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

  • If Customer is receiving natural gas or electric generation supply service at a Fixed Price, Customer will be billed at the Fixed Price indicated on the first page of this Agreement for the Initial Fixed Price Term, subject, among other things, to Section 5(e) and Section 18 of this Agreement.

  • 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").

  • Unless otherwise agreed to by Customer and Marathon, if Customer is receiving supply service under a fixed price or an index price, upon completion of the Initial Fixed Price Term or Initial Index Price Term, this Agreement will automatically continue at a variable rate methodology unless and until this Agreement is terminated by customer.

  • 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.

  • If Customer is receiving natural gas or electric generation supply service at a Fixed Price, Customer will be billed at the Fixed Price indicated on the first page of this Agreement for the Initial Fixed Price Term, subject, among other things, to Section 5(f) and Section 18 of this Agreement.

  • At least 30 days, and no more than 60 days, prior to the end of the Initial Index Price Term of Initial Fixed Price Term, as applicable, Marathon will notify Customer in writing and/or by email of the switch to a variable rate methodology at which Marathon will continue to serve Customer.

  • In addition, if Customer terminates this Agreement prior to the end of the Initial Fixed Price Term or Initial Index Price Term, Customer shall pay Marathon all outstanding gas and/or electric supply charges and other amounts owing to Marathon as well all reasonable attorneys' fees and expenses incurred by Marathon in connection with Marathon's attempt to collect and recover same.

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;

  • Lowest Submitted Price means the lowest price quoted in a bid, which is otherwise not substantially responsive;

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

  • Benchmarked Price means the higher of:

  • Initial Forward Price [⚫]% of the volume weighted average price at which the Shares are sold through the Agent acting as forward seller for Dealer pursuant to the Equity Distribution Agreement (assuming that the Agent sold such Shares in a commercially reasonable manner that reflects prevailing market prices) during the period from and including the Trade Date through and including the Hedge Completion Date, adjusted by the Calculation Agent in a commercially reasonable manner to (x) reflect on each day during such period the sum of 1 and the Daily Rate for such day multiplied by the then-Initial Forward Price as of such day and (y) reduce the then-Initial Forward Price by the relevant Forward Price Reduction Amount on each Forward Price Reduction Date occurring on or before the Hedge Completion Date. Forward Price: (a) On the Hedge Completion Date, the Initial Forward Price; and

  • 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 Common Units were first offered to the public for sale as set forth on the cover page of the IPO Prospectus 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 means, with respect to each Loan Asset as of any date, the net value (expressed as a percentage of the Outstanding Principal Balance) of such Loan Asset quoted by a Nationally Recognized Valuation Firm selected by the Agent and valuing such Loan Asset.

  • 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 price of the relevant Underlying Reference determined by the Calculation Agent by reference to the price obtained by unwinding any underlying related hedging arrangements in respect of the relevant Security during the Unwinding Time Period immediately following the relevant Reset Event Determination Time ;

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

  • 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)).

  • Resale Price means the price at which Seller, acting in a commercially reasonable manner, sells or is paid for a Rejected Purchase, plus transaction and other administrative costs reasonably incurred by Seller in re-selling such Rejected Purchase; provided, however, that in no event shall Seller be required to utilize or change its utilization of the Facility or its other assets, contracts or market positions in order to minimize Buyer’s liability for such Rejected Purchase.

  • Net Price as defined in Section 2, Definitions, of Attachment 2, Scope of Work, is hereby deleted in its entirety and replaced with the following: Net Price - The final price paid by the Customer after applying all MSRP discounts and MSRP Credits. The Net Price for Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components shall include all charges for the Commodity, including but not limited to packing, handling, freight, distribution, transportation, startup, pre-delivery, delivery, inspection, installation, construction, assembly, title, and registration. The Contractor may include shipping charges for OEM and Non-OEM Options, Parts, Accessories, and Implements that the customer orders separately from the Base Equipment. Additional charges for a Commodity shall not be charged outside of the Net Price unless expressly authorized within the Scope of Work.

  • Offered Price has the meaning set forth in Section 4.5.

  • 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;