WEIGHTED AVERAGE PRICE PROTECTION Sample Clauses

WEIGHTED AVERAGE PRICE PROTECTION. Subject to the last sentence of this Section 6(e)(iii), if the Corporation shall, in events other than as provided for in Sections 6(e)(i) and 6(e)(ii), issue Common Stock or rights or warrants entitling the holders thereof to subscribe for or to purchase shares of Common Stock at a price per share (the "Exercise Price") less than $22.50 (adjusted for the events described in Sections 6(e)(i) and 6(e)(ii) and this Section 6(e)(iii)), then, and in any such case, the number of shares of Common Stock into which each share of the PIK Preferred Stock shall be convertible shall be adjusted to equal the number of shares of Common Stock into which such share of PIK Preferred Stock was convertible immediately prior to the date of such issuance multiplied by a fraction of which (x) the numerator shall be the number of shares of Common Stock Deemed Outstanding at the close of business on the day immediately prior to such issuance plus the total number of shares of Common Stock (or Common Stock underlying such rights or warrants) so offered for subscription or purchase and (y) the denominator shall be the number of shares of Common Stock Deemed Outstanding at the close of business on the day immediately prior to such issuance plus the number of shares of Common Stock that the aggregate of the Exercise Price for the shares of Common Stock (or Common Stock underlying such rights or warrants) so offered for subscription or purchase could purchase at $22.50 per share (adjusted for the events set forth in Sections 6(e)(i) and 6(e)(ii) and this Section 6(e)(iii)), such adjustment to become effective immediately after the opening of business on the day following the date fixed for such determination. For the purpose of this Section 6(e)(iii), the number of shares of Common Stock Deemed Outstanding at any time shall not include shares held in the treasury of the Corporation but shall include shares underlying outstanding options and warrants and shares issuable upon the conversion of the PIK Preferred Stock into shares of Common Stock. Notwithstanding the foregoing, in no event shall any adjustment to the conversion ratio be made pursuant to this Section 6(e)(iii) in respect of (i) any issuance of options, rights or warrants in exchange for outstanding shares of Common Stock if such options, rights or warrants entitle the holders thereof to subscribe for no more than the number of shares of Common Stock exchanged therefor (subject to antidilution provisions similar to those co...
Sample 1
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WEIGHTED AVERAGE PRICE PROTECTION. Reference is made to the --------------------------------- Certificate of Determination of the Company filed with the California Secretary of State on June 5, 1997, as amended by the Amendment to Certificate of Determination of the Company filed with the California Secretary of State on June 20, 1997, copies of which are attached collectively to the Stock Purchase Agreement as Exhibit A (collectively, the "Certificate of Determination"). Capitalized terms used in this paragraph shall, unless otherwise specifically defined in this Warrant, have the meanings ascribed to them in the Certificate of Determination. If, after the issuance of this Warrant, the Company shall at any time or from time to time issue (or be deemed under Section 5 of the resolutions set forth in the Certificate of Determination to have issued) any Additional Shares of Common Stock (excluding the Series G Preferred Stock issued pursuant to the Stock Purchase Agreement) at a price less than the Warrant Price and such issuance or deemed issuance would result in an adjustment to the Conversion Price of the Series G Preferred Stock, pursuant to Sections 5(g) or 5(h) of the Certificate of Determination, assuming hypothetically solely for purposes of this paragraph that the initial Conversion Price of the Series G Preferred Stock is $8.00 (which the parties acknowledge is not the case), the Warrant Price shall forthwith be adjusted (in each case of any such issuance or deemed issuance) to the adjusted Conversion Price which would have been applicable to the Series G Preferred Stock under such Sections 5(g) or 5(h) by reason of such issuance or deemed issuance if the Conversion Price of the Series G Preferred Stock had been initially $8.00.
Sample 1

Related to WEIGHTED AVERAGE PRICE PROTECTION

  • Purchase Price Protection With respect to any Mortgage Loan that prepays in full on or prior to the last day of the third full month following the related Closing Date (or such other date set forth in the related PPTL, the Seller shall reimburse the Purchaser an amount equal to the product of (a) the amount by which Purchase Price Percentage paid by the Purchaser to the Seller for such Mortgage Loan exceeds 100% and (b) the outstanding principal balance of the Mortgage Loan as of the Cut-off Date. Such payment shall be made within thirty (30) days of such payoff.

  • 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.

