Average Closing Sale Price definition

Average Closing Sale Price means the average of the closing sale price of the Common Stock as reported on Bloomberg over a period of twenty consecutive trading days. In no event may the Company require the Investor to exercise any such warrant that would force the Investor to violate the 4.9% provision in the Stock Purchase Agreement or this Warrant Agreement; provided that so long as such limitation effectively prevents conversion of this Warrant as required by this call provision, the Holder will not convert any shares of preferred stock acquired pursuant to the Purchase Agreement or exercise any other warrants held by Investor for shares of Common Stock until all of the warrants have been exercised or expired pursuant to this provision. In addition, Investor shall use its commercially best efforts to sell or otherwise dispose of shares of Common Stock or rights to acquire Common Stock, or take such other action such as to result in a reduction in the Holder’s percentage ownership of the Company to a level which would permit this Warrant to be exercised in full. The Automatic Exercise Notice shall remain applicable and effective until exercise or expiration of all of the thes Warrants pursuant to this provision has occurred and shall not need to be requalified.
Sample 1Sample 2Sample 3
Average Closing Sale Price has the meaning specified in SECTION 1.3(B)(II)
Sample 1Sample 2
Average Closing Sale Price has the meaning specified in Section 1.3(b)(ii)
Sample 1Sample 2

Examples of Average Closing Sale Price in a sentence

  • If it is determined, as provided, that any of the Indemnified Parties is entitled to indemnification, indemnification shall be effected by redelivery to HomeSeekers of shares of the common stock of HomeSeekers held in escrow as provided in Section 10.4 of this Agreement, such shares valued at the Average Closing Sale Price for a share of HomeSeeker common stock for the ten consecutive trading days which preceed the date that they are redelivered to HomeSeekers.

  • Xxxxxxx has not purchased or caused to be purchased, and will not purchase or cause to be purchased, any Xxxxxxx Common Shares, whether pursuant to its share repurchase program or otherwise, during the period used to determine the Average Closing Sale Price.

  • Steixxx xxx not purchased or caused to be purchased, and will not purchase or cause to be purchased, any Steixxx Xxxmon Shares, whether pursuant to its share repurchase program or otherwise, during the period used to determine the Average Closing Sale Price.

  • If the Company elects to satisfy part or all of its conversion obligation in cash, such cash amount will be calculated based on the Ten-Day Average Closing Sale Price of the Common Stock.

  • If the Actual Value is greater than the Estimated Value, Republic shall issue to the Shareholder such additional Republic Shares as would have a value (assuming a value per share equal to the Average Closing Sale Price), equal to the difference between the Actual Value and the Estimated Value.

  • If it is determined, as provided, that any of the HomeSeekers Indemnitees is entitled to indemnification, indemnification shall be effected by redelivery to HomeSeekers of shares of the common stock of HomeSeekers held in escrow as provided in Section 10.5, such shares valued utilizing the same method as utilized for the Average Closing Sale Price described in Section 2.1(b) (the "Average Closing Sale Price Method") as of the date the shares are transferred from the escrow.

  • Each Unit shall consist of: (i) a number of shares of Common Stock determined by dividing the purchase price per Unit of $100,000 by eighty percent (80%) of the "Average Closing Sale Price" which shall be the average closing sale price for the Common Stock for the eight (8) consecutive trading days for the initial closing of the Offering and also for each subsequent closing; and (ii) Warrants to purchase fifty percent (50%) of such number of shares of Common Stock of the Company in the Units.

  • The "value" of the Buyer Shares delivered on such post-Closing anniversary date shall be the Average Closing Sale Price (as defined above) for the Buyer Shares during the period commencing 18 trading days before the issuance date and ending 3 trading days before the issuance date.

  • In determining the number of shares of Republic Common Stock to be delivered to satisfy any indemnification obligation by Republic, the value of such Republic Common Stock shall be determined by the Average Closing Sale Price.

  • In lieu of fractional shares, holders will receive cash for the value of the fractional shares, which cash payment shall be calculated based on the Ten-Day Average Closing Sale Price.


