(m) Exchange Act shall mean the Securities Exchange Act of 1934, as amended.
(n) Exercise Date shall mean, for any Offering Period, the last day of the Offering Period.
(o) Fair Market Value shall mean, as of any date, the value of Common Stock determined as follows:
(i) If the Common Stock is listed on any established stock exchange or a national market system, including without limitation the New York Stock Exchange, Nasdaq Global Select Market, the Nasdaq Global Market or the Nasdaq Capital Market of the Nasdaq Stock Market, its Fair Market Value shall be the closing sales price for such stock (or the closing bid, if no sales were reported) as quoted on such exchange or system on the date of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable;
(ii) If the Common Stock is regularly quoted by a recognized securities dealer but selling prices are not reported, its Fair Market Value shall be the mean of the closing bid and asked prices for the Common Stock on the date of determination, as reported in The Wall Street Journal or such other source as the Board deems reliable; or
(iii) In the absence of an established market for the Common Stock, the Fair Market Value thereof shall be determined in good faith by the Board.
(iv) For purposes of this Plan, if the date as of which the Fair Market Value is to be determined is not a Trading Day, then solely for the purpose of determining Fair Market Value such date shall be: (A) in the case of the Offering Date, the first Trading Day following the Offering Date; and (B) in the case of the Exercise Date, the last Trading Day immediately preceding the Exercise Date.
(p) Offering Date shall mean, for any Offering Period, the first day of the Offering Period.
(q) Offering Periods shall mean the periods to be determined by the Board, and continuing thereafter until terminated in accordance with Section 20 of this Plan. The duration and timing of Offering Periods may be changed pursuant to Section 4 of this Plan.
(r) Parent shall mean a parent corporation, whether now or hereafter existing, as defined in Section 424(e) of the Code.
(s) Plan shall mean this 2020 Employee Stock Purchase Plan, which includes a Code Section 423(b) Plan and a Non-423(b) Component.