Repurchase Value means the Fair Market Value in the event the award to be repurchased under Section 10.2 is comprised of shares of Common Stock and the difference between Fair Market Value and the Exercise Price (if lower than Fair Market Value) in the event the award is a Stock Option or Stock Appreciation Right; in each case, multiplied by the number of shares subject to the award.
Repurchase Value means the Fair Market Value if the award to be settled under Section 2.2(e) or repurchased under Section 5.2(k) or 9.2 is comprised of shares of Common Stock and the difference between Fair Market Value and the Exercise Price (if lower than Fair Market Value) if the award is a Stock Option or Stock Appreciation Right; in each case, multiplied by the number of shares subject to the award.
Repurchase Value means the Fair Market Value if the award to be settled under Section 2.2(e) or repurchased under Section 5.2(l) is comprised of shares of Common Stock and the difference between Fair Market Value and the exercise price (if lower than Fair Market Value) if the award is a Stock Option or Stock Appreciation Right; in each case, multiplied by the number of shares subject to the award. “Repurchase Value” if the award to be repurchased under Section 9.2 is comprised of shares of Common Stock shall mean the greater of the Fair Market Value or the value of such award based upon the price per share of Common Stock received or to be received by other shareholders of the Company in the event. “Repurchase Value” if the award to be repurchased under Section 9.2 is comprised of Stock Options or Stock Appreciation Rights shall mean the difference between the greater of (1) the Fair Market Value or the value of such award based upon the price per share of Common Stock received or to be received by other shareholders of the Company in the event and (2) the exercise price (if lower), multiplied by the number of shares subject to the award.
Examples of Repurchase Value in a sentence
The Committee may at any time, in its sole discretion, offer to repurchase a Stock Option previously granted, at a purchase price not to exceed the Repurchase Value, based upon such terms and conditions as the Committee shall establish and communicate to the Holder at the time that such offer is made.
Two payments shall be made in respect of the Promissory Note: (i) an amount equal to at least 95% of the estimated Repurchase Value (the "Initial Payment"); and (ii) an amount equal to the excess, if any, of the Repurchase Value over the Initial Payment (the "Post-Audit Payment").
Payment of the purchase price for an Interest (or portion thereof) shall consist of a non-interest-bearing and non-transferable promissory note (the "Promissory Note") in an amount equal to the net asset value of the Interest (or portion thereof) repurchased by the Fund determined as of the date of such repurchase (the "Repurchase Value").
Accordingly, we affirm the district court’s summary judgment ruling that August 1, 2007 is the proper date for determining the Interest Repurchase Value.
When the provisions of Sections 4.4(a) or 4.4(b) require repurchase of a Participation Interest in a Participated Pool RAL (such Participated Pool RAL being hereinafter referred to as an “Ineligible RAL”), HSBC TFS shall accept reassignment of such Participation by remitting to BFC an amount equal to the Applicable Percentage of the Repurchase Value of the Ineligible RAL as of the date of such repurchase.
More Definitions of Repurchase Value
Repurchase Value of a Participated Pool RAL at any time shall mean the Principal Amount of such Participated Pool RAL, less any Collections received with respect to such Participated Pool RAL.
Repurchase Value means, with respect to any New System, the greater of (a) the Fair Market Value of such New System (as determined under the Appraisal Procedure if Buyer and Seller cannot agree as to that Fair Market Value within ten (10) days), and (b) 100% of the Purchase Price for such New System until the first anniversary of Commissioning, declining by [*] on such first anniversary and on each anniversary of such date thereafter (for example, on the fourth anniversary of Commissioning, the Repurchase Value will decline to [*] of the Purchase Price), in each case as calculated as of the date that Seller becomes obligated to pay such amount to Buyer.
Repurchase Value means the greatest of the following:
(a) an amount equal to the product of (i) six multiplied by (ii) the Company’s Pro Forma Adjusted EBITDA (as defined in the Loan Agreement) for the 12-month period ended immediately prior to the date of the Repurchase Notice (based upon income statements reviewed by the Company’s independent certified public accountant for such period);
(b) an amount equal to the Market Value of the total number of then outstanding shares of Common Stock of the Company (assuming the conversion or exercise of all then outstanding securities convertible into, or exercisable for, shares of Common Stock, including this Warrant) as determined by a recognized valuation firm mutually selected by the Company and the Registered Holder; or
(c) an amount equal to the product of (i) six multiplied by (ii) the annual average of the Company’s Pro Forma Adjusted EBITDA for the 36-month period ended immediately prior to the date of the Repurchase Notice (based upon each of the quarterly income statements reviewed by the Company’s independent certified public accountant for such period).
Repurchase Value means, with respect to any Facility (including Underperforming Facilities), the greater of (a) the Fair Market Value of such Facility (as determined under the Appraisal Procedure if Buyer and Seller cannot agree as to that Fair Market Value within ten (10) days), and (b) 100% of the Aggregate Purchase Price for such Facility reduced, on each anniversary of the Commencement of Operations Date of such Facility commencing with the second such anniversary, in a straight-line manner by a value equal to the fraction of (i) 1, over (ii) the term of the applicable ESA plus [***] ([***]), examples of which are set forth on Schedule 1.2.
Repurchase Value means, with respect to any Unit at any certain time, the greater of (x) the amount of the Capital Contribution of such Unit which has not previously been returned to the Holder thereof in Distributions to the Holder of such Unit, and (y) the aggregate amount that would be distributed to the Holder thereof based upon the Total Equity Value.
Repurchase Value as determined under the Award Agreement shall be determined without regard to minority, lack of liquidity or marketability or similar discounts; (iii) Holdings will allow the Executive to participate in any equity issuance for which the preemptive rights under Section 11.5 of the Holdings LLCA applies on a “look-through” basis as if he had held the Award directly in Holdings; and (iv) the piggyback registration rights provided under Section 12.3 of the Holdings LLCA that apply with respect to the underlying Profits Interests (as defined in the Holdings LLCA) to which the Award relates shall be exercised by Wheels Up MIP (or Holdings in its capacity as managing member of Wheels Up MIP) at the direction of the Executive and corresponding effect shall be given to the Award upon the exercise of such rights.
Repurchase Value as of any date and in respect to any shares of Stock means 1.5 times the Fair Market Value per share calculated pursuant to subparagraph (e) hereof.