Minimum Fungibility Price definition

Minimum Fungibility Price means an amount equal to (a) the principal amount of the Notes, reduced by (b) one-fourth of 1% (0.25%) of the principal amount, multiplied by the number of complete years to maturity, plus (c) any pre-issuance accrued interest on the Notes from the immediately preceding interest payment date to the date of issuance of the Notes.
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Minimum Fungibility Price means an amount equal to (i) for an issuance of the Notes occurring within six (6) months of the original issuance of the Notes, a price that produces a yield on the Notes no greater than 110% of the yield of the original issuance of the Notes (i.e., 110% of the coupon rate of the Notes) or (ii) after six (6) months of the original issuance of the Notes, (A) the principal amount of the Notes, reduced by (B) the product of one-fourth of 1% (0.25%) of the principal amount multiplied by the number of complete years to maturity from the date of issuance of the Notes. For the avoidance of doubt, the Minimum Fungibility Price is intended to be a price that permits the issuance of the Notes to be treated as part of a "qualified reopening" of the original issuance of the Notes within the meaning of Treasury Regulation section 1.1275-2(k) and shall be interpreted in a manner consistent therewith (and shall be revised as necessary to reflect any applicable change in law).
Sample 1Sample 2Sample 3
Minimum Fungibility Price means an amount equal to (1) for an issuance of the Notes occurring within six (6) months of the original issuance of the Notes, a price that produces a yield on the Notes no greater than 110% of the yield of the original issuance of the Notes (i.e., 110% of the coupon rate of the Notes) or (2) for an issuance of the Notes occurring after six (6) months of the original issuance of the Notes, (a) the principal amount of the Notes, reduced by (b) the product of one-fourth of 1% (0.25%) of the principal amount multiplied by the number of complete years to maturity from the date of issuance of the Notes. For the avoidance of doubt, the Minimum Fungibility Price is intended to be a price that permits the issuance of the Notes to be treated as part of a "qualified reopening" of the original issuance of the Notes within the meaning of Treasury Regulation section 1.1275-2(k) and shall be interpreted in a manner consistent therewith (and shall be revised as necessary to reflect any applicable change in law). The time period during which sales are requested to be made shall be ________________. [No more than $__________ principal amount of Notes may be sold in any one trading day.] [Commission payable to Agent] ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS SPECIFIC DATES THE NOTES MAY NOT BE SOLD ON, AND/OR THE MANNER IN WHICH SALES ARE TO BE MADE BY THE AGENT. THE COMPANY MAY CANCEL THIS PLACEMENT NOTICE AT ANY TIME IN ITS SOLE DISCRETION SUBJECT TO THE PROVISIONS OF SECTION 4(b) OF THE AGREEMENT. SCHEDULE II COMERICA SECURITIES, INC. Xxxxx Xxxxxxx XXXxxxxxx@xxxxxxxx.xxx (000) 000-0000 Xxxx Xxx XXxx@xxxxxxxx.xxx (000) 000-0000 Xxx Xxxxxxx XXXxxxxxx@xxxxxxxx.xxx (000) 000-0000 Xxxxx Xxx Xxxxx_X_Xxx@xxxxxxxx.xxx (000) 000-0000 PROSPECT CAPITAL CORPORATION Xxxx Xxxxx xxxxxx@xxxxxxxxxxxxxx.xxx (000) 000-0000 Xxxxxxx Xxx Xxxx xxxxxxxx@xxxxxxxxxxxxxx.xxx (000) 000-0000 Grier Eliasek xxxxx@xxxxxxxxxxxxxx.xxx (000) 000-0000
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Examples of Minimum Fungibility Price in a sentence

  • Under no circumstances shall the Company cause or request the offer or sale of any Placement Securities pursuant to this Agreement (i) at a price lower than the minimum price authorized from time to time by the Company and notified to the Sales Manager in writing, and (ii) at a purchase price lower than the Minimum Fungibility Price.

  • Notwithstanding anything to the contrary herein, the Company shall not request the Agent to sell, and the Agent shall not sell, Placement Notes at a purchase price lower than the Minimum Fungibility Price.


