Closing Shares shall have the meaning ascribed to such term in Section 2.1(a)(i).
Aggregate Merger Consideration has the meaning set forth in Section 2.1(a).
Closing Warrants shall have the meaning ascribed to such term in Section 2.1(a)(ii).
Aggregate Stock Consideration has the meaning set forth in Section 3.01(b)(iii).
Option Closing Purchase Price shall have the meaning ascribed to such term in Section 2.2(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.
VWAP Purchase Share Percentage means, with respect to any particular VWAP Purchase Notice pursuant to Section 1(c) hereof, the percentage set forth in the VWAP Purchase Notice which the Buyer will be required to buy as a specified percentage of the aggregate shares traded on the Principal Market during normal trading hours up to the VWAP Purchase Share Volume Maximum on the VWAP Purchase Date subject to Section 1(c) hereof but in no event shall this percentage exceed thirty percent (30%) of such VWAP Purchase Date’s share trading volume of the Common Stock on the Principal Market during normal trading hours.
Second Closing has the meaning set forth in Section 2.2.
Subsequent Closing has the meaning set forth in Section 3.2.
Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such.
First Closing has the meaning set forth in Section 2.1(a).
Aggregate Cash Consideration has the meaning set forth in Section 3.01(b)(ii).
Closing Merger Consideration has the meaning set forth in Section 2.02
Final Closing Cash shall have the meaning set forth in Section 2.11(g).
Make-Whole Acquisition Stock Price means the consideration paid per share of Common Stock in a Make-Whole Acquisition. If such consideration consists only of cash, the Make-Whole Acquisition Stock Price shall equal the amount of cash paid per share of Common Stock. If such consideration consists of any property other than cash, the Make-Whole Acquisition Stock Price shall be the average of the Closing Price per share of Common Stock on each of the 10 consecutive Trading Days up to, but not including, the Make-Whole Acquisition Effective Date.
Put Closing shall have the meaning set forth in Section 2.3.8.
Series Closing Date means the date designated as such in the Series Term Sheet.
Second Closing Date has the meaning set forth in Section 1.3.
Put Closing Date shall have the meaning set forth in Section 2.3.8.
Subsequent Closing Date means, with respect to each Subsequent Closing, the date on which such Subsequent Closing is deemed to have occurred.
Closing Purchase Price shall have the meaning ascribed to such term in Section 2.1(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.
Acquisition Shares means the shares of an Acquiring Fund to be issued to the corresponding Target Fund in a reorganization under this Agreement.
Closing Stock Price means the Stock Price as of the last day of any Performance Measurement Period.
Aggregate Purchase Price has the meaning set forth in Section 1.1.
Initial Closing Price means the RI Closing Value of a Reference Item on the Strike Date
Per Share Purchase Price equals $1.00, subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Third Closing shall have the meaning ascribed to such term in Section 2.1(c).