Applicable Average definition
Examples of Applicable Average in a sentence
For purposes hereof, the "Applicable Average Share Value" shall be equal to the average of the Daily Closing Prices for each of the ten Business Days immediately preceding the date on which the amount of such Claims are determined.
The "Applicable Average Share Value" shall be equal to the average of the Daily Closing Prices for each of the ten business days immediately preceding the date of the notice provided for in Section 8.2; and the "Daily Closing Price" for each such day shall be average of the last bid and ask price of Purchaser Common Stock quoted on such day on the SmallCap Market (or such exchange or quotation system as shall report the trading prices of Purchaser Common Stock at the relevant time).
Parent agrees to pay deferred compensation in the amount of $223,250 to the employees owed such deferred compensation in the form of shares of Parent Common Stock with the number of shares based on the Applicable Average Closing Price.
The "Applicable Average Share Value" shall be equal to the average of the Daily Closing Prices for each of the ten business days immediately preceding the date of the notice provided for in Section 11.2; and the "Daily Closing Price" for each such day shall be average of the last bid and ask price of Cirus Common Stock quoted on such day on the SmallCap Market (or such exchange or quotation system as shall report the trading prices of Purchaser Common Stock at the relevant time).
In lieu of any such fractional shares, each holder of Company Common Stock who would otherwise have been entitled to receive a fraction of a share of Parent Common Stock shall be entitled to receive instead an amount in cash equal to such fraction multiplied by the Applicable Average Closing Price.
Claims to an indemnified party under this Section 11 shall be paid in shares of Intek's Common Stock, an the number of shares of Intek's Common Stock to be transferred in satisfaction of such Claims and the terms of such transfer shall be determined by dividing the amount of such Claims by the Applicable Average Share Value.
For purposes of this section 5, the Employee's "Annual Cash Compensation" shall mean the sum of (I) the Employee's highest Base Salary (i.e., one year's salary at its highest rate), plus (II) the "Applicable Average Bonus" as defined in subparagraph 5(a)(i)(B) above.
The "Applicable Average Share Value" shall be equal to the average of the Daily Closing Prices for each of the ten Business Days immediately preceding the date of the notice provided for in Section 9.3(b); and the "Daily Closing Price" for each such day shall be average of the last bid and ask price of Purchaser Common Stock quoted on such day on the Small Cap Market (or such exchange or quotation system as shall report the trading prices of Purchaser Common Stock at the relevant time).
Claims to an indemnified party under this Section 11 shall be paid in shares of Intek's Common Stock, and the number of shares of Intek's Common Stock to be transferred in satisfaction of such Claims and the terms of such transfer shall be determined by dividing the amount of such Claims by the Applicable Average Share Value.
For the purpose of compensating Buyer for its Damages pursuant to this Agreement, the Buyer Shares in the Escrow Fund shall be valued at the Applicable Average Closing Price.