Common use of Quoted Price Clause in Contracts

Quoted Price. The term "Quoted Price" with respect to either the Common Stock or Series A Preferred Stock, shall mean the last reported sales price of the applicable security as reported by the National Association of Securities Dealers, Inc., Automatic Quotations System, National Market System, or, if the applicable security is listed or admitted for trading on a securities exchange, the last reported sales price of the applicable security on the principle exchange on which the applicable security is listed or admitted for trading (which shall be consolidated trading if applicable to such exchange), or if neither so reported or listed or admitted for trading, the last reported bid price of the applicable security in the over-the-countermarket or the Conversion Price. In the event that the Quoted Price cannot be determined as aforesaid, the Board of Directors of the Corporation shall determine the Quoted Price in such a manner as it in good faith considers appropriate. Such determination may be challenged in good faith by a majority of holders of shares of Series A Preferred Stock, and any dispute shall be resolved at the Corporation's cost, by an investment banking firm of recognized national standing selected by the Corporation and acceptable to such holders of Series A Preferred Stock and shall be made in good faith and be conclusive absent manifest error.

Quoted Price. The term "Quoted Price" with respect to either the Common Stock or Series A Preferred Stock, shall mean the last reported sales price of the applicable security as reported by the National Association of Securities Dealers, Inc., Automatic Quotations System, National Market System, or, or if the applicable security is listed or admitted for trading on a securities exchange, the last reported sales price of the applicable security on the principle exchange on which the applicable security is listed or admitted for trading (which shall be consolidated trading if applicable to such exchange), or if neither so reported or listed or admitted for trading, the last reported bid price of the applicable security in the over-the-countermarket counter market or the Conversion Price. In the event that the Quoted Price cannot be determined as aforesaid, the Board of Directors of the Corporation shall determine the Quoted Price in such a manner as it in good faith considers appropriate. Such determination may be challenged in good faith by a majority of holders of shares of Series A Preferred Stock, and any dispute shall be resolved at the Corporation's cost, by an investment banking firm of recognized national standing selected by the Corporation and acceptable to such holders of Series A Preferred Stock and shall be made in good faith and be conclusive absent manifest error.