Derivative Offering definition

Derivative Offering means an offering in which (i) a financing entity structured as a trust, limited liability company, partnership or another form of entity is capitalized through the issuance of its preferred securities, and (ii) the financing entity lends the proceeds from the issuance of the preferred securities to the Company and/or one or more of its Subsidiaries in exchange for its or their debt securities.
Derivative Offering means both the Partner software which contains Broadbase Products and any annual software maintenance and/or support fees.) Cumulative revenue shall include all revenue from the sale of the Derivative Offering from the execution of this Exhibit forward. Royalty amounts will be calculated on the following graduated scale. -Upon execution of this Exhibit -- 50/50 split -After first million of cumulative revenue -- 60% Partner/40% Broadbase -After second million of cumulative revenue -- 70% Partner/30% Broadbase -After third million of cumulative revenue -- 80% Partner/20% Broadbase ROYALTY REPORTING: Partner agrees to report royalty and/or royalty burn down on an Exhibit D within 10 business days after the end of the same calendar quarter that the royalty or royalty burn-down has occurred. BURN-DOWN RATE: Prepaid royalties are decremented at 100% of royalty amounts due.
Derivative Offering means a product which shall consist of appropriate Broadbase Products and at least a substantial amount of additional software or domain expertise proprietary to ADP Partner which functions in conjunction with Broadbase Products.

Examples of Derivative Offering in a sentence

  • Partner agrees to pay a royalty to Broadbase equaling a percentage of the actual selling price of the Derivative Offering.

  • Customer may utilize the information contained in the Products to create databases, analyses or similar products (“Derivative Offerings”) so long as each such Derivative Offering prominently credits The Trade Partnership as the source of information utilized by the Customer in the Derivative Offering.

  • Broadbase will assist Silicon Energy in its efforts to educate its sales force about the Derivative Offering.

  • EXHIBIT D Revenue Recognition Report Quarter ,20 Support Contact Number of Customer Name and And Servers/ Description of Broadbase Royalty Site Address Phone Number Clients Derivative Offering Due Example, MyCo, John Xxxxx [*] Server [*] 1 Maxx Xxxxxx 650-614-8300 [*] Clients [*] Menlx Xxxx, XX 00000 Xxample, YourCo, Jane Xxx [*] Server [*] 10 Oxx Xxxxxx 650-555-5555 [*] Clients [*] Menlx Xxxx, XX 00000 Total Servers [*] Total Client** [*] DATE: A.

  • ADP shall have the right to use the Broadbase Products to demonstrate Derivative Offering (i) on ADP's premises, (ii) at tradeshows, or at any function where ADP is demonstrating its core product and (iii) at a prospective End User's site provided that all copies of the Broadbase Products are removed within 5 days of when they are installed and provided further that ADP shall be responsible for protecting the confidentiality of the Broadbase Products while on the prospective End User's site.


More Definitions of Derivative Offering

Derivative Offering means both the Partner software which contains Broadbase Products and any annual software maintenance and/or support fees.) Cumulative revenue shall include all revenue from the sale of the Derivative Offering from the execution of this Exhibit forward. Royalty amounts will be calculated on the following graduated scale. [*] ROYALTY REPORTING: Partner agrees to report royalty and/or royalty burn down on an Exhibit D within 10 business days after the end of the same calendar quarter that the royalty or royalty burn-down has occurred. BURN-DOWN RATE: Prepaid royalties are decremented at 100% of royalty amounts due.

Related to Derivative Offering

  • Underwritten Public Offering means an underwritten Public Offering, including any bought deal or block sale to a financial institution conducted as an underwritten Public Offering.

  • Derivative means any investment instrument whose market price is derived from the fluctuating value of an underlying asset, index, currency, futures contract, including futures, options and collateralized mortgage obligations.

  • Specified Securities means ‘equity shares’ and ‘convertible securities’ as defined under clause (zj) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009;

  • Derivative proceeding means a civil suit in the right of a domestic corporation or, to the extent

  • Periodic Offering means an offering of Securities of a series from time to time, the specific terms of which Securities, including, without limitation, the rate or rates of interest, if any, thereon, the stated maturity or maturities thereof and the redemption provisions, if any, with respect thereto, are to be determined by the Issuer or its agents upon the issuance of such Securities.

  • Rule 415 Offering means an offering on a delayed or continuous basis pursuant to Rule 415 (or any successor rule to similar effect) promulgated under the Securities Act.

  • Derivative Transactions means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, prices, values, or other financial or non-financial assets, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including any collateralized debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions.

  • Derivative Product means a written contract or agreement between the Authority and a Reciprocal Payor, which provides that the Authority’s obligations thereunder will be conditioned on the absence of (a) a failure by the Reciprocal Payor to make any payment required thereunder when due and payable, or (b) a default thereunder with respect to the financial status of the Reciprocal Payor; and:

  • Initial Public Offering means an offering of securities registered under the Securities Act of 1933, the issuer of which, immediately before the registration, was not subject to the reporting requirements of sections 13 or 15(d) of the Securities Exchange Act of 1934.