More Definitions of Average Closing Sale Price

Average Closing Sale Price means the average closing sale price of a share of BabyUniverse Common Stock as quoted on the American Stock Exchange for the fifteen (15) consecutive trading days that immediately precede the second (2nd) trading day prior to the Closing Date, as such closing sale prices are reported (absent manifest error in the printing thereof) at xxx.xxxx.xxx.
Sample 1
Average Closing Sale Price means $29.625 per share of Republic Common Stock.
Sample 1
Average Closing Sale Price means the average closing sale price of a share of Parent Common Stock on Nasdaq for the five trading days which immediately precede the trading day prior to the Closing Date, as reported by the Wall Street Journal (Eastern Edition).
Sample 1
Average Closing Sale Price has the meaning set forth in Section 2(e)(i) below. "Xxxxxxxxx Terrace" means Xxxxxxxxx Terrace, Ltd., a corporation formed under the laws of the British Virgin Islands.
Sample 1
Average Closing Sale Price shall have the meaning set forth in section 2.1(b) of this Agreement.
Sample 1
Average Closing Sale Price means the average of the Closing Sale Prices for the twenty (20) consecutive Trading Days immediately preceding the Exit Event.
Sample 1

Related to Average Closing Sale Price

  • Closing Sale Price means, for any security as of any date, the last closing trade price for such security on the Principal Market, as reported by Bloomberg, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00:00 p.m., New York time, as reported by Bloomberg, or, if the Principal Market is not the principal securities exchange or trading market for such security, the last trade price of such security on the principal securities exchange or trading market where such security is listed or traded as reported by Bloomberg, or if the foregoing does not apply, the last trade price of such security in the over-the-counter market on the electronic bulletin board for such security as reported by Bloomberg, or, if no last trade price is reported for such security by Bloomberg, the average of the ask prices of any market makers for such security as reported in The Pink Open Market (or a similar organization or agency succeeding to its functions of reporting prices). If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. If the Company and the Holder are unable to agree upon the fair market value of such security, then such dispute shall be resolved in accordance with the procedures in Section 15. All such determinations shall be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during such period.

  • Average Closing Price means the average of the closing market prices of a Share over the last five (5) Market Days on which transactions in the Shares were recorded on the SGX-ST immediately preceding the date of the Market Purchase by the Company or, as the case may be, the date of the making of the offer pursuant to the Off-Market Purchase, and deemed to be adjusted for any corporate action that occurs after the relevant five-day period; and

  • Average Sale Price means the average of the Sale Prices of the Common Stock for the shorter of

  • Average Price means the average closing price of a share of the Substitute Common Stock for the one year immediately preceding the consolidation, merger or sale in question, but in no event higher than the closing price of the shares of Substitute Common Stock on the day preceding such consolidation, merger or sale; provided that if Issuer is the issuer of the Substitute Option, the Average Price shall be computed with respect to a share of common stock issued by the person merging into Issuer or by any company which controls or is controlled by such person, as the Holder may elect.

  • Sale Price means the value as determined by the Administrator of the consideration payable, or otherwise to be received by stockholders, per share of Stock pursuant to a Sale Event.

  • Cash sale price means the price of a good or service a retail buyer would pay if he or she paid for the good or service in cash, and that is stated in a retail installment contract or in a sales slip or other memorandum furnished by a retail seller to a retail buyer pursuant to a retail charge agreement for that good or service. The cash sale price may include any taxes and charges for delivery, installation, servicing, repairs, alterations, or improvements.

  • Closing Price has the meaning assigned to such term in Section 15.1(a).

  • Average Wholesale Price or “AWP” means the wholesale price charged on a specific commodity that is assigned by the drug manufacturer and is listed in a nationally-recognized drug pricing file.

  • Time sale price means the total of the cash price of the goods and services or services, the finance charge, and the amounts, if any, included for insurance premiums and official fees.

  • Average VWAP means the average of the VWAP for each Trading Day in the relevant period.

  • Closing Sales Price means, for any security as of any date, the last sales price of such security on the principal trading market where such security is listed or traded as reported by Bloomberg Financial Markets (or a comparable reporting service of national reputation selected by the Corporation if Bloomberg Financial Markets is not then reporting closing sales prices of such security) (collectively, “Bloomberg”), or if the foregoing does not apply, the last reported sales price of such security on a national exchange or in the over-the-counter market on the electronic bulletin board for such security as reported by Bloomberg, or, if no such price is reported for such security by Bloomberg, the average of the bid prices of all market makers for such security as reported in the “pink sheets” by the National Quotation Bureau, Inc., in each case for such date or, if such date was not a trading day for such security, on the next preceding date that was a trading day. If the Closing Sales Price cannot be calculated for such security on any of the foregoing bases, the Closing Sales Price of such security on such date shall be the fair market value as reasonably determined by an investment banking firm selected by the Corporation, with the costs of such appraisal to be borne by the Corporation.

  • Average Market Price means, with respect to any security, the arithmetic average of the Market Price of such security for the 15 consecutive trading day period ending on and including the trading day immediately preceding the determination date.

