Fixed Purchase Price means, with respect to a Fixed Purchase made pursuant to Section 3.1, the purchase price per Share to be purchased by the Investor in such Fixed Purchase equal to ninety-six percent (96%) of the lower of: (i) the lowest Sale Price on the applicable Fixed Purchase Date for such Fixed Purchase and (ii) the arithmetic average of the three (3) Closing Sale Prices for the Common Stock during the three (3) consecutive Trading-Day period ending on the Trading Day immediately preceding such Fixed Purchase Date for such Fixed Purchase (in each case, to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction that occurs on or after the date of this Agreement).
Fixed Purchase Price has the meaning as set forth in Section 2.1.2.
Fixed Purchase Price has the meaning given in Section 3.1.
Examples of Fixed Purchase Price in a sentence
Since delivery of a Fixed Purchase Notice is made by the Company after market close on the applicable Fixed Purchase Date, the Fixed Purchase Price is determined and fixed at the time the Company delivers the Fixed Purchase to the Investor.
More Definitions of Fixed Purchase Price
Fixed Purchase Price means $20.00, appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction.
Fixed Purchase Price means $15.00, appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction.
Fixed Purchase Price is hereby deleted wherever it appears in such Section and the term "Purchase Price" is inserted in lieu thereof.
Fixed Purchase Price. Section 3.1;
Fixed Purchase Price means the product of (i) the lowest daily VWAP of the Common Stock on during the Fixed Purchase Valuation Period and (ii) eighty-five percent (85%).
Fixed Purchase Price means, with respect to a Fixed Purchase made pursuant to Section 3.1, the purchase price per Share to be purchased by the Investor in such Fixed Purchase equal to seventy-five percent (75%) of the arithmetic average of the Closing Sale Prices for the Common Stock during the five (5) consecutive Trading-Day period ending on the Fixed Purchase Date for such Fixed Purchase, if the Common Stock is then listed on the Trading Market, (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction that occurs on or after the date of this Agreement).
Fixed Purchase Price means, with respect to a Fixed Purchase made pursuant to Section 2.1, the purchase price per Share to be purchased by the Investor in such Fixed Purchase equal to the lesser of 95% (i) of the daily volume weighted average price of the Company’s Common Stock on the NYSE, as reported by Bloomberg Financial LP using the AQR function for the five (5) Trading Days immediately preceding the applicable Fixed Purchase Date for such Fixed Purchase and (ii) of the Closing Sale Price of a share of Common Stock on the applicable Fixed Purchase Date for such Fixed Purchase during the full Trading Day on the NYSE on such applicable Purchase Date (in each case, to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction that occurs on or after the date of this Agreement).