(iv) The consummation of a complete dissolution or liquidation of the Company.
D. Class A Stock shall mean the Companys Class A Common Stock, $0.001 par value.
E. Code shall mean the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder.
F. Corporate Affiliate shall mean any parent or subsidiary corporation of the Corporation (as determined in accordance with Code Section 424), whether now existing or subsequently established.
G. Effective Date shall mean the date upon which the registration statement on Form S-8 that is filed by the Company following stockholder approval in accordance with applicable state law, the Companys bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. Any Corporate Affiliate that becomes a Participating Corporation after such Effective Date shall have a subsequent Effective Date with respect to its employee-Participants as determined in accordance with Section V.C of the Plan.
H. Eligible Employee shall mean any person who is employed by a Participating Corporation and, unless otherwise mandated by local law, such person is employed on a basis under which he or she is regularly expected to render more than twenty (20) hours of service per week for more than five (5) months per calendar year for earnings that are considered wages under Code Section 3401(a); provided, however, that the Plan Administrator may, prior to the start of the applicable offering period, waive one or both of the twenty (20) hour and five (5) month service requirements.
I. Entry Date shall mean the date an Eligible Employee first commences participation in the offering period in effect under the Plan.
J. Exchange Act shall mean the Securities Exchange Act of 1934, as amended.
K. Fair Market Value shall mean:
i. For so long as the Class A Stock is publicly traded, the Fair Market Value per share shall be determined as follows: (A) if the principal trading market for the Class A Stock is a national securities exchange, the closing sales price during regular trading hours on the relevant date or, if there were no trades on that date, the latest preceding date upon which a sale was reported, or (B) if the Class A Stock is not principally traded on any such exchange, the last reported sale price of a share of Class A Stock during regular trading hours on the relevant date, as reported by the OTC Bulletin Board.