Determination of Shares. In each Calendar Year, the Parties shall take and receive the following shares of every grade and quality of Petroleum as and when it is delivered at the Field Export Point:
Determination of Shares. For purposes of this Agreement, the Shares ----------------------- owned by the Investor shall be determined as follows: (i) any shares of preferred stock shall be treated as the number of shares of common stock into which such shares are convertible, and (ii) any warrants that the Investor owns entitling it to acquire shares of common stock of the Company shall be treated as such underlying shares of common stock. With respect to (ii) of the preceding sentence, the Investor shall be entitled to exercise any then existing warrant in accordance with its terms prior to or simultaneously with giving the notice required under section 3 above.
Determination of Shares. For purposes of this Agreement, the requisite number of shares of Series A Stock and/or Series B Stock and/or Conversion Stock and/or Incentive Stock required to be held by a Shareholder to qualify for any particular rights set forth in this Agreement shall be adjusted proportionately to reflect any subdivision, combination or stock dividend affecting the outstanding number of shares of such Stock effected after the date of this Agreement.
Determination of Shares. 1. In "Step One", there shall be determined how many shares of Series B Preferred Stock are issuable to the Investors prior to giving effect to any portion of the Rights Offering. In Step One, the amount of shares of Series B Preferred Stock issuable to the Investors is equal to NBS(1). The tax analysis means that we have to satisfy two tests, a value test and a voting test, to ensure that the TCV Affiliates and the SH Affiliates together do not own more than 47% of the outstanding shares of the Company or more than 47% of the value of the outstanding shares of the Company immediately after giving effect to Step One (but before giving effect to Step Two or Step Three). Therefore, the number of shares issuable to the Investors together in Step One, and the final "NBS(1)" for purposes of the remaining provisions hereof, is the lesser of the two possible values of) NBS(1) determined pursuant to the formulae set forth below.) VOTING TEST ----------- (BST + (NBS(1))/ = Cushion (or 47%) (SOLVE FOR NBS)(1) (TSO + (NBS)(1)) VALUE TEST ---------- [(BST*CS) + (NBS(1)*VTP)]/ = Cushion (or 47%) (SOLVE FOR NBS)1 [(TSO*CS) + (NBS(1)*VTP)]
Determination of Shares. For purposes of this Section 10, the term "Shares" shall mean all shares of Common Stock issued by the Company other than shares of Common Stock issued or deemed to be issued:
Determination of Shares. The number of the shares subject to this proxy at the time of its execution is 7,808,645 shares of Common Stock. FFH shall give the Trustee notice of any change in the number of the shares subject hereto as promptly as practicable and, in any event, within 10 days of such a change.
Determination of Shares. The number of shares of Parent Common ----------------------- Stock subject to Parent Replacement Options for each optionee shall be equal to the number of shares of Parent Common Stock subject to unexercised Parent options held by such optionee on the Spin-Off Date. The number of shares of PG&E Common Stock subject to PG&E Replacement Options for each optionee shall be equal to the number of shares of Parent Common Stock subject to unexercised Parent options held by such optionee on the Spin-Off Date.
Determination of Shares. The number of the shares subject to this proxy at the time of its execution is 1,986,953 shares of Convertible Preferred Stock and 1,294,308 shares of Common Stock. Berkshire shall give the Bank notice of any change in the number of the shares subject hereto as promptly as practicable and, in any event, within 10 days of such a change.
Determination of Shares. The number of shares of common stock of the Purchaser issued pursuant to each of clauses (iii), (iv), (v), and (vi) of Section 1.2(a) (collectively, the “Installment Stock”) shall be calculated as follows: (1) $1,250,000.00 (which is 50% of the portion of the Purchase Price set forth under each such clause and payable in shares of OrthoPediatrics Stock), divided by (2) the volume-weighted average price over the thirty (30) trading days ending on the second Business Day prior to the applicable Anniversary Date, as reported by Bloomberg, L.P. In the event the shares of OrthoPediatrics Stock (or the common stock of any successor entity subject to the applicable undertakings hereunder following a Change of Control) are no longer listed on Nasdaq or another national securities exchange, the payments to be paid through issuance of shares of common stock shall be payable only in cash. The Purchaser will cause the Pro Rata Portion of Installment Stock to be entered in each Seller’s name in the books and records of the Purchaser’s duly authorized transfer agent, as of each applicable Anniversary Date, subject to the restrictions set forth in Section 8.2.
Determination of Shares
