5(b)(vi) Measurement Period definition

5(b)(vi) Measurement Period means the seven trading days following the day the Company publicly announces the final settlement of the Securities and Exchange Commission Investigation if such public announcement is made after 4:00 P.M., New York time; provided, that if such public announcement is made before 4:00 P.M., New York time, “5(b)(vi) Measurement Period” means the period beginning on the day such announcement is made and ending on the sixth trading day thereafter.

Examples of 5(b)(vi) Measurement Period in a sentence

  • If the Company elects to redeem the Series B Preferred Stock pursuant to Section 4(b), written notice of such election must be mailed to each record holder within 2 Business Days after the last day of the 5(b)(v) Measurement Period or the 5(b)(vi) Measurement Period, as applicable.

  • In addition to any adjustments to the Conversion Price required hereunder, if 105% of the Average Market Price for the 5(b)(vi) Measurement Period is less than the Conversion Price otherwise in effect on the last day of the 5(b)(vi) Measurement Period, the Conversion Price shall be decreased to an amount equal to 105% of such Average Market Price.

Related to 5(b)(vi) Measurement Period

  • Applicable Measurement Period means the most recently completed four consecutive fiscal quarters of the Issuer immediately preceding the Applicable Calculation Date for which internal financial statements are available.

  • Performance Measurement Period has the meaning set forth in Section 3.1(e)(ii).

  • Measurement Period means, at any date of determination, the most recently completed four fiscal quarters of the Borrower.

  • Baseline Period means the 12-month period immediately preceding October 30, 2016.

  • Adjustment Period means the period from the Effective Date up to and including the Expiry Time;

  • Daily Measurement Value means the Specified Dollar Amount (if any), divided by 40.

  • Measurement Date has the meaning set forth in Section 3.3(a).

  • Ramp-Up Period means the period from and including the Effective Date to, but excluding, September 23, 2016.

  • Earn-Out Period has the meaning set forth in Section 2.6.1.

  • Earnout Period has the meaning set forth in Section 2.5(a)(iii).

  • 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.

  • Run-Out Period means a period after the close of a Plan Year or other period during which Participants in a flexible spending arrangement (FSA) may request reimbursement for expenses incurred during the Period of Coverage.

  • Consolidated Total Net Leverage Ratio means, with respect to any Test Period, the ratio of (a) Consolidated Total Net Debt as of the last day of such Test Period to (b) Consolidated EBITDA for such Test Period.

  • Adjusted Consolidated EBITDA means, with respect to the Borrower and the Subsidiaries on a consolidated basis for any period, the Consolidated Net Income of the Borrower and the Subsidiaries for such period plus

  • Settlement Period has the meaning specified therefor in Section 2.02(d)(i) hereof.

  • Event Period shall have the meaning assigned to such term in Section 7.2 hereof.

  • Adjusted EBITDA Margin means Adjusted EBITDA divided by operating revenue;

  • SONIA Compounded IndexStart means, with respect to an Interest Accrual Period, the SONIA Compounded Index determined in relation to the day falling the Relevant Number of London Banking Days prior to the first day of such Interest Accrual Period; and

  • Adjusted EPS means earnings per share further adjusted for share-based payments, amortization of acquired intangible assets, items outside the normal scope of our ordinary activities (including other items, within selling, general and administrative expenses, losses/(gains) on items held at fair value and remeasurements through profit and loss, impairment losses on tangible assets, and impairment losses on intangible assets) and the related tax effects of these adjustments. Adjusted EPS provides a basis for comparison of our business operations between current, past and future periods by excluding items that we do not believe are indicative of our core operating performance. Adjusted EPS may not be comparable to other similarly titled metrics of other companies.

  • Total Net Leverage Ratio means, as of any date of determination, the ratio, on a Pro Forma Basis, of (a) Consolidated Total Indebtedness as of such date to (b) Consolidated EBITDA for the most recently completed Test Period.

  • Performance Period means the one or more periods of time, which may be of varying and overlapping durations, as the Committee may select, over which the attainment of one or more Performance Goals will be measured for the purpose of determining a Participant’s right to, and the payment of, a Performance-Based Award.

  • Forecast Period means the period of three calendar months for which a Forecast is provided;

  • Development Period means the period from the date of this Agreement until the Appointed Date;