Dilutive Price definition

Dilutive Price shall have the meaning set forth in Section 5.6(a).
Dilutive Price means (i) the Floor Price (as defined in the Statement of Designation) if, prior to the date of the Dilutive Issuance, the Company has met both Performance Milestones (as defined in the Statement of Designation), or (ii) otherwise, the Market Price (as hereinafter defined). If the Company has met both Performance Milestones (as defined in the Statement of Designation), the Exercise Price will be adjusted in accordance with the following formula: E' = E x O + P/F ; CSDO or otherwise in accordance with the following formula: E' = E x O + P/M ; CSDO where:
Dilutive Price occurs if the VWAP for the Effective Period is less than the AWEP.

Examples of Dilutive Price in a sentence

  • C = number of New Securities to be issued in the subject transaction (i.e. calculated as the dollar amount of new capital to be invested / Dilutive Price).


More Definitions of Dilutive Price

Dilutive Price means at any time the Conversion Price then in effect.
Dilutive Price shall have the meaning ascribed thereto in Section 2.1 hereof.
Dilutive Price means (i) the Floor Price (as defined in the Statement of Designation) if, prior to the date of the Dilutive Issuance, the Company has met both Performance Milestones (as defined in the Statement of Designation), or (ii) otherwise, the Market Price (as hereinafter defined). If the Company has met both Performance Milestones (as defined in the Statement of Designation), the Exercise Price will be adjusted in accordance with the following formula: E' = E x O + P/F ; ---------- CSDO or otherwise in accordance with the following formula: E' = E x O + P/M ; ---------- CSDO where:

Related to Dilutive Price

  • Conversion Price shall have the meaning set forth in Section 4(b).

  • Market Price means, with respect to a particular security, on any given day, the last reported sale price regular way or, in case no such reported sale takes place on such day, the average of the last closing bid and ask prices regular way, in either case on the principal national securities exchange on which the applicable securities are listed or admitted to trading, or if not listed or admitted to trading on any national securities exchange, the average of the closing bid and ask prices as furnished by two members of the Financial Industry Regulatory Authority, Inc. selected from time to time by the Company for that purpose. “Market Price” shall be determined without reference to after hours or extended hours trading. If such security is not listed and traded in a manner that the quotations referred to above are available for the period required hereunder, the Market Price per share of Common Stock shall be deemed to be (i) in the event that any portion of the Warrant is held by the Original Warrantholder, the fair market value per share of such security as determined in good faith by the Original Warrantholder or (ii) in all other circumstances, the fair market value per share of such security as determined in good faith by the Board of Directors in reliance on an opinion of a nationally recognized independent investment banking corporation retained by the Company for this purpose and certified in a resolution to the Warrantholder. For the purposes of determining the Market Price of the Common Stock on the “trading day” preceding, on or following the occurrence of an event, (i) that trading day shall be deemed to commence immediately after the regular scheduled closing time of trading on the New York Stock Exchange or, if trading is closed at an earlier time, such earlier time and (ii) that trading day shall end at the next regular scheduled closing time, or if trading is closed at an earlier time, such earlier time (for the avoidance of doubt, and as an example, if the Market Price is to be determined as of the last trading day preceding a specified event and the closing time of trading on a particular day is 4:00 p.m. and the specified event occurs at 5:00 p.m. on that day, the Market Price would be determined by reference to such 4:00 p.m. closing price).

  • Alternate Conversion Price means, with respect to any Alternate Conversion that price which shall be the lowest of (i) the applicable Conversion Price as in effect on the applicable Conversion Date of the applicable Alternate Conversion, and (ii) the greater of (x) the Floor Price and (y) 80% of the lowest VWAP of the Common Stock during the five (5) consecutive Trading Day period ending and including the Trading Day immediately preceding the delivery or deemed delivery of the applicable Conversion Notice (such period, the “Alternate Conversion Measuring Period”). All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction that proportionately decreases or increases the Common Stock during such Alternate Conversion Measuring Period.