20-Day VWAP definition
Examples of 20-Day VWAP in a sentence
Clauses 6.1 through 6.5 shall terminate and be of no further force or effect (Termination of Pre-Emptive Rights) upon which time (a) the Participation Agreement is no longer in effect and (b) either (i) the combined value of the Exchange Shares held by all Minority Shareholders no longer equals at least US$40,000,000 based on a 20-Day VWAP or (ii) the total sum of the number of Exchange Shares held by all Minority Shareholders is less than 1.00% of the outstanding Class A Ordinary Shares.
In the case of clause (i) above, the price per share of Company Common Stock shall be the product of (1) the lower of (x) the 20-Day VWAP ending on and including the last trading day prior to the signing of any definitive agreement with respect to, such transaction and (y) the Spot Price on the last trading day prior to the signing of any definitive agreement with respect to, such transaction and (2) 0.95.
In the event that the Liquidity Event Consideration is greater than the 20-Day VWAP hurdle with respect to any Earn-Out Payment not previously paid, then the corresponding Earn-Out Payment shall be made, and the applicable Common Units shall be deemed issued and outstanding, effective immediately prior to the consummation of such Liquidity Event and the holders thereof shall be entitled to receive the corresponding Liquidity Event Consideration.
Exercise Price The exercise price per SpinCo Share will be the lesser of (1) the price at which the Holder invested in SpinCo Shares pursuant to the Investment Agreement (which amount will equal the Purchase Price divided by the number of SpinCo Shares issued at the Closing) and (2) the 20-Day VWAP.
The Parties acknowledge that the Company paid the January 1, 2009 Dividend using a 90% 20-Day VWAP before this Amendment Agreement was entered into.