More Definitions of Minimum Fungibility Price

Minimum Fungibility Price means an amount equal to (a) the principal amount of the Notes, reduced by (b) one-fourth of 1% (0.25%) of the principal amount, multiplied by the number of complete years to maturity, plus (c) any pre-issuance accrued interest on the Notes from the immediately preceding interest payment date to the date of issuance of the Notes. The time period during which sales are requested to be made shall be ________________. [No more than $__________ principal amount of Notes may be sold in any one trading day.] [Commission payable to Agent] ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS SPECIFIC DATES THE NOTES MAY NOT BE SOLD ON, AND/OR THE MANNER IN WHICH SALES ARE TO BE MADE BY THE AGENT. THE COMPANY MAY CANCEL THIS PLACEMENT NOTICE AT ANY TIME IN ITS SOLE DISCRETION SUBJECT TO THE PROVISIONS OF SECTION 4(b) OF THE AGREEMENT. SCHEDULE II X. XXXXX FBR, INC. Xxxx Xxxxxxx xxxxxxxx@xxxxxxxxx.xxx (212) 542 - 5883 Xxxxxxx XxXxxxxx xxxxxxxxx@xxxxxxxxx.xxx (000) 000-0000 Xxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx (646) 556 - 9213 PROSPECT CAPITAL CORPORATION Xxxx Xxxxx xxxxxx@xxxxxxxxxxxxxx.xxx (000) 000-0000 Xxxxxxx Xxx Xxxx xxxxxxxx@xxxxxxxxxxxxxx.xxx (000) 000-0000 Grier Eliasek xxxxx@xxxxxxxxxxxxxx.xxx
Sample 1
Minimum Fungibility Price means an amount equal to (a) the principal amount of the Notes, reduced by (b) one-fourth of 1% (0.25%) of the principal amount, multiplied by the number of complete years to maturity, plus (c) any pre-issuance accrued interest on the Notes from the immediately preceding interest payment date to the date of issuance of the Notes. EXHIBIT B Authorized Individuals for Placement Notices and Acceptances The Company Xxxxx X. Xxxxx xxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxx X. Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Sales Manager Xxxx Xxxxxxx xxxxxxxx@xxxxxxxxx.xxx Xxxxxxx XxXxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxx Xxxxx xxxxxx@xxxxxxxxx.xxx Xxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx with a copy to xxxxxxx@xxxxxxxxx.xxx EXHIBIT C
Sample 1
Minimum Fungibility Price means an amount equal to (a) the principal amount of the Notes, reduced by (b) one-fourth of 1% (0.25%) of the principal amount, multiplied by the number of complete years to maturity, plus (c) any pre-issuance accrued interest on the Notes from the immediately preceding interest payment date to the date of issuance of the Notes. The time period during which sales are requested to be made shall be ________________. [No more than $__________ principal amount of Notes may be sold in any one trading day.] [Commission payable to Agent] ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS SPECIFIC DATES THE NOTES MAY NOT BE SOLD ON, AND/OR THE MANNER IN WHICH SALES ARE TO BE MADE BY THE AGENT. THE COMPANY MAY CANCEL THIS PLACEMENT NOTICE AT ANY TIME IN ITS SOLE DISCRETION SUBJECT TO THE PROVISIONS OF SECTION 4(b) OF THE AGREEMENT. (h)(42) SCHEDULE II FBR CAPITAL MARKETS & CO. PROSPECT CAPITAL CORPORATION Exhibit 6(n) COMPANY OFFICER CERTIFICATE ADVISER OFFICER CERTIFICATE Exhibit 6(o)(1) FORM OF OPINION OF COMPANY COUNSEL (h)(42) Exhibit 6(o)(2) FORM OF OPINION OF GENERAL COUNSEL (h)(42) Exhibit 6(o)(3) FORM OF OPINION OF COMPANY COUNSEL (h)(42) Exhibit 6(o)(4) FORM OF OPINION OF GENERAL COUNSEL (h)(42) Exhibit 6(p) FORM OF OPINION OF MARYLAND COUNSEL
Sample 1
Minimum Fungibility Price means an amount equal to (a) the principal amount of the applicable Placement Securities, reduced by (b) one-fourth of 1% (0.25%) of such principal amount, multiplied by the number of complete years to maturity from the date of issuance of the applicable Placement Securities, plus (c) any pre-issuance accrued interest on the applicable Placement Securities from the immediately preceding interest payment date to the date of issuance of the Placement Securities (unless the applicable Placement Securities are issued after a record date and before the interest payment date immediately following such record date).
Sample 1
Minimum Fungibility Price means an amount equal to (a) the principal amount of the Notes, reduced by (b) one-fourth of 1% (0.25%) of such principal amount, multiplied by the number of complete years to maturity from the date of issuance of the Notes, plus (c) any pre-issuance accrued interest on the Notes from the immediately preceding interest payment date to the date of issuance of the Notes (unless the Notes are issued after a record date and before the interest payment date immediately following such record date). The time period during which sales are requested to be made shall be . No more than $________ principal amount of Notes may be sold in any one trading day. Commission payable to Manager: $________ per Note. ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS SPECIFIC DATES THE NOTES MAY NOT BE SOLD ON, AND/OR THE MANNER IN WHICH SALES ARE TO BE MADE BY THE MANAGER. THE COMPANY MAY CANCEL THIS PLACEMENT NOTICE AT ANY TIME IN ITS SOLE DISCRETION SUBJECT TO THE PROVISIONS OF SECTION 4(b) OF THE AGREEMENT. SCHEDULE IV FBR Capital Markets & Co. 0000 Xxxxx 00xx Xxxxxx Xxxxx 0000 Xxxxxxxxx, XX 00000
Sample 1
Minimum Fungibility Price means an amount equal to (a) the principal amount of the Notes, reduced by (b) one-fourth of 1% (0.25%) of the principal amount, multiplied by the number of complete years to maturity, plus (c) any pre-issuance accrued interest on the Notes from the immediately preceding interest payment date to the date of issuance of the Notes. “Rule 172,” “Rule 405,” “Rule 415,” “Rule 424,” “Rule 424(b),” “Rule 430B,” and “Rule 433” refer to such rules under the Securities Act. All references in this Agreement to financial statements and schedules and other information that is “contained,” “included” or “stated” in the Registration Statement or the Prospectus (and all other references of like import) shall be deemed to mean and include all such financial statements and schedules and other information that is incorporated by reference in the Registration Statement or the Prospectus, as the case may be. All references in this Agreement to the Registration Statement, the Prospectus or any amendment or supplement to any of the foregoing shall be deemed to include the copy filed with the Commission pursuant to XXXXX; all references in this Agreement to any Issuer Free Writing Prospectus (other than any Issuer Free Writing Prospectuses that, pursuant to Rule 433, are not required to be filed with the Commission) shall be deemed to include the copy thereof filed with the Commission pursuant to XXXXX; and all references in this Agreement to “supplements” to the Prospectus shall include, without limitation, any supplements, “wrappers” or similar materials prepared in connection with any offering, sale or private placement of any Placement Securities by the Agent outside of the United States. If the foregoing correctly sets forth the understanding between the Company and the Agent, please so indicate in the space provided below for that purpose, whereupon this letter shall constitute a binding agreement between the Company and the Agent. Very truly yours, ATLANTICUS HOLDINGS CORPORATION By: /s/ Xxxxxxx X. XxXxxxx Name: Xxxxxxx X. XxXxxxx Title: Chief Financial Officer ACCEPTED as of the date first-above written:
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Related to Minimum Fungibility Price

