Instrument Price Sample Clauses

Instrument Price. SpectRx's price to Healthdyne for the Instrument (excluding Disposables) delivered in accordance with this Agreement shall be [*] each. In addition, Healthdyne agrees to pay [*] of the Royalty due and payable to M.D. Andexxxx, [*] of the Net Selling Price for the Instrument all as set forth in the Sub-license Agreement set forth in Exhibit D-1 hereto. All prices are F.O.B. SpectRx's shipping dock. Should SpectRx's or Healthdyne's respective Gross Margin for the sale of Instruments ever fall below [*] for [*] consecutive quarters, then Healthdyne and SpectRx will renegotiate transfer pricing for the Instrument in good faith. If SpectRx's or Healthdyne's Gross Margin for the sale of Instruments ever exceed [*] for [*] consecutive quarters, then Healthdyne and SpectRx will renegotiate transfer pricing for the Instrument in good faith. In the event that Healthdyne becomes entitled to make the Instruments, SpectRx will receive a Royalty equal to the difference between the [*] then in effect and Healthdyne's [*] for manufacturing the Instrument. In the event that the difference between the transfer price then in effect and Healthdyne's Cost of Goods Sold is a negative number (i.e. Healthdyne's Cost of Goods Sold exceed the then existing transfer price), there will be no amount payable to SpectRx. [*] following Healthdyne's commencement of making a Licensed Product, SpectRx's total compensation will be revised to a [*] Royalty on Healthdyne's Net Selling Price. [*] following Healthdyne's commencement of making a Licensed Product, SpectRx's total compensation will be reduced to a [*] Royalty on Healthdyne's Net Selling Price. [*] following Healthdyne's commencement of making a Licensed Product and thereafter for the remaining term of the Agreement, SpectRx's total compensation will be reduced to a [*] royalty on Healthdyne's Net Selling Price.
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Related to Instrument Price

  • Settlement Price For any Valuation Date, the per Share volume-weighted average price as displayed under the heading “Bloomberg VWAP” on Bloomberg page NVRO <equity> AQR (or any successor thereto) in respect of the period from the scheduled opening time of the Exchange to the Scheduled Closing Time on such Valuation Date (or if such volume-weighted average price is unavailable, the market value of one Share on such Valuation Date, as determined by the Calculation Agent). Notwithstanding the foregoing, if (i) any Expiration Date is a Disrupted Day and (ii) the Calculation Agent determines that such Expiration Date shall be an Expiration Date for fewer than the Daily Number of Warrants, as described above, then the Settlement Price for the relevant Valuation Date shall be the volume-weighted average price per Share on such Valuation Date on the Exchange, as determined by the Calculation Agent based on such sources as it deems appropriate using a volume-weighted methodology, for the portion of such Valuation Date for which the Calculation Agent determines there is no Market Disruption Event.

  • Relevant Price On any Valid Day, the per Share volume-weighted average price as displayed under the heading “Bloomberg VWAP” on Bloomberg page W <equity> AQR (or its equivalent successor if such page is not available) in respect of the period from the scheduled opening time of the Exchange to the Scheduled Closing Time of the Exchange on such Valid Day (or if such volume-weighted average price is unavailable at such time, the market value of one Share on such Valid Day, as determined by the Calculation Agent using, if practicable, a volume-weighted average method). The Relevant Price will be determined without regard to after-hours trading or any other trading outside of the regular trading session trading hours.

  • Closing Price Closing Price shall mean the last reported market price for one share of Common Stock, regular way, on the New York Stock Exchange (or any successor exchange or stock market on which such last reported market price is reported) on the day in question. If the exchange is closed on the day on which the Closing Price is to be determined or if there were no sales reported on such date, the Closing Price shall be computed as of the last date preceding such date on which the exchange was open and a sale was reported.

  • Payment of the Purchase Price The Purchase Price shall be paid as follows:

  • Payment of Warrant Exercise Price The holder shall pay the Aggregate Exercise Price of $______________ to the Company in accordance with the terms of the Warrant.

  • Payment of Exercise Price In the event that the holder has elected a Cash Exercise with respect to some or all of the Warrant Shares to be issued pursuant hereto, the holder shall pay the Aggregate Exercise Price in the sum of $___________________ to the Company in accordance with the terms of the Warrant.

  • Adjustment of Warrant Price The price at which such shares of Warrant Stock may be purchased upon exercise of this Warrant shall be subject to adjustment from time to time as set forth in this Section 4. The Issuer shall give the Holder notice of any event described below which requires an adjustment pursuant to this Section 4 in accordance with the notice provisions set forth in Section 5.

  • Sale Price (a) As consideration for the sale of the CEF Assets pursuant to Section 2.1 hereof, the Purchaser shall pay to the applicable Seller on the Closing Date, the CEF Purchase Price for the CEF Assets sold and transferred by such Seller to the Purchaser on the Closing Date. The CEF Purchase Price for the sale of CEF Assets shall be an amount equal to the fair market value thereof as agreed upon by the Purchaser and the applicable Seller prior to such sale.

  • Put Price (a) The purchase price (i) for Unilever Shares purchased by the Company pursuant to this Agreement shall be equal to the total of (A) the Fair Market Value of such Shares, plus (B) any accrued interest and adjustments pursuant to subsection (b) of this Section 8.2 (collectively, the “Share Price”), and (ii) for Put Notes shall be equal to the Accreted Value thereof on the applicable Put Closing Date, without any payment of premium or penalty, including any premium or penalty that may be provided for in the Put Notes or the Note Indenture (collectively with the Share Price, but subject to subsection (b) of this Section 8.2, the “Put Price”).

  • Base Price The Base Price of the SARs is [ ] (subject to any adjustment under Section 9 of the Plan).

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