Participation Level. The Participation Level is the percentage of Eligible Claimants who become Registered Claimants. The Participation Level shall be equal to (Number of Registered Claimants + Number of Eligible Claimants who do not become Registered Claimants but whose claims are dismissed with prejudice) / (Number of Eligible Claimants – Number of Disengaged Claimants) * 100. Deficient Claimants and Ineligible Claimants are neither Eligible Claimants nor Registered Claimants and are not included as part of the Participation Level calculation. Any Registration submissions that are materially incorrect or fraudulent will not be considered in the Participation Level calculations. Eligible Claimants who are unable to execute a release as a result of bankruptcy or death shall count as Registered Claimants if:
Participation Level. A BVWACS Party’s share of the capacity of the BVWACS is based on the participation levels stated in Exhibit A, as may be amended, and as described in Section
Participation Level. The BVWACS Party’s share of the Capital Costs for Infrastructure and Improvements to the BVWACS and the BVWACS Party’s participation level as stated in Exhibit A, if and as amended as described in Section 9.B.;
Participation Level. Warrant Holders representing at least 92% of the aggregate number of shares of Common Stock issuable upon exercise of all of the Warrants outstanding as of the Closing Date have executed this Agreement and agreed to exercise 100% of their Warrants pursuant to the terms hereof.