  • VWAP Minimum Price Threshold means, with respect to any particular VWAP Purchase Notice, the Sale Price on the VWAP Purchase Date equal to the greater of (i) 80% of the Closing Sale Price on the Business Day immediately preceding the VWAP Purchase Date or (ii) such higher price as set forth by the Company in the VWAP Purchase Notice.

  • Minimum Tranche Amount has the meaning specified in Section 2.15(b).

  • Liquidity Price means the price per share equal to the Valuation Cap divided by the Liquidity Capitalization.

  • Minimum Weighted Average Coupon Test means a test that will be satisfied on any Measurement Date if the Weighted Average Coupon equals or exceeds 7.0%.

  • Volume Weighted Average Price means, for any security as of any date, the daily dollar volume-weighted average price for such security on the Primary Market as reported by Bloomberg through its “Historical Prices – Px Table with Average Daily Volume” functions, or, if no dollar volume-weighted average price is reported for such security by Bloomberg, the average of the highest closing bid price and the lowest closing ask price of any of the market makers for such security as reported in the "pink sheets" by Pink Sheets LLC.

  • Locational Marginal Price or “LMP” shall mean the market clearing price for energy at a given location in a Party’s RC Area, and “Locational Marginal Pricing” shall mean the processes related to the determination of the LMP.

