Cap Percentage definition

Cap Percentage means, in respect of any Investor, a percentage equal to such Investor’s Base Cap Percentage plus such Investor’s Intra-Investor Buy Percentage (as hereafter defined) and less such Investor’s Intra-Investor Sale Percentage (as hereafter defined), provided that no Investor’s Cap Percentage shall exceed 25% (the “Ceiling Percentage”), provided further, however, that an Investor’s Cap Percentage, and the Ceiling Percentage, shall be equitably increased for (A) acquisitions permitted under clauses (iii) and (vii) above and (B) Approved Reacquisition Transactions. “Intra-Investor Buy Percentage” of any Investor means the percentage of the outstanding Common Stock acquired by such Investor (or any Affiliate of such Investor) in an Intra-Investor Private Transfer (as hereafter defined), determined as of the time of such acquisition (assuming for this purpose conversion in full of all Preferred Shares and NVC Shares (irrespective of the Conversion Limitation)). “Intra-Investor Private Transfer” means any sale by an Investor (or Affiliates thereof) to one or more of the other Investors (or Affiliates of such other Investor) in a private transaction, including a sale pursuant to the right of first offer or tag-along rights contemplated by Sections 3.02-3.03. “Intra-Investor Sell Percentage” of any Investor means the percentage of the outstanding Common Stock sold by such Investor (or any Affiliate of such Investor) in an Intra-Investor Private Transfer, determined as of the time of such sale (assuming for this purpose conversion in full of all Preferred Shares and NVC Shares (irrespective of the Conversion Limitation)). For purposes of this Section 4.03, an Associate (as defined in Rule 12b-2 under the Exchange Act) of Xxxxxxx Xxxxxxx shall be deemed an Affiliate of Xxxxxxx Xxxxxxx. The agreements of the several Investors and Xxxxxxx Xxxxxxx hereunder are several and not joint. All of the restrictions set forth above in this Section 4.03 shall terminate upon the earliest to occur of:

Cap Percentage means the percentage as detailed in the Confirmation;

Cap Percentage means, in respect of any Investor, a percentage equal to such Investor’s Base Cap Percentage; provided, however, that (i) an Investor’s Base Cap Percentage shall be increased with respect to an acquisition by such Investor of Common Stock, Convertible Notes or Other Capital Stock solely as a result of an Intra-Investor Private Transfer (as hereafter defined) and (ii) to the extent that the sum of all Investors’ respective Base Cap Percentages would exceed the Aggregate Cap Percentage as a result of an Intra-Investor Private Transfer, the selling Investor’s Base Cap Percentage shall be decreased such that the sum of all Investors’ respective Base Cap Percentages would equal the Aggregate Cap Percentage. “Intra-Investor Private Transfer” means any Transfer by an Investor (or Affiliates thereof) to one or more of the other Investors (or Affiliates of such other Investor) in a private transaction, including a sale pursuant to the right of first refusal or right of first offer contemplated by Section 3.2.

Examples of Cap Percentage in a sentence

• The applicable percentage is referred to as the Annual Cash Flow Cap Percentage, and is currently set at 35% per the AFFA.

• The Index Performance equals the growth in the S&P 500 Index during the Segment multiplied by the Participation Percentage, with a floor at the Segment Minimum Interest Rate and a ceiling at the Cap Percentage.

• The Cap Percentage is guaranteed not to be below the Guaranteed Cap Percentage.

• The Protected Value is limited by a "Cap." Until the Protected Value first increases to the level of the Cap, the Cap equals the Cap Percentage shown in the Schedule Supplement times the sum of the Protected Value at the beginning of the Waiting Period and all Net Purchase Payments and any Credits we provide in relation to Purchase Payments received after the Waiting Period begins; and is reduced due to withdrawals in the same manner as we reduce the Protected Value in c.

• A new Cap Percentage will apply to each new segment created and will not change for the duration of that segment.

More Definitions of Cap Percentage

Cap Percentage means 140 per cent.; "Constant Percentage 1" means 0 per cent.; "Gearing" means 100 per cent.;

Cap Percentage means 30%.

Cap Percentage means the percentage calculated in accordance with the formula set out, in relation to each Product Type, within Condition 4.

Cap Percentage means 35%

Cap Percentage means 25%.

Cap Percentage means 107 per cent.;

Cap Percentage means 70 per cent.; "Constant Percentage" means 0 per cent.;"Coupon Value" means Average Underlying Reference Value;"Floor Percentage" means 0 per cent.; "Gearing" means 100 per cent.;"Observation Date" means the dates specified in paragraph 21;