Examples of Average Closing Sales Price in a sentence
Whenever Seller is bound to pay indemnification amounts, Seller may, at his absolute discretion, do so in one of the following ways or in any combination of these two ways, provided that the due indemnification amount is paid in full: (a) make cash payment, and/or (b) transfer back to Buyer or instruct the Escrow Agent to transfer back to Buyer shares out of the Stock Consideration, and for that purpose the value of each such back-transferred share will be a sum equal to the Average Closing Sales Price.
In lieu of any such fractional share of Acquirer Common Stock, Acquirer shall pay to each holder of Company Common Stock an amount in cash, rounded to the nearest whole cent, equal to the product obtained by multiplying (i) the fractional share interest to which such holder would otherwise be entitled (after taking into account all shares of Company Common Stock held at the Effective Time by such holder) by (ii) the Average Closing Sales Price.
For purposes of this Section 11.3, (i) Merger Consideration consisting of Symposium Common Stock shall be valued at the Average Closing Sales Price and (ii) Merger Consideration consisting of Warrants shall be valued at an amount equal to the product obtained by multiplying (x) the maximum number of shares of Symposium Common Stock purchasable upon exercise of a Warrant at the Closing Date by (y) $0.25.
A number of shares of the Class A Common Stock of the Buyer, par value $.01 per share (“Buyer Shares”), which shall be delivered by Buyer to Crossbow Venture Partners, LP (“Equity Seller”) at Closing, having an aggregate value of $2,700,000, calculated by dividing such amount by the Average Closing Sales Price (the “Stock Consideration”).
Scotx Xxxxxxx, Xxve Xxxxx xxx Bill Xxxxxx xxxll each have accepted, in writing, three (3) year cashless warrants to purchase 30,000 shares of Symposium Common Stock at a strike price equal to the average closing sales price of Symposium Common Stock on the American Stock Exchange for the ten (10) consecutive trading days ending on the Closing Date (the "Average Closing Sales Price") in full and final satisfaction of any bonus and severance provisions in their employment agreements and any other claims.