the average of the closing bid prices over the 30-day period ending three trading days prior to the closing of such transaction; or (Ciii) if there is no active public market, the value shall will be the fair market value thereof, as determined in good faith by the Board of Directors of the CompanyCorporation. (iib) For The method of valuation of securities subject to investment letters or other similar restrictions on free marketability (other than restrictions arising solely by virtue of a shareholderstockholder’s status as an affiliate or former affiliate), the value shall be ) will take into account an appropriate discount (as determined in good faith by the Board of Directors of the CompanyCorporation) from the market value as determined pursuant to clause (a) above so as to reflect the approximate fair market value thereof.