Third Repricing Period definition

Third Repricing Period shall commence on the day immediately following the Second Repricing Period and end thirty (30) days thereafter. If the average Closing Bid Price for any five (5) Business Days (not necessarily consecutive) during the Third Repricing Period (the "Third Repricing Price"), is not equal to or greater than 117% of the Initial Closing Price, then Purchaser may request that up to one-third (1/3) of the Initial Shares be repriced (the "Third Repriced Shares"). Purchaser shall provide facsimile notice to the Company within three (3) Business Days of the end of the Third Repricing Period of the number of the Third Repriced Shares, if any, that Purchaser wishes to reprice. Upon receipt of facsimile notice that Purchaser wishes reprice some or all of the Third Repriced Shares, the Company may elect to issue to Purchaser the number of additional Shares as determined according to the following formula:
Sample 1
Third Repricing Period shall commence on the day immediately following the Second Repricing Period and end thirty (30) days thereafter. If the lowest average Closing Bid Price for any ten (10) (not necessarily consecutive) Business Days during the Third Repricing Period (the "Third Repricing Price"), is not equal to or greater than 125% of the Initial Closing Price, one-fourth (1/4) of the Initial Shares shall be repriced (the "Third Repriced Shares"). The Company shall issue to Purchaser the number of additional Shares as determined according to the following formula: ((1.25 x Initial Closing Price) - Third Repricing Price) x (# of the Third Repriced Shares) / Third Repricing Price.
Sample 1
Third Repricing Period shall commence on the day immediately following the Second Repricing Period and end twenty (20) Business Days thereafter. If the average Closing Bid Price for the twenty (20) Business Days during the Third Repricing Period (the "Third Repricing Price"), is not equal to or greater than [$5.263 x. 1.32], then the Purchaser may request that up to 200,000 Shares shall be repriced (the "Third Repriced Shares"). The Company shall issue to Purchaser the number of additional Shares as determined according to the following formula: ((5.263 x 1.32 - Third Repricing Price) x (200,000)/ Third Repricing Price)
Sample 1

Examples of Third Repricing Period in a sentence

  • The "Third Repricing Period" shall commence on the day immediately following the Second Repricing Period and end twenty (20) Business Days thereafter.

  • If the lowest average Closing Bid Price for any five (5) Business Days (not necessarily consecutive) during the Third Repricing Period (the "THIRD REPRICING PRICE"), is not equal to or greater than 130% of the Initial Closing Price, one-third (1/3) of the Initial Shares shall be repriced (the "THIRD REPRICED SHARES").

  • If the average Closing Bid Price for any twenty (20) Business Days (not necessarily consecutive) during the Third Repricing Period (the "Third Repricing Price"), is not equal to or greater than 121% of the Initial Closing Price, then the Purchasers may request that up to one-third (1/3) of the Initial Shares be repriced (the "Third Repriced Shares").

  • The number of shares of Common Stock issuable as Repriced Shares may increase substantially in certain circumstances, including, but not necessarily limited to, the circumstance wherein the trading price of the Common Stock declines during the period between the Effective Date and the end of the Third Repricing Period.

  • The Purchasers shall provide a Repricing Notice to the Company within three (3) Business Days of the end of the Third Repricing Period of the number of the Third Repriced Shares, if any, that the Purchasers wish to reprice.

  • If the average Closing Bid Price for the twenty (20) Business Days during the Third Repricing Period (the "Third Repricing Price"), is not equal to or greater than [$5.263 x.

  • Because the foregoing waivers will preclude the assignment of any claim by way of subrogation to an insurance company or any other person, each party shall immediately notify its insurer, if required by such insurer, in writing, of the terms of these mutual waivers and have their insurance policies endorsed, if necessary, to prevent the invalidation of the insurance coverage because of these waivers.

  • If the average of the lowest five (5) Closing Bid Prices (not necessarily consecutive) for the twenty (20) Business Days during the Third Repricing Period (the "THIRD REPRICING PRICE"), is not equal to or greater than $3.76, then the Purchaser may request that up to 444,445 Shares shall be repriced.

  • Purchaser shall provide facsimile notice to the Company within three (3) Business Days of the end of the Third Repricing Period of the number of the Third Repriced Shares, if any, that Purchaser wishes to reprice.

  • The Investor shall provide facsimile notice to the Company within seventy-two (72) hours of the end of the Third Repricing Period concerning the number of Initial Shares, if any, that the Investor wishes to reprice.


More Definitions of Third Repricing Period

Third Repricing Period means the period commencing 181 days following the Issuance Date and concluding 210 days following the Issuance Date.
Sample 1

Related to Third Repricing Period

  • Draw Down Pricing Period means, with respect to each Draw Down, a period of eight (8) consecutive Trading Days beginning on the first Trading Day specified in a Draw Down Notice.

  • Repricing Event has the meaning specified in Section 2.10(a)(ii).

