Closing Prices Sample Clauses

Closing Prices. (i) Following delivery of the notices contemplated by Section 2.5(a)(i), Section 2.5(b)(i) and Section 2.5(c)(i), the Parties and their Representatives (including legal counsel and accountants) shall be permitted access at all reasonable times to the personnel, properties and books and records of SPP Refining, NT Retail and NT Bakery and their respective working papers for the purpose of conducting the physical inventory and preparing the Closing Prices. On or prior to the thirtieth (30th) Business Day following receipt by NTI of each of the Closing Statements (with respect to each such Closing Statement, the “Objection Period”), NTI shall deliver to MPC either a notice indicating that NTI accepts such Closing Statement (a “Notice of Acceptance”) or a written statement specifying those items or amounts with which NTI disagrees in such Closing Statement (a “Notice of Disagreement”). If NTI delivers to MPC a Notice of Acceptance, or NTI does not deliver a Notice of Disagreement on or prior to the last day of the Objection Period, then effective as of the earlier of the date of delivery of such Notice of Acceptance or the last day of the Objection Period, such Closing Statement shall be deemed to be a Final Closing Statement, and the determination contained therein shall be final, binding and conclusive upon the Parties. If NTI timely delivers a Notice of Disagreement with respect to a Closing Statement, only those matters specified in such Notice of Disagreement shall be deemed to be in dispute, and all other matters included in such Closing Statement shall be final, binding and conclusive upon the Parties and not subject to any further challenge on any ground for any purpose, except for instances of fraud and/or manifest error. The objections set forth in a Notice of Disagreement shall be resolved as follows:
Sample 1

Related to Closing Prices

  • Closing Price Closing Price shall mean the last reported market price for one share of Common Stock, regular way, on the New York Stock Exchange (or any successor exchange or stock market on which such last reported market price is reported) on the day in question. If the exchange is closed on the day on which the Closing Price is to be determined or if there were no sales reported on such date, the Closing Price shall be computed as of the last date preceding such date on which the exchange was open and a sale was reported.

  • BID PRICES 3.1 Bidders must state in the Attribute Section if the bid prices will remain firm for the full contract period; or if the bid prices will be subject to escalation/de-escalation.

  • Sale Price (a) As consideration for the sale of the CEF Assets pursuant to Section 2.1 hereof, the Purchaser shall pay to the applicable Seller on the Closing Date, the CEF Purchase Price for the CEF Assets sold and transferred by such Seller to the Purchaser on the Closing Date. The CEF Purchase Price for the sale of CEF Assets shall be an amount equal to the fair market value thereof as agreed upon by the Purchaser and the applicable Seller prior to such sale.

  • Current Market Price For the purpose of any computation under Paragraph 4.2 and 3 of this Section 4, the Current Market Price per share of Common Stock on any date shall be deemed to be the average of the daily closing prices for the 30 consecutive trading days commencing 45 trading days before such date. The closing price for each day shall be the last reported sales price regular way or, in case no such reported sale takes place on such day, the closing bid price regular way, in either case on the principal national securities exchange on which the Common Stock is listed or admitted to trading or, if the Common Stock is not listed or admitted to trading on any national securities exchange, the highest reported bid price as furnished by the National Association of Securities Dealers, Inc. through NASDAQ or similar organization if NASDAQ is no longer reporting such information, or by the Pink Sheets, LLC or similar organization if the Common Stock is not then quoted on an inter-dealer quotation system. If on any such date the Common Stock is not quoted by any such organization, the fair value of the Common Stock on such date, as determined in good faith by the Company's Board of Directors, shall be used.

  • Market Price as of any date, (i) means the average of the last reported sale prices for the shares of Common Stock on the OTCBB for the five (5) Trading Days immediately preceding such date as reported by Bloomberg, or (ii) if the OTCBB is not the principal trading market for the shares of Common Stock, the average of the last reported sale prices on the principal trading market for the Common Stock during the same period as reported by Bloomberg, or (iii) if market value cannot be calculated as of such date on any of the foregoing bases, the Market Price shall be the fair market value as reasonably determined in good faith by (a) the Board of Directors of the Company or, at the option of a majority-in-interest of the holders of the outstanding Warrants by (b) an independent investment bank of nationally recognized standing in the valuation of businesses similar to the business of the corporation. The manner of determining the Market Price of the Common Stock set forth in the foregoing definition shall apply with respect to any other security in respect of which a determination as to market value must be made hereunder.

  • Market Value Adjustment This transaction is allowed only once for each maturity date, regardless of whether the transfer or withdrawal is partial or full.

  • Measurements and arithmetic conventions All measurements and calculations shall be in the metric system and calculations done to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5 (five) being rounded down.

  • Target Fair Market Value The Company agrees that the Target Business that it acquires must have a fair market value equal to at least 80% of the balance in the Trust Account at the time of signing the definitive agreement for the Business Combination with such Target Business (excluding taxes payable and the Deferred Underwriting Commissions). The fair market value of such business must be determined by the Board of Directors of the Company based upon standards generally accepted by the financial community, such as actual and potential sales, earnings, cash flow and book value. If the Board of Directors of the Company is not able to independently determine that the target business meets such fair market value requirement, the Company will obtain an opinion from an independent investment banking firm or another independent entity that commonly renders valuation opinions with respect to the satisfaction of such criteria. The Company is not required to obtain an opinion as to the fair market value if the Company’s Board of Directors independently determines that the Target Business does have sufficient fair market value.

  • Prices Prices for the sale of food, non-alcoholic beverages, and novelty items shall be submitted to and approved by Department in writing before any proposed price can become effective. Proposed prices to be charged must be submitted in writing to Department and approved, in writing, by Department prior to commencement of any Period of Operation. All prices shall remain in effect unless otherwise modified and re-approved in writing by Department. All changes in pricing will require the submission of a new price list for all items (not just those being changed) and a written justification for each item Concessionaire is requesting Department’s approval to change or modify. No price changes are to take effect without the written pre-approval of Department. All prices shall be properly displayed in prominent places at all times. Price signage must be professional in appearance, neat, and made of weather-proof materials.

  • Unit Prices If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a Change Order that application of the agreed unit prices to the quantities of work proposed will cause substantial inequity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted as provided in the Special Conditions or as agreed to by the parties and incorporated into the Change Order.