Cap Percentage means, in respect of any Investor, a percentage equal to such Investor’s Base Cap Percentage plus such Investor’s Intra-Investor Buy Percentage (as hereafter defined) and less such Investor’s Intra-Investor Sale Percentage (as hereafter defined), provided that no Investor’s Cap Percentage shall exceed 25% (the “Ceiling Percentage”), provided further, however, that an Investor’s Cap Percentage, and the Ceiling Percentage, shall be equitably increased for (A) acquisitions permitted under clauses (iii) and (vii) above and (B) Approved Reacquisition Transactions. “Intra-Investor Buy Percentage” of any Investor means the percentage of the outstanding Common Stock acquired by such Investor (or any Affiliate of such Investor) in an Intra-Investor Private Transfer (as hereafter defined), determined as of the time of such acquisition (assuming for this purpose conversion in full of all Preferred Shares and NVC Shares (irrespective of the Conversion Limitation)). “Intra-Investor Private Transfer” means any sale by an Investor (or Affiliates thereof) to one or more of the other Investors (or Affiliates of such other Investor) in a private transaction, including a sale pursuant to the right of first offer or tag-along rights contemplated by Sections 3.02-3.03. “Intra-Investor Sell Percentage” of any Investor means the percentage of the outstanding Common Stock sold by such Investor (or any Affiliate of such Investor) in an Intra-Investor Private Transfer, determined as of the time of such sale (assuming for this purpose conversion in full of all Preferred Shares and NVC Shares (irrespective of the Conversion Limitation)). For purposes of this Section 4.03, an Associate (as defined in Rule 12b-2 under the Exchange Act) of Xxxxxxx Xxxxxxx shall be deemed an Affiliate of Xxxxxxx Xxxxxxx. The agreements of the several Investors and Xxxxxxx Xxxxxxx hereunder are several and not joint. All of the restrictions set forth above in this Section 4.03 shall terminate upon the earliest to occur of:
Cap Percentage means the percentage as detailed in the Confirmation;
Cap Percentage means 135 per cent.; "Constant Percentage 1" means 0 per cent.; "Gearing" means 100 per cent.;
Examples of Cap Percentage in a sentence
The Offeror's proposed Total Available Performance Fee for each CLIN shall not exceed the DOE provided Performance Fee Cap Percentage for each CLIN in Section B.3 Table B.1. (b) Responsibility Determination and Financial Capability.
Equal to the product between the Cap Percentage and the Initial Reference Value.
The applicable percentage is referred to as the Annual Cash Flow Cap Percentage, and is currently set at 35% per the AFFA.
Cap Percentage - The Cap Percentage is the maximum percentage of the Index Performance that will be used to calculate the Index Credit, if any.
If the funds on deposit in the Spread Account on such Determination Date are less than the Spread Account Cap Percentage Amount, Collections shall be deposited into the Spread Account on the next succeeding Remittance Date in accordance with Section 2.5 up to the Spread Account Cap Percentage Amount.
More Definitions of Cap Percentage
Cap Percentage means, in respect of any Investor, a percentage equal to such Investor’s Base Cap Percentage; provided, however, that (i) an Investor’s Base Cap Percentage shall be increased with respect to an acquisition by such Investor of Common Stock, Convertible Notes or Other Capital Stock solely as a result of an Intra-Investor Private Transfer (as hereafter defined) and (ii) to the extent that the sum of all Investors’ respective Base Cap Percentages would exceed the Aggregate Cap Percentage as a result of an Intra-Investor Private Transfer, the selling Investor’s Base Cap Percentage shall be decreased such that the sum of all Investors’ respective Base Cap Percentages would equal the Aggregate Cap Percentage. “Intra-Investor Private Transfer” means any Transfer by an Investor (or Affiliates thereof) to one or more of the other Investors (or Affiliates of such other Investor) in a private transaction, including a sale pursuant to the right of first refusal or right of first offer contemplated by Section 3.2.
Cap Percentage means 30%.
Cap Percentage means the percentage calculated in accordance with the formula set out, in relation to each Product Type, within Condition 4.
Cap Percentage means 200% “Constant Percentage 1” means 95%.
Cap Percentage means 30% “Constant Percentage 1” means 100%.
Cap Percentage means 35% “Constant Percentage 1” means 100%.
Cap Percentage means 107 per cent.;