Initial Fixed Price definition

Initial Fixed Price means those prices set forth in sections 1.1(44)(a), 1.1(44)(b) and 1.1(44)(c) of the definition of Fixed Price.
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Initial Fixed Price means, with respect to (A) Preferred Shares issued on the Initial Issuance Date (I) on any date prior to the Fixed Conversion Price Trigger Date, $4.00 and (II) on any Conversion Date on or after the Fixed Conversion Price Trigger Date, the lesser of the average of the Closing Bid Prices for the Common Stock during the 20 consecutive trading days immediately preceding (y) the Fixed Conversion Price Trigger Date and (z) the date which is 180 days after the Initial Issuance Date or (B) Preferred Shares issued after the Initial Issuance Date, the average of the Closing Bid Prices of the Common Stock during the five consecutive trading days immediately preceding the Put Share Notice Date (as defined in the Securities Purchase Agreement), subject in each case to adjustment as provided herein. Notwithstanding the foregoing, should there occur one or more Excluded Redemption Events (as defined in Section 3) which results in a change to the Initial Fixed Price of the Preferred Shares as in effect immediately prior to the occurrence of such Excluded Redemption Events pursuant to Section 3, the Initial Fixed Price shall mean the lesser of ((alpha)) the Initial Fixed Price as defined above and ((beta)) the Initial Fixed Price following such Excluded Redemption as determined pursuant to Section 3.
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Examples of Initial Fixed Price in a sentence

  • In addition, if Customer terminates this Agreement prior to the end of the Initial Fixed Price Term or Initial Index Price Term, Customer shall pay Marathon all outstanding gas and/or electric supply charges and other amounts owing to Marathon as well all reasonable attorneys' fees and expenses incurred by Marathon in connection with Marathon's attempt to collect and recover same.

  • The Fixed Wafer Price for any Subsequent Fixed Price Period shall not change by more than [+] of the Fixed Wafer Price for the Initial Fixed Price Period or prior Subsequent Price Period, as the case may be.

  • At least ninety (90) days prior to the end of the Initial Fixed Price Period (and any Subsequent Fixed Price Period) for each Sipex Product, the Parties shall, subject to Section 2.7(d), commence good faith negotiations to set the Fixed Wafer Price for the relevant Sipex Product for a period of at least one year (each such subsequent period a "Subsequent Fixed Price Period") following the initial Fixed Price Period or any Subsequent Fixed Price Period, as the case may be.

  • The Fixed Wafer Price for each Sipex Product ordered by Sipex is set forth on Exhibit C-1 and shall be fixed for such Sipex Product for [+] years from the first commercial supply of such Sipex Product by Silan to Sipex hereunder (such period for each Sipex Product the "Initial Fixed Price Period").

  • Unless otherwise agreed to by Customer and Marathon, if Customer is receiving supply service under a fixed price or an index price, upon completion of the Initial Fixed Price Term or Initial Index Price Term, this Agreement will automatically continue at a variable rate methodology unless and until this Agreement is terminated by customer.

  • At least 30 days, and no more than 60 days, prior to the end of the Initial Index Price Term of Initial Fixed Price Term, as applicable, Marathon will notify Customer in writing and/or by email of the switch to a variable rate methodology at which Marathon will continue to serve Customer.