Additional VWAP Purchase Price definition

Additional VWAP Purchase Price means, with respect to an Additional VWAP Purchase made pursuant to Section 2.3, the purchase price per Share to be purchased by the Investor in such Additional VWAP Purchase equal to ninety percent (90%) of the lower of (i) the VWAP for the applicable Additional VWAP Purchase Period during the applicable Additional VWAP Purchase Date for such Additional VWAP Purchase, and (ii) the Closing Sale Price of the Common Stock on such applicable Additional VWAP Purchase Date for such Additional VWAP Purchase (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction).
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Additional VWAP Purchase Price means, with respect to an Additional VWAP Purchase made pursuant to Section 3.3, the purchase price per Share to be purchased by the Investor in such Additional VWAP Purchase equal to ninety-six percent (96%) of the lower of (i) the VWAP for the applicable Additional VWAP Purchase Period during the applicable Additional VWAP Purchase Date for such Additional VWAP Purchase, and (ii) the Closing Sale Price of the Common Stock on such applicable Additional VWAP Purchase Date for such Additional VWAP Purchase (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction).
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Additional VWAP Purchase Price means, with respect to an Additional VWAP Purchase made pursuant to Section 2(c) hereof, the lesser of ninety-five percent (95%) of (i) the Closing Sale Price of the Common Stock on the Business Day immediately preceding such Additional VWAP Purchase Date (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction) and (ii) the VWAP for the period on the applicable Additional VWAP Purchase Date, beginning at the latest of (A) the applicable VWAP Purchase Termination Time with respect to the corresponding VWAP Purchase referred to in clause (i) of the proviso in the second sentence of Section 2(c) hereof on such Additional VWAP Purchase Date, (B) the applicable Additional VWAP Purchase Termination Time with respect to the most recently completed prior Additional VWAP Purchase on such Additional VWAP Purchase Date, as applicable, and (C) the time at which the Transfer Agent has acknowledged the receipt of, and confirmed the processing of, a Transfer Agent Instruction Letter with respect to all Purchase Shares subject to all prior VWAP Purchases and Additional VWAP Purchases (as applicable), including, without limitation, those that have been effected on the same Business Day as the applicable Additional VWAP Purchase Date with respect to which the applicable Additional VWAP Purchase relates (such latest of (ii)(A), (ii)(B) and (ii)(C) above, the “Additional VWAP Purchase Commencement Time”), and ending at the earliest of (X) 2:00 p.m., Eastern time, on such Additional VWAP Purchase Date, or such other time publicly announced by the Principal Market as the official close of trading on the Principal Market on such Additional VWAP Purchase Date, (Y) such time, from and after the Additional VWAP Purchase Commencement Time for such Additional VWAP Purchase, that the total number (or volume) of shares of Common Stock traded on the Principal Market has exceeded the applicable Additional VWAP Purchase Share Volume Maximum, and (Z) such time, from and after the Additional VWAP Purchase Commencement Time for such Additional VWAP Purchase, that the Sale Price has fallen below the applicable Additional VWAP Purchase Minimum Price Threshold (such earliest of (X), (Y) and (Z) above, the “Additional VWAP Purchase Termination Time”). Notwithstanding the foregoing, in the event that (a) the Investor is the holder of any Common Stock on the Additional VWAP Purchase Date and (b) if wit...
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Examples of Additional VWAP Purchase Price in a sentence

  • At or prior to 9:30 a.m., New York City time, on the Trading Day immediately following the Additional VWAP Purchase Date for each Additional VWAP Purchase, the Investor shall provide to the Company a written confirmation of such Additional VWAP Purchase setting forth the applicable Additional VWAP Purchase Share Amount and Additional VWAP Purchase Price for such Additional VWAP Purchase (each, an “Additional VWAP Purchase Confirmation”).

  • At or prior to 5:30 p.m., New York City time, on the date on which the Additional VWAP Purchase Ending Time occurs, the Investor shall provide to the Company a written confirmation for such Additional VWAP Purchase (each an “Additional VWAP Purchase Confirmation”) setting forth the applicable Additional VWAP Purchase Price per Share and the total aggregate Additional VWAP Purchase Price to be paid by the Investor for the Shares purchased by the Investor in such Additional VWAP Purchase.


