If the parties are unable to reach an agreement as provided for in § 47-1A-1434.2 , the court, upon application of any party, shall stay the proceedings under subdivision 47-1A-1430(2) and determine the fair value of the petitioner's shares as of the day before the date on which the petition under subdivision 47-1A-1430(2) was filed or as of such other date as the court deems appropriate under the circumstances. Source: SL 2005, ch 239 , § 341.