Initial Fixed Price definition

Initial Fixed Price means those prices set forth in sections 1.1(44)(a), 1.1(44)(b) and 1.1(44)(c) of the definition of Fixed Price.
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Initial Fixed Price means, with respect to (A) Preferred Shares issued on the Initial Issuance Date (I) on any date prior to the Fixed Conversion Price Trigger Date, $4.00 and (II) on any Conversion Date on or after the Fixed Conversion Price Trigger Date, the lesser of the average of the Closing Bid Prices for the Common Stock during the 20 consecutive trading days immediately preceding (y) the Fixed Conversion Price Trigger Date and (z) the date which is 180 days after the Initial Issuance Date or (B) Preferred Shares issued after the Initial Issuance Date, the average of the Closing Bid Prices of the Common Stock during the five consecutive trading days immediately preceding the Put Share Notice Date (as defined in the Securities Purchase Agreement), subject in each case to adjustment as provided herein. Notwithstanding the foregoing, should there occur one or more Excluded Redemption Events (as defined in Section 3) which results in a change to the Initial Fixed Price of the Preferred Shares as in effect immediately prior to the occurrence of such Excluded Redemption Events pursuant to Section 3, the Initial Fixed Price shall mean the lesser of ((alpha)) the Initial Fixed Price as defined above and ((beta)) the Initial Fixed Price following such Excluded Redemption as determined pursuant to Section 3.
Sample 1

Examples of Initial Fixed Price in a sentence

  • For purposes of determining the adjusted Initial Fixed Price under this Section 2(d)(i), the following terms have the meanings set forth below: (I) "Approved Stock Plan" shall mean any contract, plan or agreement which is approved by the Board of Directors of the Company, pursuant to which the Company's securities (including stock appreciation rights, phantom stock rights or other rights with equity features) may be issued to any employee, officer, director, consultant or other service provider.

  • At least ninety (90) days prior to the end of the Initial Fixed Price Period (and any Subsequent Fixed Price Period) for each Sipex Product, the Parties shall, subject to Section 2.7(d), commence good faith negotiations to set the Fixed Wafer Price for the relevant Sipex Product for a period of at least one year (each such subsequent period a "Subsequent Fixed Price Period") following the initial Fixed Price Period or any Subsequent Fixed Price Period, as the case may be.

  • The Fixed Wafer Price for any Subsequent Fixed Price Period shall not change by more than [+] of the Fixed Wafer Price for the Initial Fixed Price Period or prior Subsequent Price Period, as the case may be.

  • The Fixed Wafer Price for each Sipex Product ordered by Sipex is set forth on Exhibit C-1 and shall be fixed for such Sipex Product for [+] years from the first commercial supply of such Sipex Product by Silan to Sipex hereunder (such period for each Sipex Product the "Initial Fixed Price Period").

Related to Initial Fixed Price

  • Fixed Price means the fixed prices for ancillary Services as may be agreed by the Parties and set out in the SOW; FOIA means the Freedom of Information Xxx 0000 and any subordinate legislation made under that Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation;

  • Fixed price contract means a contract that provides a price, for each

  • Benchmarked Price means the higher of:

  • Initial Price or “Initial Offer” means the price per Unit on the first day of the Initial Period determined by the Management Company.

  • Initial Unit Price means (a) with respect to the Common Units and the Subordinated Units, the initial public offering price per Common Unit at which the Underwriters offered the Common Units to the public for sale as set forth on the cover page of the prospectus included as part of the Registration Statement and first issued at or after the time the Registration Statement first became effective or (b) with respect to any other class or series of Units, the price per Unit at which such class or series of Units is initially sold by the Partnership, as determined by the General Partner, in each case adjusted as the General Partner determines to be appropriate to give effect to any distribution, subdivision or combination of Units.

  • Quoted Price of the Common Stock means the last reported sale price of the Common Stock on the Nasdaq National Market, or, if the Common Stock is listed on a national securities exchange, then on such exchange, or if the Common Stock is not quoted on Nasdaq National Market or listed on an exchange, the average of the last bid and asked price on the National Association of Securities Dealers Automated Quotation System.

  • Approved Price means the "fair value" as determined by the Trust in accordance with the valuation procedures adopted from time to time by the Board of Trustees of the Trust and for which the Trust receives a marked-to-market price (which, for the purpose of clarity, shall not mean Market Value) from an independent source at least semi-annually.

  • Adjusted Price means the Unit Price, for a particular Pharmaceutical in any Relevant Period, divided by two;

  • Specified Price has the meaning given in clause 3.3(b)(ii);

  • Minimum Purchase Price has the meaning set forth in Section 2.04.

  • Reset Price means the greater of (i) 50% of the Initial Exercise Price (as adjusted for share splits, share dividends, recapitalizations and similar events pursuant to Section 3(a) hereof) and (ii) 100% of the lowest VWAP occurring on any day between the Initial Exercise Date and ninety (90) calendar days following the Issuance Date; provided that the Reset Price shall in no event be less than a floor price of 50% of the Initial Exercise Price.

  • Ask Price means the price at which the Company is willing to sell a CFD.

  • Transfer Price has the meaning set forth in Section 2.01.

  • Initial Share Price for a Share means the Closing Price on the Exchange (or where such Exchange does not announce or publish a Closing Price, the last traded price, or, if necessary, the mid-market price) for that Share on the Initial Valuation Date, subject to adjustments that may be made pursuant to “DESCRIPTION OF THE NOTES – Adjustments and Exceptional Circumstances”.

  • The Price means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations.

  • Re-Price means that the Company has lowered or reduced the Exercise Price of outstanding Options and/or outstanding SARs for any Participant(s) in a manner described by SEC Regulation S-K Item 402(d)(2)(viii) (or as described in any successor provision(s) or definition(s)).

  • Net Price means, with respect to the purchase of any Property, without duplication, (i) the aggregate purchase price paid as cash consideration for such purchase (without adjustment for prorations), including, without limitation, the principal amount of any note received or other deferred payment to be made in connection with such purchase (except as described in clause (ii) below) and the value of any non-cash consideration delivered in connection with such purchase (including, without limitation, shares or preferred shares of beneficial interest in General Partner and OP Units or Preferred OP Units (as defined in Borrower’s partnership agreement)) plus (ii) reasonable costs of sale and non-recurring taxes paid or payable in connection with such purchase or sale.

  • Offered Price has the meaning set forth in Section 4.17.

  • Strip Price means, at any time, (a) for the remainder of the then-current calendar year, the average NYMEX Pricing for the remaining months in such calendar year, (b) for each of the succeeding three complete calendar years, the average NYMEX Pricing for the twelve months in each such calendar year, and (c) for the succeeding fourth complete calendar year and each calendar year thereafter, the average NYMEX pricing for the twelve months in such fourth calendar year.

  • 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.

  • Exchange Price means as of any date, $1,000, divided by the Exchange Rate as of such date.

  • Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

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

  • SAFE Price means the price per share equal to (x) the Valuation Cap divided by (y) the Fully Diluted Capitalization.