Reference Price Sample Clauses

Reference Price. On each Reset Date, the Reference Price shall be determined by: (i) compounding the Initial Price for each Compounding Period at USD LIBOR rate plus Spread for a designated maturity of 1 month (Actual/360 day count fraction) to such Reset Date and (ii) subtracting the Distribution Amount at that date.

Reference Price reference price for a given day is equal to the quoted price of gas for the Day under consideration, expressed in € per MWh (GCV). It corresponds to the PEGAS® Spot PEG EOD (End Of Day Price) for Day-Ahead (DA) and Weekend (WE) products expressed in euros per MWh at 25°C.

Reference Price. The Reference Price of a set of two (2) INTERNATIONAL AERO ENGINES V2524-A5, V2527-A5 and V2533-A5 engines are as quoted in Clause 3.1.1.3 of the Agreement, as may be amended from time to time. This Reference Price is subject to adjustment for changes in economic conditions as measured by data obtained from the US Department of Labor, Bureau of Labor Statistics, and in accordance with the provisions of Paragraphs 4 and 5 of this Exhibit H-2.

Reference Price. The Reference Price of a set of two (2) CFM International CFM 56-5A4 engines and additional equipment is as quoted in Subclause 4.1.2.1(i) of this Agreement. This Reference Price is subject to adjustment for changes in economic conditions as measured by data obtained from the US Department of Labor, Bureau of Labor Statistics, and in accordance with the provisions of Paragraphs 4 and 5 of this Exhibit E.

Reference Price. The “Reference Price” for the purpose of determining the Per Share Price in any Future Sale shall be the average closing price of one ADS as quoted on the NASDAQ Global Market during the Reference Period, divided by two; provided that, for purposes of determining the Reference Price:

Reference Price. (i) Notwithstanding the definition of the “Reference Price”, upon the occurrence of a Registration Unavailability Event on any VWAP Trading Day during any Reference Period, the Reference Price (the “Adjusted Reference Price”) for such Reference Period in respect of a Subscriber will be a weighted average amount calculated by the Calculation Agent as follows: ARP = (A + B) / C, where: ARP– Adjusted Reference Price (x) the arithmetic average of the Daily VWAPs for the full VWAP Trading Days, if any, within the applicable Reference Period, starting from the first VWAP Trading Day thereof, that preceded the first (if applicable) Registration Unavailability Event within the Reference Period (excluding the VWAP Trading Day on which the Registration Unavailability Event has occurred) multiplied by (y) the number of such full VWAP Trading Days, if any; B– (x) if upon the occurrence of a Registration Unavailability Event such Subscriber has requested the Private Placement Procedure pursuant to Section 7(e), the net aggregate proceeds actually received on or prior to 5 p.m. US Eastern Time on the Business Day immediately following the final VWAP Trading Day of each Reference Period (after any brokerage, underwriting, legal or other fees related to the Private Placement that are not reimbursed by Issuer) by such Subscriber divided by the number of Issuer Ordinary Shares offered by such Subscriber pursuant to the Private Placement Procedure or (y) if upon the occurrence of a Registration Unavailability Event and until the end of the applicable Reference Period such Subscriber has not requested the Private Placement Procedure pursuant to Section 7(e), starting from (and including) the VWAP Trading Day on which such Registration Unavailability Event has occurred, the arithmetic average of the Daily VWAPs for the full VWAP Trading Days remaining in the applicable Reference Period, in each case (x) and (y), multiplied by (z) such number of the full VWAP Trading Days remaining in the applicable Reference Period; and

Reference Price. (a) Notwithstanding any term or provision of this Agreement to the contrary, if at any time during the term of this Agreement any reference price, whether posted or otherwise, or reference price publication, referred to in this Agreement should cease to exist, either permanently or temporarily, for whatever reason, then parties shall promptly meet together to agree upon a replacement reference price publication, as the case may be, and failing such Agreement within five business days after the parties first meet, either party may terminate this Agreement upon thirty-days prior written notice to the other party. (b) Where the price of Product is based upon the posted price of one of the parties, such party shall give notice in writing to the other party of any change in such posted price, and such change in posted price shall be effective at 12:00 hours, on the day following service of the notice. (c) Where the price of Product is based upon third party posted prices, the Buyer shall use reasonable efforts to advise the Seller from time to time of any changes to relevant third party postings. Failure to advise the Seller of changes to third party posting shall not relieve the Seller of its obligation to deliver Product determined herein by reference to the changed posting.

Reference Price. $19.75, which is the Common Stock Public Offering Price in the Common Stock Offering described above (subject to adjustment as described in the Units Preliminary Prospectus Supplement).

Reference Price. Each share of NetScout Common Stock held in the Escrow Fund shall have an agreed value equal to the NetScout Common Stock Value (subject to adjustment for stock splits, stock dividends, recapitalizations and similar events) (the “Reference Price”). The Escrow Agent is granted the power to effect any transfer of Escrow Shares contemplated by this Agreement. In the event that any securities or other property (including cash) are issued in respect of Escrow Shares, in a merger, recapitalization, spinoff or other transaction, the value of one Escrow Share and the securities distributed in respect of such share shall have an agreed value equal to the Reference Price, and any distribution of an Escrow Share to a NetScout Indemnified Party or to the Indemnifying Stockholders otherwise required to be made shall be accompanied by the securities or other property so received in respect of such Escrow Share. Any substitution of Escrow Consideration pursuant to Section 2(f), whether at the request of the Stockholder Representative or NetScout, shall be accompanied by a calculation of the Reference Price in support of such substitution, and the Escrow Agent shall have no liability for relying on such calculation in effecting any substitution hereunder.