Common use of Closing Price Clause in Contracts

Closing Price. (a) If the primary market for the security in question is a national securities exchange registered under the Exchange Act, the National Association of Securities Dealers Automated Quotation System -- National Market System, or other market or quotation system in which last sale transactions are reported on a contemporaneous basis, the last reported sales price, regular way, of such security for such day, or, if there has not been a sale on such trading day, the highest closing or last bid quotation therefor on such trading day (excluding, in any case, any price that is not the result of bona fide arm's length trading); or

Appears in 6 contracts

Samples: Warrant Purchase Agreement (Seacoast Capital Partners LTD Partnership), Shareholder Agreement (Jotan Inc), Warrant Purchase Agreement (Massic Tool Mold & Die Inc)

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Closing Price. (a) If the primary market for the security in question is a national securities exchange registered under the Exchange Act, the National Association of Securities Dealers Automated Quotation System -- National Market System, Act or other market or quotation system in which last sale transactions are reported on a contemporaneous basis, then the last reported sales price, regular way, of such security for such day, or, if there has not been a sale on such trading day, then the highest closing or last bid quotation therefor on such trading day (excluding, in any case, any price that is not the result of bona fide arm's length tradingtransaction); or

Appears in 2 contracts

Samples: Shareholders Agreement (Fresh America Corp), Shareholders Agreement (Fresh America Corp)

Closing Price. (a) If the primary market for the security in question is a national securities exchange registered under the Exchange Act, the Nasdaq β€” National Association of Securities Dealers Automated Quotation System -- National Market SystemMarket, or other market or quotation system in which last sale transactions are reported on a contemporaneous basis, the last reported sales price, regular way, of such security for such day, or, if there has not been a sale on such trading day, the highest closing or last bid quotation therefor on such trading day (excluding, in any case, any price that is not the result of bona fide arm's ’s length trading); or

Appears in 1 contract

Samples: Warrant Purchase Agreement (Kenan Advantage Group Inc)

Closing Price. (a) If the primary market for the security in question is a national securities exchange registered under the Exchange Act, the National Association of Securities Dealers Automated Quotation System -- National Market System, or other market or quotation system in which last sale transactions are reported on a contemporaneous basis, the last reported sales price, regular way, of such security for such day, or, if there has not been a sale on such trading day, the highest closing or last bid quotation therefor on such trading day (excluding, in any case, any price that is not the result of bona fide arm's arm;s length trading); or

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (It Partners Inc)

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Closing Price. (a) If the primary market for the security in question is a national securities exchange registered under the Exchange Act, the National Association of Securities Dealers Automated Quotation System -- National Market System, Act or other market or quotation system in which last sale transactions are reported on a contemporaneous basis, the last reported sales price, regular way, of such security for such day, or, if there has not been a sale on such trading day, the highest closing or last bid quotation therefor on such trading day (excluding, in any case, any price that is not the result of bona fide arm's length trading); or

Appears in 1 contract

Samples: Stock Purchase Agreement (RSTW Partners Iii Lp)

Closing Price. (a) If the primary market for the security in question is a national securities exchange registered under the Exchange Act, the National Association of Securities Dealers Automated Quotation System -- National Market System, or other market or quotation system in which last sale transactions are reported on a contemporaneous basis, the last reported sales price, regular way, of such security for such day, or, if there has is not been a sale on such trading day, the highest closing or last bid quotation quotations therefor on such trading day (excluding, in any case, any price that is not the result of bona fide arm's length trading)day; or

Appears in 1 contract

Samples: Warrant Purchase Agreement (Ultrak Inc)

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