Excess Value definition
Examples of Excess Value in a sentence
For purposes of this Agreement, and without limitation, the following is an example of the application of Section 3.3.3 of this Agreement: Assuming the Patent Value is Twenty-Four Million Dollars ($24,000,000.00) and the Shares Value is Twenty-Five Million Dollars ($25,000,000.00), then the Excess Value is One Million Dollars ($1,000,000.00) (i.e., $25,000,000.00 -$24,000,000.00).
In the event Excess Value exists upon a termination of Executive’s employment pursuant to this Section 7(c), then the each of the Death Benefits shall be prorated based on a percentage equal to (A) the Excess Value divided by (B) the aggregate Value of the Death Benefits.
If a Signatory receives or has received an Intermediary Distribution, whether before or after its Accession Date, any subsequent Allocation Amount(s) which would have been Allocated to such Signatory up to the Excess Value shall be Allocated to other Signatories in respect of the same Asset Pool in accordance with Clause 45.3.7.
For purposes of calculating the Excess Value below, the number of a Stockholder’s “Covered Shares” shall consist of such Stockholder’s Covered Existing Shares and such additional Covered Shares acquired after the date hereof as to which, but only to the extent that, such Stockholder has a pecuniary interest therein as of the time of the termination of, or immediately prior to the Effective Time under, the Merger Agreement, as applicable.
If the Average Maximum Inventory Value (“A”) exceeds the Maximum Inventory Value (“B”) by an amount (“C”) less than Excess Value (“D”), then Citi shall within five (5) Business Days consent to a reduction in the undrawn amount of such Section 3.3 Letter(s) of Credit in an aggregate amount equal to D minus C (“E”), and the “Excess Value” and undrawn amount of such Section 3.3 Letter of Credit shall then be C.