Determination of Exercise Price. The per share purchase price (the "Exercise Price") for each of the Warrant Shares purchasable under this Warrant shall be equal to One Dollar and Thirty Five Cents ($1.35).
Determination of Exercise Price. The per share purchase price (the "Exercise Price") for each of the Warrant Shares purchasable under this Warrant shall be equal to Ten Cents ($0.10).
Determination of Exercise Price. Prior to the Final Measurement Date, a majority in interest of the Original Holders shall retain, at Buyer's expense, a nationally recognized investment banking firm with significant experience in the equity derivatives market (reasonably acceptable to Buyer) to determine the revised aggregate number of shares issuable upon exercise of the Warrants such that, in the written opinion of such investment banking firm rendered within 15 days after the Final Measurement Date, on the Final Measurement Date, the Warrants issued to the Original Holders and their Permitted Transferees would have an aggregate value, based upon the assumptions set forth on Exhibit A, equal to the Warrant Value Amount. Within two (2) Business Days after the determination of the Warrant Value Amount, Buyer shall notify each Warrant holder of the Warrant Value Amount and such holder of its Total Warrant Value and contemporaneously, such investment bank shall provide to Buyer and holder a copy of its opinion and of its standing bid, each as described in Exhibit A.
Determination of Exercise Price. The Exercise Price for each of the Shares issuable upon exercise of this Warrant shall be:
i. if the Warrant is exercised within eighteen (18) months from the Issuance Date, the Exercise Price shall be $0.43 per Share; or
ii. if the Warrant is exercised after eighteen (18) months from the Issuance Date and prior to the Termination Date, the Exercise Price shall be $[•] per Share.
Determination of Exercise Price. (a) If, for the fifteen (15) month period commencing on April 1, 2021 and ending June 30, 2022 (the “Measurement Period”), the total revenue of the Company is at least [***] (the “Target Revenue”) and the EBITDA Margin for the Company is at least [***] (the “Target EBITDA Margin”) (each, as determined as of the end of the Measurement Period based on the relevant quarterly and annual financial statements of the Company delivered to Inpixon under Section 6.11 of the Acquisition Agreement, a “Performance Target”), then the Purchase Option Exercise Price shall not be subject to adjustment, and the amount of the Purchase Option Exercise Price shall be binding and conclusive as the Final Exercise Price. As used herein, “EBITDA Margin” means, for any given period, the Company’s earnings before interest, taxes, depreciation and amortization over such period, divided by the Company’s total revenue for such period.
Determination of Exercise Price. 17 11.2.2 Value Determined by Appraisal...............................................18 11.2.4 Closing of Purchase and Sale................................................18 11.2.5 Liabilities.................................................................19 11.2.6 Withdrawal of CBM...........................................................19 Section 11.3 Agreements with Transferees.................................................19 Section 11.4
Determination of Exercise Price. The price payable by CNL to CBM in consideration of the sale and transfer of CBM's entire Interest to CNL (the "Exercise Price") shall be an amount equal to eleven percent (11%) of the lesser of (a) an amount equal to the product of (i) eight and one-half (8.5), multiplied by (ii) the Net House Profit (as hereinafter defined) for the Property during the thirteen (13) consecutive full Accounting Periods immediately preceding the Accounting Period in which the Exercise Notice is given, and (b) the Appraised Fair Market Value as determined in accordance with Section 11.2.3.
Determination of Exercise Price. The per share purchase price (the "Exercise Price") for each of the Warrant Shares purchasable under this Warrant shall be equal to 92 cents ($0.92); provided, however, that if the Company, on or before March 1, 1999, (i) consummates a merger with the Park Group, Ltd. (the "Proposed Park Group Merger"), or (ii) consummates another transaction, pursuant to which a class of equity securities of the Company or its successor becomes registered under Section 12 of the Securities Act of 1933 and the Company becomes obligated to file periodic reports under Section 13 of the Securities Exchange Act of 1934 (which transactions, together with the Proposed Park Group Merger, are sometimes referred to herein as a "Qualifying Transaction"), the Exercise Price for each of the Warrant Shares purchasable under this Warrant shall be equal $4.0 million divided by the number of Shares outstanding after completion of the Qualifying Transaction.
Determination of Exercise Price. At any time within ninety (90) days of the date of the occurrence of the Exercise Event, ETR (or its Permitted Transferee) may notify the Company and Enexus (or its Permitted Transferee) in writing setting out the Exercise Event and stating that it requires that the First Exercise Price or the Second Exercise Price (as the case may be) be determined (“Appraisal Notice”), the Members agreeing that either Exercise Price is a price reflecting fair market value. Upon issue of the Appraisal Notice:
(i) the Members must promptly meet and seek to agree on the First Exercise Price or the Second Exercise Price (as the case may be); and
(ii) if, within thirty (30) days of the date on which the Appraisal Notice is issued the Members have not agreed on the relevant exercise price (“Discussion Period”), the Members must appoint an independent third party financial advisor (“Expert”) to determine the First Exercise Price or the Second Exercise Price (as the case may be) according to Exhibit C. If the Members cannot agree on the identity of the Expert within fourteen (14) days of the expiry of the Discussion Period, the Chairman shall select an internationally recognized accounting firm that has not provided auditing services to any Member or the JV Group within the last twelve (12) months and is not engaged or reasonably likely to be engaged to provide auditing services to any Member or the JV Group in the next three (3) months, to be the Expert. The Expert shall be instructed to:
(iii) accept submissions from each Member made within fourteen (14) days of the date of the appointment of the Expert;
(iv) determine the relevant Exercise Price in accordance with the valuation procedures set forth in Exhibit C; and
(v) issue to each Member and the Company a certificate specifying the relevant exercise price determined by the Expert as soon as practicable and in any event within thirty (30) days following its appointment. The Members agree that the decision of the Expert, as detailed in the certificate provided under Section 9.06(e)(v), is final and binding on each of them in the absence of fraud or manifest error. The Members shall bear the costs of the Expert equally and promptly provide all information and assistance reasonably requested by the Expert.
Determination of Exercise Price. The Exercise Price shall initially equal 115% of the Market Price (as defined in Section 5(j) hereof) in effect on the date of initial issuance of this Warrant (the "Issue Date") and shall be subject to adjustment as provided in Section 5 hereof.
