Highest Price definition
Examples of Highest Price in a sentence
In determining the Highest Price Per Share, the price paid or agreed to be paid by a Covered Person will be appropriately adjusted to take into account (W) distributions paid or payable in stock, (X) subdivisions of outstanding stock, (Y) combinations of shares of stock into a smaller number of shares and (Z) similar events.
The sole arbitrator shall not have the jurisdiction to amend, or add to, any of the provisions of this Agreement, not to substitute any new provisions in lieu thereof, nor to give any decisions inconsistent with the terms and provisions of this Agreement.
Thereupon, the Shareholder (the “Highest Price Shareholder”) who offered the highest price for the Shares of the other Shareholder (the “Other Shareholder”) shall have the option to either (i) purchase the Shares of the Other Shareholder at the price stated in the Sealed Tender of the Highest Price Shareholder or, (ii) sell its Shares to the Other Shareholder at the price stated in the Sealed Tender of the Other Shareholder.
As used herein, the term "Highest Price Per Share" shall mean the highest price per share that can be determined to have been paid or agreed to be paid for any share of Common Stock by a Covered Person (as defined below) at any time during the six-month period immediately preceding any Change of Control.
The number of Additional Shares to be issued shall be the lesser of (A) 1,250,000 shares and (B) the amount determined by subtracting from $2.75 the highest average closing bid price of the HESG Common Stock achieved over a fifteen (15) day moving average during the Measurement Period (the "Highest Price"), multiplying the resulting dollar amount by 1,000,000 and then dividing the result by the Highest Price.
Such adjustment shall become effective immediately after the Change of Control Date and shall be made, in the case of clauses (ii) and (iii) above, successively for six months thereafter in the event and at the time of any increase in the Highest Price after the Change of Control Date; PROVIDED, HOWEVER, that no such successive adjustment shall be made with respect to the Conversion Rate of the shares of this Series in respect of any event occurring after the Conversion Date.