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This excerpt taken from the AKS 8-K filed Oct 22, 2008. Fair Market Value” shall
mean:
(i) if
the Shares are traded on an established United States national stock exchange or
in the United States over-the-counter market with prices reported on the NASDAQ,
the average of the highest and lowest sales prices for Shares on the relevant
date (or, if there were no sales of Shares on such date, the weighted average of
the mean between the highest and lowest sale prices for Shares on the nearest
preceding trading day on which there were sales of Shares); and
(ii) if
the Shares are not traded as described in clause (i), the fair market value of
such Shares on the relevant date, as determined in good faith by the
Board.
(q) “ |
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