  • Highest Closing Price means the highest closing price for shares of Substitute Common Stock within the six-month period immediately preceding the date the Substitute Option Holder gives notice of the required repurchase of the Substitute Option or the Substitute Share Owner gives notice of the required repurchase of the Substitute Shares, as applicable.

  • Minimum Sale Price means (i) with respect to a Receivable (x) that has become 60 to 210 days delinquent or (y) that has become greater than 210 days delinquent and with respect to which the related Financed Vehicle has been repossessed by the Servicer and has not yet been sold at auction, the greater of (A) 55% multiplied by the Principal Balance of such Receivable and (B) the product of the three month rolling average recovery rate (expressed as a percentage) for the Servicer in its liquidation of all receivables for which it acts as servicer, either pursuant to this Agreement or otherwise, multiplied by the Principal Balance of such Receivable or (ii) with respect to a Receivable (x) with respect to which the related Financed Vehicle has been repossessed by the Servicer and has been sold at auction and the Net Liquidation Proceeds for which have been deposited in the Collection Account, or (y) that has become greater than 210 days delinquent and with respect to which the related Financed Vehicle has not been repossessed by the Servicer despite the Servicer’s diligent efforts, consistent with its servicing obligations, to repossess the Financed Vehicle, $1.

  • Weighted Average Price means, for any security as of any date, the dollar volume-weighted average price for such security on the Principal Market during the period beginning at 9:30:01 a.m., New York time (or such other time as the Principal Market publicly announces is the official open of trading), and ending at 4:00:00 p.m., New York time (or such other time as the Principal Market publicly announces is the official close of trading), as reported by Bloomberg through its “Volume at Price” function or, if the foregoing does not apply, the dollar volume-weighted average price of such security in the over-the-counter market on the electronic bulletin board for such security during the period beginning at 9:30:01 a.m., New York time (or such other time as such market publicly announces is the official open of trading), and ending at 4:00:00 p.m., New York time (or such other time as such market publicly announces is the official close of trading), as reported by Bloomberg, or, if no dollar volume-weighted average price is reported for such security by Bloomberg for such hours, the average of the highest closing bid price and the lowest closing ask price of any of the market makers for such security as reported on the Pink Open Market. If the Weighted Average Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Weighted Average Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. If the Company and the Holder are unable to agree upon the fair market value of such security, then such dispute shall be resolved pursuant to Section 12 with the term “Weighted Average Price” being substituted for the term “Exercise Price.” All such determinations shall be appropriately adjusted for any stock dividend, stock split, stock combination, reclassification or other similar transaction during the applicable calculation period.

  • Average Trading Price means, with respect to any period, the average of the Market Prices on the last trading day of each full or partial calendar quarter included within such period.

  • Average Share Price means the average of the closing price per share of Class A Common Stock on the New York Stock Exchange on the Friday (or if Friday is not a trading day, the last trading day before such Friday) for each week of the calendar quarter ending on the Quarter Date.

  • Volume Weighted Average Price means, for any security as of any date, the daily dollar volume-weighted average price for such security on the Primary Market as reported by Bloomberg through its “Historical Prices – Px Table with Average Daily Volume” functions, or, if no dollar volume-weighted average price is reported for such security by Bloomberg, the average of the highest closing bid price and the lowest closing ask price of any of the market makers for such security as reported in the "pink sheets" by Pink Sheets LLC.

  • Average Stock Price means the average of the closing prices of a Share, as reported on NASDAQ (or such other stock exchange as is applicable), for the forty-five (45) trading day period immediately preceding the date for which the Average Stock Price is being determined hereunder.

  • Underlying Reference Closing Price Value means, in respect of a SPS Valuation Date, the Closing Price in respect of such day.

  • Closing Average Share Value means the average, over the trading days in the Closing Average Period, of the closing price of the company’s stock multiplied by the Accumulated Shares for each trading day during the Closing Average Period.

  • Initial Closing Price means the RI Closing Value of a Reference Item on the Strike Date

  • Opening Average Share Value means the average, over the trading days in the Opening Average Period, of the closing price of a company’s stock multiplied by the Accumulated Shares for each trading day during the Opening Average Period.

  • Parent Closing Price means the volume weighted average closing trading price of a share of Parent Common Stock on Nasdaq for the five consecutive trading days ending five trading days immediately prior to the date upon which the Merger becomes effective.

  • Average Parent Stock Price means the average of the volume weighted averages of the trading prices of Parent Common Stock, as such price is reported on the NYSE Composite Transaction Tape (as reported by Bloomberg Financial Markets or such other source as the parties shall agree in writing), for the 15 trading days ending on the third trading day immediately preceding the Effective Time.

  • Closing Market Price means the price at which the company’s security was last sold, on the applicable date,