Pre-Announcement Price means $15.69, being the average of the daily high and low reported sales price of shares of the Common Stock on the American Stock Exchange over the 20 trading days immediately prior to the date of the public announcement of the Master Agreement and the transactions contemplated thereby.
If the Dissenting Threshold is met, (i) the number of Dissenting Shares does not exceed ten percent (10%) of the outstanding Company Shares and (ii) the product of (x) the Company Pre-Announcement Price minus the Applicable Parent Stock Price multiplied by (y) the number of Dissenting Shares does not exceed $25,000,000.
The following table shows the price per AsiaSat Share and per ADS in respect of: * the Latest Practicable Date, * the Pre-Suspension Date, * the Suspension Date, * the 30-day Average Pre-Announcement Price, * the average daily closing price during the period from 1 January 2005 to the Pre-Suspension Date, * the highest daily closing price during the period from 1 January 2005 to the Pre-Suspension Date, and the premium that the Share Offer Price represents over the above.
Arch hereby agrees to purchase the number of shares of the common stock, par value $.001 per share, of KFx (the "Common Stock") equal to the result obtained by dividing (x) the amount of $3,000,000 by (y) the Pre-Announcement Price (as defined below).
In addition, upon a Section 9 Event in which the shareholders of the Company exchange their shares for stock of any other company or other consideration, the Executive shall receive an amount equal to the per share price paid to the stockholders of the Company less the Pre-Announcement Price multiplied by 50,000.
The available pool of Buyer Shares available for issuance as Incentive Shares pursuant to the Program to Transferred C Employees and Buyer employees transferred to the OIB Division shall have an aggregate value not to exceed $15 million, determined on the basis of the average trading price of the Buyer Parent stock over the fifteen trading days ending five business days ending five business days prior to the announcement of the transactions contemplated by this Agreement (the "Pre-Announcement Price").