definiens: means ( a ) the then -current ten -trading day trailing average closing price of the Common Stock as reported on The Nasdaq Stock Market, divided by ( b ) the ten -trading day trailing average closing price of the Common Stock as reported on The Nasd aq Stock Market as of the Restatement Effective Date ; in each case as equitably adjusted for any stock splits, cash dividends, stock dividends, other distributions, combinations, recapitalizations and the like after the date of this Agreement ; provided, that in the event the LICENSEE is no longer listed on The Nasdaq Stock Market or another nationally -recognized exchange of similar standing, clause ( a ) of this definition shall instead be the value of the Common Stock of the LICENSEE as determined by a mutua lly agreeable third party valuation firm, which valuation shall occur every six months ( the fees and expenses of which shall be shared equally between the LICENSEE and MSK )