Initial Price. From the Effective Date until that date that is two one (21) Years from the WIC In-Service Date ("Initial Pricing Term"), and Month to Month thereafter until either Party makes the Renegotiation Election, Buyer shall pay a price per MMBtu determined in accordance with Appendix "1" (in each case, the "Contract Price"), determined on a dry basis, for Gas delivered each Month, equal to the following:
(a) From the Effective Date until the WIC In-Service Date, the price to be paid, as well as the quantity of Gas to be purchased shall be mutually agreed upon, fixed by the Parties on or before the last trading Day of the NYMEX contract for the delivery Month. If no price and quantity are agreed upon by such date, Seller's Gas shall be gathered during such Month under the Gathering Services Agreement.
(b) From and after the WIC In-Service Date the price per MMBtu of Gas purchased by Buyer and paid to Seller will be computed based upon the following: for volumes of Gas delivered hereunder each Day for up to eighty percent (80%) of Seller's First of the Month Scheduled Volume the price per MMBtu shall be equal to the Inside F.E.R.C. first of the Month "Index Price" for Colorado Interstate Gas Co. – Rocky Mountains minus $0.01 per MMBtu, less the Gathering Services Fee including fuel and shrinkage: for the remaining volume of Seller's Gas delivered hereunder each Day the price shall equal the Gas Daily Price for Rockies, CIG (North System) for each Day minus $0.02 per MMBtu, less the Gathering Services Fee including fuel and shrinkage. Seller has the option to adjust the percentage weighting of each pricing option listed above by providing Buyer seven (7) Business Days notice prior to the beginning of the delivery Month. If Buyer does not receive timely notification from Seller, the pricing mechanism shall default to the above percentage weightings. [Let’s discuss this concept, if necessary]. If one of the referenced index is not available in the future, and the Parties do not agree to an alternative as of the end of the first Month for which the price could not be determined, then the remaining referenced index will be used; provided however, if both of the referenced indices are not available in the future, and the Parties do not agree to an alternative as of the end of the first Month for which the price could not be determined, then this Agreement shall be terminated and the Gathering Services Agreement shall be controlling.
Initial Price. Equals the Redemption Price (the “Redemption Price”) as defined in Section 9.2(a) of the Second Amended and Restated Certificate of Incorporation, effective as of February 8, 2021, as amended from time to time (the “Certificate of Incorporation”).
Initial Price. The Company agrees to issue and sell to each of the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a purchase price of $8.00 per Unit ($7.36 net of discounts and commissions, and net of a non-accountable expense allowance of $.08 per Firm Unit) (the “Initial Price”), the number of Firm Units set forth opposite the name of such Underwriter under the column “Number of Firm Units to be Purchased” on Schedule I to this Agreement, subject to adjustment in accordance with Section 6 hereof.
Initial Price. On a Fiscal Year-by-Fiscal Year basis, Customer shall purchase each Product from Manufacturer at the Price for such Product for such Fiscal Year, as determined in accordance with the terms of this Section 3. The Price for each Product during the Initial Price Term (such Price, the “Initial Price” for such Product) is set forth in the Facility Addendum for such Product. Following the Initial Price Term, the Price of such Product may be adjusted only as set forth in Section 3.1(b) and Section 3.2.
Initial Price. The initial purchase prices for Corrugated Products shall be the prices as currently charged by Tenneco Packaging to the various Buyer Locations as of the date hereof, which prices were determined in a manner consistent with Tenneco Packaging's historical practices (without any rebates or year-end discounts). The initial price for new Corrugated Products shall be determined by Section 4.3 hereof. Except as adjusted in accordance with the terms of this Agreement, prices shall be firm during the Term.
Initial Price. $107.00, which equals the per share public offering price of the Common Stock in the Common Stock Offering. Threshold Appreciation Price: $131.075, which represents an appreciation of 22.5% over the initial price. Mandatory Conversion Date: The second business day immediately following the last trading day of the 20 consecutive trading day period beginning on, and including, the 21st scheduled trading day immediately preceding January 15, 2021. The mandatory conversion date is expected to be January 15, 2021. Conversion Rate: Upon conversion on the mandatory conversion date, the conversion rate for each share of the Mandatory Convertible Preferred Stock will be not more than 0.9345 shares of Common Stock (the “maximum conversion rate”) and not less than 0.7629 shares of Common Stock (the “minimum conversion rate”), depending on the applicable market value of the Common Stock, as described in, and subject to certain anti-dilution adjustments that are described in, the Mandatory Convertible Preferred Stock Preliminary Prospectus Supplement. The following table illustrates the conversion rate per share of the Mandatory Convertible Preferred Stock, subject to certain anti-dilution adjustments that are described in the Mandatory Convertible Preferred Stock Preliminary Prospectus Supplement. Greater than $131.075 (which is the threshold appreciation price) 0.7629 shares (approximately equal to $100.00 divided by the threshold appreciation price) Equal to or less than $131.075 but greater than or equal to $107.00 Between 0.7629 and 0.9345 shares, determined by dividing $100.00 by the applicable market value of the Common Stock Less than $107.00 (which is the initial price) 0.9345 shares (approximately equal to $100.00 divided by the initial price)
Initial Price. The Initial Price shall be adjusted by multiplying the Initial Price immediately prior to the occurrence of such event by a fraction equal to 1.0 over the Reorganization Adjustment Amount.
Initial Price. Except as otherwise provided in Section 7.2, Buyer shall pay Seller one hundred percent (100%) of the Initial Price for all Committed Gas delivered hereunder during any Month. "Initial Price" shall mean the Index Price, after any Index Price Adjustments and deduction of Costs of Delivery that reflects a market price for Gas of like quantities and quality at the Delivery Point. In the event more than one published index is listed on Exhibit A for use in determining the Index Price for Gas at a Delivery Point, then the Index Price will be calculated using an average of the published indices with appropriate Index Price Adjustments (hereinafter referred to as a "Basket Price").
Initial Price. The supply price for Feedstock (the “Supply Price”) shall be determined by the quantity of Feedstock to be purchased in a particular Calendar Year, as set out below and as adjusted in accordance with Section 2.02(2):
(a) […***…]
(b) […***…]
(c) […***…]
(d) […***…] All pricing set out herein is Ex Works ONC’s facility designated by ONC in its acknowledgement of each FX Order.
Initial Price. 1 Issuer. . . . . . . . . . . . . . . . . . . . . . . . . . .1
