New Issuance Price shall have the meaning set forth in Section 3.2.
New Issuance Price shall have the meaning set forth in Section 6(c).
New Issuance Price means a price (calculated to the nearest cent) determined in accordance with the following formula: EP2 = EP1* (A + B) ÷ (A + C). For purposes of the foregoing formula, the following definitions shall apply:
Examples of New Issuance Price in a sentence
The Company shall not, directly or indirectly, without the prior written consent of the Required Holder, (i) issue any other shares of preferred stock (other than as contemplated by the Exchange Agreement and this Certificate of Designations), (ii) issue any other securities that would cause a breach or default under this Certificate of Designations or (iii) issue any other securities at (or with) a New Issuance Price less than the Conversion Price then in effect.
More Definitions of New Issuance Price
New Issuance Price has the meaning set forth in Section 2(a).
New Issuance Price has the meaning set forth in Section 5.6.
New Issuance Price means with respect to any, direct or indirect, grant, issuance or sale of any shares of Common Stock by the Company (or entry by the Company into any purchase agreement or other offering document with respect thereto), including, without limitation, any grant, issuance or sale of Convertible Securities, the lowest price per share for which one share of Common Stock is at any time issuable pursuant to such purchase agreement or other offering document or upon the conversion, exercise or exchange of such applicable Convertible Security (the “Lowest Per Share Price”), which shall be equal to the difference of (A) the lower of (x) the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon the granting, issuance or sale of such share of Common Stock or Convertible Security (as applicable) or upon conversion, exercise or exchange of any Convertible Security, as applicable, and (y) the lowest purchase price, exercise price, conversion price or exchange price, as applicable, set forth in such purchase agreement or other offering document or Convertible Security (as applicable) for which one share of Common Stock is issuable (or may become issuable assuming all possible market conditions) minus (B) the sum of all amounts paid or payable to the purchaser of such shares of Common Stock and/or holder of such Convertible Security (or any other Person, as applicable) upon the granting, issuance or sale of such shares of Common Stock and/or Convertible Security (as applicable), upon conversion, exercise or exchange (as applicable) of such Convertible Security and upon conversion, exercise or exchange of any Convertible Security issuable upon exercise of such Convertible Security or otherwise pursuant to the terms thereof plus the value of any other consideration received or receivable by, or benefit conferred on, the holder of such Convertible Security (or any other Person); provided, that if any Convertible Security is issued in connection with the issuance or sale or deemed issuance or sale of any other securities of the Company (as determined by the Required Holders, the “Primary Security”, and such Convertible Security, the “Secondary Securities” and together with the Primary Security, each a “Unit”), together comprising one integrated transaction, the aggregate consideration per share of Common Stock with respect to such Primary Security shall be deemed to be the lower of (x) the p...
New Issuance Price with respect to any issuance of Qualified Securities means (i) in the case of Qualified Securities that are Ordinary Shares or ADSs, the per Ordinary Share or per ADS purchase price paid in such issuance (without giving effect to any underwriting discounts or selling commissions) and (ii) in the case of Qualified Securities that are securities, warrants, options or rights of any nature that are convertible into or exchangeable or exercisable for, or otherwise give the holder thereof any rights in respect of any Ordinary Share or ADS, the reference, implied, conversion, exchange or comparable price with respect to each underlying or reference Ordinary Share or ADS.
New Issuance Price has the meaning set forth in Section 7(d) hereof.
New Issuance Price has the meaning set forth in Section 3(A)(i).
New Issuance Price means the per share price, the conversion price or the exercise price, as applicable, of the Additional Stock.