  • Minimum Takedown Threshold shall have the meaning given in Section 2.1.4.

  • Accelerated Purchase Minimum Price Threshold means, with respect to any Accelerated Purchase made pursuant to Section 2(b) hereof, any minimum per share price threshold set forth in the applicable Accelerated Purchase Notice.

  • Minimum Sale Price means (i) with respect to a Receivable (x) that has become 60 to 210 days delinquent or (y) that has become greater than 210 days delinquent and with respect to which the related Financed Vehicle has been repossessed by the Servicer and has not yet been sold at auction, the greater of (A) 55% multiplied by the Principal Balance of such Receivable and (B) the product of the three month rolling average recovery rate (expressed as a percentage) for the Servicer in its liquidation of all receivables for which it acts as servicer, either pursuant to this Agreement or otherwise, multiplied by the Principal Balance of such Receivable or (ii) with respect to a Receivable (x) with respect to which the related Financed Vehicle has been repossessed by the Servicer and has been sold at auction and the Net Liquidation Proceeds for which have been deposited in the Collection Account, or (y) that has become greater than 210 days delinquent and with respect to which the related Financed Vehicle has not been repossessed by the Servicer despite the Servicer’s diligent efforts, consistent with its servicing obligations, to repossess the Financed Vehicle, $1.

  • Minimum Acceptable Price with respect to any Put Notice Date shall mean seventy-five percent (75%) of the lowest closing bid prices for the ten (10) Trading Day period immediately preceding such Put Notice Date.

  • Initial Price or “Initial Offer” means the price per Unit on the first day of the Initial Period determined by the Management Company.

  • Maximum Weighted Average Life Test means a test that will be satisfied on any date of determination if the Weighted Average Life of all Eligible Collateral Obligations included in the Collateral is less than or equal to 5.50 years.

  • Additional Accelerated Purchase Minimum Price Threshold means, with respect to an Additional Accelerated Purchase made pursuant to Section 2(c) hereof, any minimum per share price threshold set forth in the applicable Additional Accelerated Purchase Notice.

  • Hurdle Amount means for the applicable period, an amount equal to 5.0% of the Beginning VPU.

  • Per Unit Capital Amount means, as of any date of determination, the Capital Account, stated on a per Unit basis, underlying any Unit held by a Person other than the General Partner or any Affiliate of the General Partner who holds Units.

  • Replenishment Amount has the meaning assigned to such term in Section 2.06(b).

  • Established catalogue price means the price included in a catalogue, price list, schedule, or other form that:

  • Initial Term Loan Repayment Amount shall have the meaning provided in Section 2.5(b).

  • Weighted Average Price means, for any security as of any date, the dollar volume-weighted average price for such security on the Principal Market during the period beginning at 9:30:01 a.m., New York time (or such other time as the Principal Market publicly announces is the official open of trading), and ending at 4:00:00 p.m., New York time (or such other time as the Principal Market publicly announces is the official close of trading), as reported by Bloomberg through its “Volume at Price” function or, if the foregoing does not apply, the dollar volume-weighted average price of such security in the over-the-counter market on the electronic bulletin board for such security during the period beginning at 9:30:01 a.m., New York time (or such other time as such market publicly announces is the official open of trading), and ending at 4:00:00 p.m., New York time (or such other time as such market publicly announces is the official close of trading), as reported by Bloomberg, or, if no dollar volume-weighted average price is reported for such security by Bloomberg for such hours, the average of the highest Closing Bid Price and the lowest closing ask price of any of the market makers for such security as reported in the OTC Link or “pink sheets” by OTC Markets Group Inc. (formerly Pink OTC Markets Inc.). If the Weighted Average Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Weighted Average Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. If the Company and the Holder are unable to agree upon the fair market value of such security, then such dispute shall be resolved pursuant to Section 11 with the term “Weighted Average Price” being substituted for the term “Exercise Price.” All such determinations shall be appropriately adjusted for any stock dividend, stock split, stock combination, reclassification or other similar transaction during the applicable calculation period.[Signature Page Follows]

  • Maximum Put Amount means the lesser of (i) Two Hundred Fifty Thousand Dollars ($250,000), or (ii) Two Hundred Fifty percent (250%) of the average of the Dollar Volume for the twenty (20) Trading Days immediately preceding the Put Date.

  • Supply Price has the meaning set forth in Section 6.2.