  • Repricing Transaction the prepayment, refinancing, substitution or replacement of all or a portion of the Initial Term Loans (including, without limitation, as may be effected through any amendment, waiver or modification to this Agreement relating to the interest rate for, or weighted average yield of, the Initial Term Loans), (a) if the primary purpose of such prepayment, refinancing, substitution, replacement, amendment, waiver or modification is (as reasonably determined by the Parent Borrower in good faith) to refinance the Initial Term Loans at a lower “effective yield” (taking into account, among other factors, margin, upfront or similar fees or original issue discount shared with all providers of such financing, but excluding the effect of any arrangement, commitment, underwriting, structuring, syndication or other fees payable in connection therewith that are not shared with all providers of such financing, and without taking into account any fluctuations in the Adjusted LIBOR Rate, but including any LIBOR floor or similar floor that is higher than the then Adjusted LIBOR Rate), (b) if the prepayment, refinancing, substitution, replacement, amendment, waiver or modification is effectuated by the incurrence by the Parent Borrower or any Subsidiary of new Indebtedness, such new Indebtedness is first lien secured bank financing, and (c) if such prepayment, refinancing, substitution, replacement, amendment, waiver or modification results in first lien secured bank financing having an “effective yield” (as reasonably determined by the Administrative Agent, in consultation with the Parent Borrower, consistent with generally accepted financial practices, after giving effect to, among other factors, margin, upfront or similar fees or original issue discount shared with all providers of such financing (calculated based on assumed four-year average life and without present value discount), but excluding the effect of any arrangement, commitment, underwriting, structuring, syndication or other fees payable in connection therewith that are not shared with all providers of such financing, and without taking into account any fluctuations in the Adjusted LIBOR Rate, but including any LIBOR floor or similar floor that is higher than the then applicable Adjusted LIBOR Rate) that is less than the “effective yield” (as reasonably determined by the Administrative Agent, in consultation with the Parent Borrower, on the same basis) of the Initial Term Loans prior to being so prepaid, refinanced, substituted or replaced or subject to such amendment, waiver or modification to this Agreement.

  • Extended Term Loan Repayment Amount shall have the meaning provided in Section 2.5(c).

  • Initial Term Loan Repayment Amount shall have the meaning provided in Section 2.5(b).

  • Pricing Period means the five (5) consecutive Trading Days after the Advance Notice Date.

  • Financing Period means the number of calendar days from, but excluding, the immediately preceding Reset Date to, and including, the current Reset Date.

  • Second Extension Period means a period of twelve (12) consecutive months following the First Extended Maturity Date.

  • Extended Term Loan shall have the meaning assigned to such term in Section 2.21(e).

  • Extended Reporting Period means a designated period of time after a claims-made policy has expired during which a claim may be made and coverage triggered as if the claim has been made during the policy period.

  • Term Loan Termination Date means the earlier to occur of (a) the Term Loan Maturity Date and (b) the acceleration of the Term Loans in accordance with the terms hereof.

  • Term Year means a 12-month period beginning on the first day of the Term and each successive 12-month period thereafter.

  • Initial Term Loan shall have the meaning provided in Section 2.1(a).

  • Extended Term Loans has the meaning specified in Section 2.15(a).

  • Resolution Extension Period As defined in Section 2.03(b).

  • Initial Term Loans means the term loans made by the Lenders on the Closing Date to the Borrower pursuant to Section 2.01(a).

  • Delayed Draw Term Loan Commitment Termination Date means the earliest to occur of (i) December 31, 2008, (ii) the date the Delayed Draw Term Loan Commitments are permanently reduced to zero pursuant to Section 2.1, and (iii) the date of the termination of the Delayed Draw Term Loan Commitments pursuant to Section 11.1.

  • Mid-Month Receipt Period With respect to each Distribution Date, the one month period beginning on the Determination Date (or, in the case of the first Distribution Date, from and including the Cut-Off-Date) occurring in the calendar month preceding the month in which such Distribution Date occurs and ending on the day preceding the Determination Date immediately preceding such Distribution Date.

  • REO Disposition Period As defined in Section 3.14. REO Proceeds: Proceeds, net of any related expenses of the Servicer, received in respect of any REO Property (including, without limitation, proceeds from the rental of the related Mortgaged Property) which are received prior to the final liquidation of such Mortgaged Property.

  • Prepayment Premium Period means the period during which, if a prepayment of principal occurs, a prepayment premium will be payable by Borrower to Lender. The Prepayment Premium Period is the period from and including the date of this Note until but not including the first day of the Window Period.

  • Initial Required Registration Amount means (I) the sum of (i) the number of Common Shares and (ii) the maximum number of Warrant Shares issued and issuable pursuant to the Warrants, without regard to any limitations on exercise of the Warrants or (II) such other amount as may be permitted by the staff of the SEC pursuant to Rule 415.

  • Principal Prepayment Period The month preceding the month in which the related Remittance Date occurs.

  • Wind-Down Period is defined in Section 12.5 of this Agreement.

  • Extended Termination Date has the meaning specified in Section 2.16(c).