Percentage Limitation. Any Holder may notify the Company in writing immediately prior to becoming a Holder in the event such Holder elects not to be subject to the provisions contained in Section 2(d) of the form of Warrant Certificate. Unless the election is made by a Holder, the Warrant Agent shall not effect the exercise of any portion of the Holder’s Warrant, and the Holder shall not have the right to exercise any portion of its Warrant, pursuant to the terms and conditions of such Warrant and any such exercise shall be null and void and treated as if never made, to the extent that after giving effect to such exercise, the Holder and its affiliates and any other Persons whose beneficial ownership (calculated in accordance with Section 13(d) of the 0000 Xxx) of Common Stock would be aggregated with the Holder’s for purposes of Section 13(d) of the 1934 Act (collectively, the “Attribution Parties”), to the Warrant Agent’s knowledge, would beneficially own in excess of 4.99% (the “Maximum Percentage”) of the shares of Common Stock outstanding immediately after giving effect to such exercise. For purposes of the foregoing sentence, the aggregate number of shares of Common Stock beneficially owned by the Holder and the other Attribution Parties shall include the number of shares of Common Stock held by the Holder and all other Attribution Parties plus the number of shares of Common Stock issuable upon exercise of its Warrant with respect to which the determination of such sentence is being made, but shall exclude shares of Common Stock which would be issuable upon (A) exercise of the remaining, unexercised portion of the Warrant beneficially owned by the Holder or any of the other Attribution Parties and (B) exercise or conversion of the unexercised or unconverted portion of any other securities of the Company (including, without limitation, any convertible notes or convertible preferred stock or warrants, including other Warrants) beneficially owned by the Holder or any other Attribution Party subject to a limitation on conversion or exercise analogous to the limitation contained in this paragraph. Except as set forth in the preceding sentence, for purposes of this paragraph, beneficial ownership shall be calculated in accordance with Section 13(d) of the 1934 Act. For purposes of determining the number of outstanding shares of Common Stock the Holder may acquire upon the exercise of such Warrant without exceeding the Maximum Percentage, the Holder may rely on the number of outs...
Percentage Limitation. Lender shall have determined that the original principal amount of all Loans (after taking into consideration the making of the applicable Construction Credit Event requested), shall not exceed fifty-five percent (55%) of the Project Costs incurred as of such time.
Percentage Limitation. Percentage Limitation" shall have the meaning specified in Section 2.1 of the Agreement.
Percentage Limitation. In addition to the TIF Cap, CID Cap and the 50/50 Limitation, the parties hereby agree that upon completion of the Improvements and submittal of the final Certificate of Expenditures by Developer pursuant to Section 4.6 above, the TIF Cap shall be reduced if and to the extent that the TIF Eligible Expenses, including Interest reimbursed to Developer from the Project Area 1 TIF Fund, and CID Eligible Expenses shall be more than 23% of the total Project Costs (including the Private Funds therefor). In other words, if and to the extent that the TIF Eligible Expenses, including Interest, and CID Eligible Expenses combined shall be more than 23% of the total Project Costs, then Developer hereby agrees that the TIF Cap shall be proportionately reduced so that the TIF Eligible Expenses, including Interest, and CID Eligible Expenses reimbursed to Developer from the Project Area 1 TIF Fund and CID Fund shall not collectively be more than 23% of the total Project Costs.
Percentage Limitation. The Percentage Limitation means 100 percent of the Participant's Includible Compensation for the taxable year.
Percentage Limitation. Months Elapsed (relative to Hedge Contract effective date) Crude Oil Natural Gas Natural Gas Liquids Months 1-12 100 % 100 % 100 % Months 13-36 75 % 75 % 75 % Months 37-60 50 % 50 % 50 % Notwithstanding the foregoing, (A) put option contracts that are not related to corresponding calls, collars, swaps or basis swaps shall not be included in calculating such percentage thresholds and (B) with regard to a “costless collar” that involves the purchase of a put and the sale of a call for the same volumes, dates and commodities, only the volumes associated with the call will be included in calculating such percentage thresholds.
Percentage Limitation. The holder of this Warrant may not exercise this Warrant such that the number of shares of Warrant Stock to be received pursuant to such exercise aggregated with all other shares of Common Stock then owned by such holder beneficially or deemed beneficially owned by such holder would result in such holder owning 20% or more of all of such Common Stock as would be outstanding on such exercise date, as determined in accordance with Section 13(d) of the Exchange Act of 1934 and the rules and regulations promulgated thereunder; provided, however, that this Section 1(c) shall not apply to the exercise of this Warrant in connection with an Acquisition.
Percentage Limitation. See Section 2.2.
Percentage Limitation. 100 percent of the Participant’s Includible Compensation available to be contributed as Deferred Compensation for the taxable year.