  • RESERVE PRICE The subject property will be sold “as is where is basis” and subject to a reserve price of RM 520,000.00 ( RINGGIT MALAYSIA: FIVE HUNDRED AND TWENTY THOUSAND ONLY) subject to the Conditions of Sale and by way of an Assignment from the above Assignee subject to consent being obtained by the successful bidder(“the Purchaser”) from the relevant authorities, if any, including all terms, conditions, stipulation and covenants which were and may be imposed by the relevant authority. All other fees, costs and charges relating to the transfer and assignment of the property shall be borne solely by the successful bidder (“the Purchaser”).Online bidders are further subject to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx All intending bidders are required to deposit 10% of the fixed reserve price by bank draft/ cashier’s order only in favour of RHB Bank Berhad prior to the auction sale with the under mentioned Auctioneer and the balance of the purcLhase price is to be settled within ninety (90) days from the date of auction to RHB Bank Berhad via XXXXXX. Details of payment via XXXXXX, please liaise with Messrs Xxx Xxxxxxx & Xxxx. For further particulars, please contact MESSRS CHE MOKHTAR & LING, Solicitors for Assignee herein whose address is at Level 00, Xxxx Xxxxx, Xxxxxx Xxxxxxx Xxxxxxxx, Xx.0, Xxxxx Xxxxxx Xxxxxxxx, 00000 Xxxxx Xxxxxx. Tel: 00-0000 0000 / Fax: 00-0000 0000 [ Ref: CML- 08A/RHB(1)/MA/37653/17 ] or under mentioned Auctioneer. Dalam menjalankan xxx xxx kuasa xxxx diberi kepada Pihak Pemegang Serah xxx xxx di bawah Perjanjian Kemudahan, Surat Ikatan Penyerahan Hak (Penyerahan Hak Pihak Pertama) xxx Surat Kuasa Wakil (Pihak Pertama) kesemunya bertarikh 06hb Oktober 2008 di antara Pihak Pemegang Serah Xxx xxx Pihak Penyerah Xxx xxx dalam Perjanjian Jual Beli antara Pihak Penyerah Xxx xxx Indah Jaya Development Sdn Bhd (“Penjual”) xxx Rawang Lakes Sdn Bhd (“Tuanpunya”) bertarikh 12hb September 2008, adalah dengan ini diisytiharkan bahawa Pihak Pemegang Xxxxx xxx dengan dibantu oleh Pelelong yang tersebut di bawah.

  • Market Value Adjustment Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Economic Price Adjustment is the adjustment to the Aircraft Basic Price (Base Airframe, Engine and Special Features) as calculated pursuant to Exhibit D.

  • Price Protection 1. The Provider shall ensure that all prices, terms, and warranties included in this Agreement are comparable to, or better than, the equivalent terms being offered by the Provider to any present customer meeting the same qualifications or requirements as the Department. If, during the term of this Agreement, the Provider enters into agreement(s) that provide more favorable terms to other comparable customer(s), the Provider shall provide the same terms to the Department. 2. If Federal funding is used for the acquisition of products and/or services under this Agreement, interest cannot be paid under any installment purchase or lease-purchase agreement entered into as a part of this Agreement.

  • Maximum or Minimum Interest Rate If specified on the face hereof, this Note may have either or both of a Maximum Interest Rate or a Minimum Interest Rate. If a Maximum Interest Rate is so designated, the interest rate for a Floating Rate Note cannot ever exceed such Maximum Interest Rate and in the event that the interest rate on any Interest Reset Date would exceed such Maximum Interest Rate (as if no Maximum Interest Rate were in effect) then the interest rate on such Interest Reset Date shall be the Maximum Interest Rate. If a Minimum Interest Rate is so designated, the interest rate for a Floating Rate Note cannot ever be less than such Minimum Interest Rate and in the event that the interest rate on any Interest Reset Date would be less than such Minimum Interest Rate (as if no Minimum Interest Rate were in effect) then the interest rate on such Interest Reset Date shall be the Minimum Interest Rate. Notwithstanding anything to the contrary contained herein, the interest rate on a Floating Rate Note shall not exceed the maximum interest rate permitted by applicable law.

  • Market Capitalization At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

  • Non pre-priced Adjustment Factor To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.1900.

  • Sale Price For the sum of ($ ) payable as follows: ten thousand dollars ($10,000) down payment due immediately with the signing of this contract by the BUYER, with the remaining balance to be paid at closing. This contract is not assignable or contingent upon any appraisal, financing, or inspection.

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