Determining Factor definition

Determining Factor means:- (1) if the PPHL Market Price during the Measurement Period is 5.00 GBP or more (as adjusted for subdivision, combination, capital reorganization, recapitalization, reclassification or similar change in the share capital of PPHL) – the number of PPHL Shares sold by the Seller during the Measurement Period (if any). The PPHL Market Price for the purposes of this part (1) shall be deemed to be 5.00 GBP or more if the PPHL Market Price during 90 consecutive dealing days in the Measurement Period following the lapse of the Lock-Up Period is 5.00 GBP or more; and (2) in all other cases – (A) if Seller has sold all or some of the PPHL Shares at a price per share of 5.00 GBP or more (as adjusted for subdivision, combination, capital reorganization, recapitalization, reclassification or similar change in the share capital of PPHL) during the Measurement Period –the number of PPHL Shares sold by the Seller at a price per share of 5.00 GBP or higher prior to the Settlement Date; and (B) in all other cases in under this part (2) – zero.
Determining Factor means that the employee’s race or color made a difference in the Defendant’s conduct. There may be more than one reason for the employer’s actions. The employee need not prove that race or color was the only reason. It is not a determining factor if the employee would have been treated the same by Defendants regardless of his race or color.” (Emphasis added.)
Determining Factor means, subject to Section ‎5.5 hereof: (1) if the PPH Market Price during the Measurement Period is the Target Price or more (as adjusted for subdivision, combination, capital reorganization, recapitalization, reclassification or similar change in the share capital of PPHE Hotel) – the number of PPH Shares sold by the Seller during the Measurement Period (if any). The PPH Market Price for the purposes of this part (1) shall be deemed to be the Target Price or more, if the PPH Market Price during 90 consecutive dealing days at the LSE in the Measurement Period is equal to the Target Price or more; and (2) in all other cases – (A) if Seller has sold during the Measurement Period all or some of the PPH Shares at a price per share of the Target Price or more (as adjusted for subdivision, combination, capital reorganization, recapitalization, reclassification or similar change in the share capital of PPHE Hotel) – the number of PPH Shares sold by the Seller at a price per share equal to the Target Price or higher prior to the Settlement Date; and (B) in all other cases in under this part (2) – zero.

Examples of Determining Factor in a sentence

  • To Best Take Advantage Of This Class Is It Necessary That The Students Have A High Level Of Spanish Not Only In Comprehension, But Also In Expression, This Being A Determining Factor For The Students Potential Success In This Course.

  • The parties agree that length of satisfactory service with the Employer will be the Determining Factor for selection when the difference between the candidates with the highest merit points (e.g., based on scores received on interview questions and tests) is five percent (5%) or less using the total potential score as the base for this calculation.