Variable Purchase Price definition

Variable Purchase Price means, as of any Purchase Date or other date of determination, the lower of: (A) the lowest Sale Price of the Common Stock on the Purchase Date or such other date of determination or (B) the arithmetic average of any three (3) Closing Bid Prices for the Common Stock, selected by the Buyer, during the twelve (12) consecutive Trading Days ending on the Trading Day immediately preceding such Purchase Date or other date of determination (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction).
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Variable Purchase Price means, as of any Purchase Date or other date of determination, the lower of: (A) the lowest Sale Price of the Common Stock on the Purchase Date or such other date of determination and (B) the arithmetic average of any two (2) Closing Bid Prices for the Common Stock, selected by the Holder, during the ten (10) consecutive Trading Days ending on the Trading Day immediately preceding such Purchase Date or other date of determination (to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction occurring during such ten (10) Trading Days).
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Variable Purchase Price means, as of any Purchase Date or other date of determination, the lower of: (A) the lowest Sale Price of the Common Stock on the Purchase Date or such other date of determination or (B) the arithmetic average of any three (3)
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Examples of Variable Purchase Price in a sentence

  • In this event, Assignee shall be entitled to credit the payment of any Variable Purchase Price in favor of Assignor and Manufacturer, against the collection of the Supply Penalty.

  • The covenants set forth in this Article VIII shall be deemed to be continuing and shall have a term expiring on the earliest to occur of the termination of this Agreement pursuant to Section 9.1, the Final Variable Purchase Price Payment Date, or December 31, 2013, if the Final Variable Purchase Price Payment Date does not occur prior thereto.

  • The aggregate amount of Fixed Purchase Price and Variable Purchase Price is hereinafter referred to as the “Final Purchase Price”.

  • Notwithstanding the foregoing, the indemnification obligations for any misrepresentations contained in Sections 3.1, 3.2, 3.3, and 3.21 survive the Closing hereunder and continue in full force and effect for so long as Buyer is obligated to pay the Variable Purchase Price pursuant to Section 2.2 herein.

  • Buyer and Companies, their successors and assigns shall reasonably cooperate to provide documentation to show that the installment payment of the Variable Purchase Price has been properly calculated and paid as set forth herein.

  • Sellers, their heirs, successors and assigns shall have the right to audit the Variable Purchase Price to be paid on each separate landfill by giving written notice to the Buyer and Companies.

  • Except to the extent required by Law or permitted by this Agreement, the Company shall not (i) change the date specified in the Proxy Statement for the Company Shareholders’ Meeting or (ii) postpone or delay the Company Shareholders’ Meeting, except to the extent necessary to ensure that any amendment or supplement to the Proxy Statement required by applicable Law is provided to the stockholders of the Company sufficiently in advance of the Company Shareholders’ Meeting.


More Definitions of Variable Purchase Price

Variable Purchase Price means the sum of the Accounts Receivable Payment and the Inventory Payment.
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