MAXIMUM DILUTION Sample Clauses

MAXIMUM DILUTION. The Borrower will not permit its Receivables to suffer a dilution at any time resulting from bad debts, credit memos, returned merchandise or any other reason or any combination thereof (other than payment) in an amount greater than five (5%) percent of the Borrower's sales.
Sample 1
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MAXIMUM DILUTION. The dilution of TMRC shall not fall below a 3% Interest in the Company (the “Minimum Percentage Interest”). Upon the contribution by USARE of a Shortfall Amount which otherwise would result in a dilution of TMRC below the Minimum Percentage Interest, USARE will receive a priority distribution of Available Cash, in addition to a distribution of Available Cash to which USARE otherwise is entitled to receive as a result of its proportionate additional Capital Contribution pursuant to the applicable Joint Funding request, up to the Shortfall Amount that would have resulted in TMRC’s Interest being further diluted but for the Minimum Percentage Interest (the “Priority Distribution”). To the extent that there is insufficient Available Cash to distribute all or a portion of the Priority Distribution to USARE, such unpaid Priority Distribution shall accrue until such time as there is Available Cash, and in the case of a liquidation event, any unpaid Priority Distributions will be paid out in accordance with Section 7.2. The Priority Distribution will continue until USARE has been reimbursed for its contribution of the Shortfall Amount that would have resulted in TMRC having an interest below the Minimum Percentage Interest, after which time the Members shall receive distributions of Available Cash pro rata in proportion to their respective Interests, subject to the Minimum Percentage Interest. Priority Distributions only shall be made from Available Cash.
Sample 1
MAXIMUM DILUTION. Unless the parties otherwise agree, at no time during the term of the joint venture shall the parties' combined equity interest in GSI fall below Fifty One percent (51%) as a result of dilution. GSI shall issue additional stock to each party to maintain the minimum equity stake in accordance with this antidilution provision on a quarterly basis, at the commencement of each calendar quarter
Sample 1
MAXIMUM DILUTION. At no time during the term of this Agreement shall the parties combined equity interest in Parmula fall below Fifty One percent (51%) as a result of dilution. Parmula shall issue additional stock to each party to maintain the minimum equity stake in accordance with this antidilution provision on a quarterly basis, at the commencement of each calendar quarter
Sample 1

Related to MAXIMUM DILUTION

  • Adjustment to Number of Shares Upon each adjustment of the Exercise Price, the number of Shares issuable upon exercise of the Warrant shall be increased to equal the quotient obtained by dividing (x) the product resulting from multiplying (i) the number of Shares issuable upon exercise of the Warrant, and (ii) the Exercise Price, in each case as in effect immediately before such adjustment by (y) the adjusted Exercise Price.

  • Adjustments to Number of Shares The number of shares of Common Stock subject to this Option shall be adjusted to take into account any stock splits, stock dividends, recapitalization of the Common Stock as provided in the Stock Option Plan.

  • Adjustment of Exercise Price, Number of Shares or Number of Rights The Exercise Price, the number and kind of shares or other property covered by each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 11.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Adjustment of Number of Shares Upon each adjustment in the Warrant Price, the number of Shares purchasable hereunder shall be adjusted, to the nearest whole share, to the product obtained by multiplying the number of Shares purchasable immediately prior to such adjustment in the Warrant Price by a fraction, the numerator of which shall be the Warrant Price immediately prior to such adjustment and the denominator of which shall be the Warrant Price immediately thereafter.

  • Maximum Drawing Amount The maximum aggregate amount that the beneficiaries may at any time draw under outstanding Letters of Credit, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit.

  • Maximum Credit Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.

  • Anti-Dilution If prior to the exercise of any option granted hereunder Optionor shall have effected one or more stock split-ups, stock dividends, or other increases or reductions of the number of Shares of its common stock outstanding without receiving compensation therefor in money, services or property, the number of Shares of common stock subject to the options hereby granted shall (a) if a net increase shall have been effected in the number of outstanding shares of Optionor's common stock, be proportionately increased and the cash consideration payable per Share shall be proportionately reduced; and (b) if a net reduction shall have been effected in the number of outstanding Shares of Optionor's common stock, be proportionately reduced and the cash consideration payable per Share be proportionately increased.

  • Adjustment of Purchase Price, Number of Shares or Number of Rights The Purchase Price, the number of Preferred Shares covered by each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 11.

  • Adjustments to Exercise Price; Number of Rights The Exercise Price, the number and kind of securities subject to purchase upon exercise of each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 2.3.

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