Excess Price definition

Excess Price means the difference between (x) the Fair Value on the relevant date and, (y) the exercise price, with respect to a Stock Option, or the base price, with respect to a SAR.

Excess Price means (A) if stockholders of the Company (other than Merger Sub and any of its affiliates) receive only Subordinate Shares for their Shares pursuant to the terms of the Merger Sub Business Combination, the excess, if any, of the number of Subordinate Shares so received for each Share over 0.40 or (B) if stockholders of the Company receive consideration other than, or in addition to, Subordinate Shares for their Shares pursuant to the terms of the Merger Sub Business Combination (other than by reason of a right to elect between receiving only Subordinate Shares or such other consideration), the excess of the per Share consideration so paid over the greatest of (i) $7.00, (ii) the product of 0.40 and the closing price of Subordinate Shares on the New York Stock Exchange on the Option Closing Date (or if the Option Closing Date is not a trading day on the New York Stock Exchange, the last such trading day before the Option Closing Date) or (iii) the product of 0.40 and the closing price of a Subordinate Share on the New York Stock Exchange on the date of consummation of the Merger Sub Business Combination (or if such date is not a trading day on the New York Stock Exchange, the last such trading day before such date of consummation) or (C) if stockholders of the Company are entitled to elect to receive either consideration described in clause (A) or consideration described in clause (B), the greater of the amount determined pursuant to clause (A) (determined as if only the consideration described in

Excess Price shall have the meaning set forth in Section 3.1 herein.

Examples of Excess Price in a sentence

• Except as otherwise provided herein, the closing of each purchase and sale of shares of Stock and the payment of the Option Excess Price, if any, pursuant to this Agreement shall take place at the principal office of the Company on the tenth business day following delivery of the notice by either Party to the other of its exercise of the right to purchase or sell such Stock hereunder or to cause the payment of the Option Excess Price, if any.

• If the Option Excess Price is zero or a negative number, all outstanding Options granted to the Optionholder, whether or not then exercisable, shall be automatically terminated upon the repurchase of any Option Shares pursuant to Section 7 or Section 8.

• All Options exercisable as of the date of a Repurchase Notice, in the case of a repurchase pursuant to Section 6(b), 6(c) or 6(d), shall continue to be exercisable until the repurchase of such Options pursuant to such Call Notice, provided that to the extent that any Options are exercised after the date of such Call Notice, the number of Exercisable Option Shares for purposes of calculating the Option Excess Price shall be reduced accordingly.

• For purposes hereof, "Exercisable Option Shares" shall mean the shares of Common Stock which, at the time of determination of the Option Excess Price, could be purchased by the Purchaser upon exercise of the Purchaser's outstanding Pre-Five Options.

• All outstanding Pre-Five Options granted to the Purchaser under the Option Plan or otherwise, whether or not then exercisable, will be automatically terminated upon the payment by the Company to the Purchaser, pursuant to the provisions of Sections 5 or 6 of this Agreement, of an amount equal to the Option Excess Price.

More Definitions of Excess Price

Excess Price means the product of (a)(i) the total number of Anticipated Acquired Shares divided by (ii) the total number of Hylsamex shares outstanding and (b) the greater of (x) zero and (y)(A) the product of the Offer Price as then in effect and the total number of Hylsamex shares outstanding, minus (B) US $1,980,000,000.

Excess Price means an amount equal to the Exercise Price less the Strike Price.

Excess Price means the weighted average price for all excess milk testing 3.5% butterfat as computed for the month by the bureau as provided for in ARM 32.24.513.

Excess Price has the meaning set forth in Clause 3.6.3;

Excess Price shall have the meaning set forth in Section 68 hereof entitled “Ground Transportation With the Central Terminal Area”.

Excess Price means the amount received by the Company, net of returns (which may be estimated by the Company), in excess of a $22.00 per Unit price, plus shipping and handling costs (not to exceed $6.00 per Unit), (the then effective Unit cost, plus such other costs, being referred to as the "Wholesale Price"). The Company may adjust the Wholesale Price, at any time, or from time to time, upon 30 days notice to Consultant; provided however, the Wholesale Price cannot be adjusted by the Company for the first 180 days following the date of the first Conforming Contract.

Excess Price shall have the meaning given such term in paragraph (c) of Section 68 hereof.