Minimum Participation Level. To the extent a Holder has Registrable Securities included in an effective Shelf Registration Statement, such Holder may not exercise its piggyback or participation rights pursuant to this Section 4 unless such Holder requests the inclusion of Registrable Securities in the applicable registration or underwritten offering with a gross anticipated offering price that is equal to or greater than ten million dollars ($10,000,000), unless the Holder’s remaining Registrable Securities have a value less than such ten million dollar ($10,000,000) limit, in which case such Holder may make a single and final request with respect to its remaining Registrable Securities.
Minimum Participation Level. The Committee shall establish a minimum participation level in order for the Program to become effective. The Memorandum shall not be binding upon any Member unless the minimum level of participation is reached to begin the Program. This Memorandum shall remain in force should the participation level subsequently fall below the minimum established by the Committee.
Minimum Participation Level. The Philips Defendants shall have the option, in their sole discretion, to terminate the Settlement if the following Participation Level threshold is not met (a “Termination Right”): Overall Participation Level. 95% of Eligible Claimants become Registered Claimants per the formula in Section 5.1.
Minimum Participation Level. At the start of each Plan Year during the term of this Agreement, Fishers shall have a minimum of 75% of its total eligible employees enrolled in the HMO Contract. In calculating this percentage, employees who opt out due to having coverage elsewhere will not be included.