More Definitions of Additional VWAP Purchase Price

Additional VWAP Purchase Price means, with respect to an Additional VWAP Purchase made pursuant to Section 2.3, the purchase price per Share to be purchased by the Investor in such Additional VWAP Purchase equal to ninety-five percent (95%) of the lower of (i) the VWAP for the applicable Additional VWAP Purchase Period during the applicable Additional VWAP Purchase Date for such Additional VWAP Purchase, and (ii) the Closing Sale Price of the Common Stock on such applicable Additional VWAP Purchase Date for such Additional VWAP Purchase (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction); provided, however, that if the resulting Additional VWAP Purchase Price is less than $0.50 (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction), then the percentage applied shall be ninety percent (90%) instead of the ninety-five percent (95%) referred to above.
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Additional VWAP Purchase Price means, with respect to an Additional VWAP Purchase made pursuant to Section 3.2, the purchase price per Share to be purchased by the Investor in such Additional VWAP Purchase, equal to (i) the product of (A) 0.97, multiplied by (B) the VWAP of the Common Stock for the applicable Additional VWAP Purchase Period on the applicable Purchase Date for such Additional VWAP Purchase, provided that the Aggregate Daily Purchase Share Amount to be purchased by the Investor on the applicable Purchase Date for such Additional VWAP Purchase (collectively in the VWAP Purchase and all Additional VWAP Purchases, as applicable, effected by the Company on such Purchase Date) is equal to or less than 6.67% of the Purchase Volume Reference Amount applicable to such Additional VWAP Purchase, (ii) the product of (A) 0.96, multiplied by (B) the VWAP of the Common Stock for the applicable Additional VWAP Purchase Period on the applicable Purchase Date for such Additional VWAP Purchase, provided that the Aggregate Daily Purchase Share Amount to be purchased by the Investor on the applicable Purchase Date for such Additional VWAP Purchase (collectively in the VWAP Purchase and all Additional VWAP Purchases, as applicable, effected by the Company on such Purchase Date) is greater than 6.67%, but less than 15%, of the Purchase Volume Reference Amount applicable to such Additional VWAP Purchase, or (iii) the product of
Sample 1
Additional VWAP Purchase Price means, with respect to an Additional VWAP Purchase made pursuant to Section 3.3, the purchase price per Share to be purchased by the Investor in such Additional VWAP Purchase, equal to (i) the product of (A) 0.95, multiplied by (B) the arithmetic average of the daily VWAP for the applicable Additional VWAP Purchase Period.
Sample 1
Additional VWAP Purchase Price means, with respect to an Additional VWAP Purchase made pursuant to Section 2(c) hereof, the lesser of ninety-five percent (95%) of (i) the Closing Sale Price of the Common Stock on the Business Day immediately preceding such Additional VWAP Purchase Date (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction) and (ii) the VWAP for the period on the applicable Additional VWAP Purchase Date, beginning at the latest of (A) the applicable VWAP Purchase Termination Time with respect to the corresponding VWAP Purchase referred to in clause (i) of
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Related to Additional VWAP Purchase Price

  • VWAP Purchase Price means the lesser of (i) the Closing Sale Price on the VWAP Purchase Date; or (ii) ninety-seven percent (97%) of volume weighted average price for the Common Stock traded on the Principal Market during normal trading hours on (A) the VWAP Purchase Date if the aggregate shares traded on the Principal Market on the VWAP Purchase Date have not exceeded the VWAP Purchase Share Volume Maximum and the Sale Price of Common Stock has not fallen below the VWAP Minimum Price Threshold (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction), or (B) the portion of the VWAP Purchase Date until such time as the sooner to occur of (1) the time at which the aggregate shares traded on the Principal Market has exceeded the VWAP Purchase Share Volume Maximum, or (2) the time at which the Sale Price of Common Stock falls below the VWAP Minimum Price Threshold (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction).

  • Purchase Price Adjustment has the meaning set forth in Section 2.6.

  • Share Purchase Price shall have the meaning ascribed to such term in Section 2.1(b).

  • Per Share Purchase Price equals $1.00, subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.

  • Closing Purchase Price shall have the meaning ascribed to such term in Section 2.1(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.

  • Purchase Price has the meaning set forth in Section 2.2.

  • Purchase Price Date means the date the Purchase Price is delivered by Lender to Borrower.

  • VWAP Purchase Date means, with respect to any VWAP Purchase made hereunder, the Business Day following the receipt by the Buyer of a valid VWAP Purchase Notice that the Buyer is to buy Purchase Shares pursuant to Section 1(c) hereof.