  • Initial Public Offering” (“IPO means an offering of securities registered under the 1933 Act, the issuer of which, immediately before the registration, was not subject to the reporting requirements of Sections 13 or 15(d) of the 1934 Act.

  • Offering shall have the meaning ascribed to such term in Section 2.1(c).

  • Initial Public Offering” or “IPO means an offering of securities registered under the Securities Act of 1933, the issuer of which, immediately before the registration, was not subject to the reporting requirements of Sections 13 or 15(d) of the Securities Exchange Act of 1934.

  • Qualified Initial Public Offering means a public offering of the securities of Parent pursuant to an effective registration statement filed under the Securities Act, that is fully underwritten pursuant to a firm commitment contract and with respect to which the product of (a) the price to the public per share multiplied by (b) the aggregate number of offered shares will yield Net Offering Proceeds of at least $50,000,000.

  • Equity-linked Securities means any debt or equity securities that are convertible, exercisable or exchangeable for Class A Shares issued in a financing transaction in connection with a Business Combination, including but not limited to a private placement of equity or debt.

  • Public Offering means the sale in an underwritten public offering registered under the Securities Act of equity securities of the Company or a corporate successor to the Company.

  • Derivative Transaction means any agreement, arrangement, interest or understanding entered into by, or on behalf or for the benefit of, any Proposing Shareholder or any of its affiliates or associates, whether of record or beneficial: (1) the value of which is derived in whole or in part from the value of any class or series of shares or other securities of the Company, (2) which otherwise provides any direct or indirect opportunity to gain or share in any gain derived from a change in the value of securities of the Company, (3) the effect or intent of which is to mitigate loss, manage risk or benefit of security value or price changes, or (4) which provides the right to vote or increase or decrease the voting power of, such Proposing Shareholder, or any of its affiliates or associates, with respect to any shares or other securities of the Company, which agreement, arrangement, interest or understanding may include, without limitation, any option, warrant, debt position, note, bond, convertible security, swap, stock appreciation right, short position, profit interest, hedge, right to dividends, voting agreement, performance-related fee or arrangement to borrow or lend shares (whether or not subject to payment, settlement, exercise or conversion in any such class or series), and any proportionate interest of such Proposing Shareholder in the securities of the Company held by any general or limited partnership, or any limited liability company, of which such Proposing Shareholder is, directly or indirectly, a general partner or managing member.

  • Qualified Public Offering means the sale by the Company, in an ------------------------- underwritten public offering registered under the 1933 Act, of shares of the Company's Common Stock having an aggregate offering value of at least $10 million and where the per share price to the public multiplied by the number of shares of Common Stock issued under the Purchase Agreement and this and the other Executive Stock Agreements (adjusted for stock splits and other recapitalizations) is at least $30,000,000.

  • Marketed Underwritten Offering means any Underwritten Offering (including a Marketed Underwritten Shelf Take-Down, but, for the avoidance of doubt, not including any Shelf Take-Down that is not a Marketed Underwritten Shelf Take-Down) that involves a customary “road show” (including an “electronic road show”) or other substantial marketing effort by the Company and the underwriters over a period of at least 48 hours.

  • Piggyback Offering has the meaning set forth in Section 8(a).

  • Marketed Underwritten Shelf Take-Down has the meaning set forth in Section 2.02(e)(iii).

  • Short-Sale Loss means the loss resulting from the Assuming Institution’s agreement with the mortgagor to accept a payoff in an amount less than the balance due on the loan (including the costs of any cash incentives to borrower to agree to such sale or to maintain the property pending such sale), further provided, that each Short-Sale Loss shall be calculated in accordance with the form and methodology specified in Exhibits 2b(1)-(3).

  • TERMINATION OF THE INITIAL PUBLIC OFFERING means the earlier of (i) the date on which the Initial Public Offering expires or is terminated by the Company or (ii) the date on which all shares of stock offered in the Initial Public Offering are sold, excluding warrants, if any, offered thereunder and shares that may be acquired upon exercise of such warrants and shares offered thereunder that may be acquired pursuant to the Reinvestment Plan.

  • Equity Securities means, with respect to any Person that is a legal entity, any and all shares of capital stock, membership interests, units, profits interests, ownership interests, equity interests, registered capital, and other equity securities of such Person, and any right, warrant, option, call, commitment, conversion privilege, preemptive right or other right to acquire any of the foregoing, or security convertible into, exchangeable or exercisable for any of the foregoing.

  • Shelf Offering has the meaning set forth in Section 1(d)(i).

  • Subsequent Placement means the sale, grant of any option to purchase, or other disposition of by the Company, directly or indirectly, of any of the Company’s or its Subsidiaries’ equity or equity equivalent securities, including, without limitation, any Convertible Securities, Options, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Convertible Securities or Options.

  • Hybrid Equity Securities means securities issued by Borrower or any subsidiary that (a) are classified as possessing a minimum of (i) “intermediate equity content” by S&P and (ii) “Basket C equity credit” by Moody’s and (b) do not contain any scheduled principal payments or prepayments or any mandatory redemptions or mandatory repurchases prior to the date that is at least 91 days after the latest applicable Maturity Date.