Closing Date FMV definition
Examples of Closing Date FMV in a sentence
At any time that a forfeited RSU would have vested under the 2020 One-Time Equity Grant Program, the participant will receive a cash payment with respect to the related “equity participation unit” equal to Closing Date FMV of a Share of Seller Stock increased or decreased by the same percentage as the equity value of the Company increases or decreases from the Closing Date until such vesting date.
Pursuant to Section 5.2(o), S&W will have the right but not the obligation to cure any deficiency whereby the Stock Portion, with the Additional Stock Portion, based on the Closing Date FMV does not equal or exceed 40% of the Merger Consideration delivered at the Effective Time.
The Stock Portion (plus the Additional Stock Portion, if applicable) based on the Closing Date FMV must equal or exceed 40% of the Merger Consideration delivered at the Effective Time.
Such amounts shall be payable at Closing, one-half in cash (the “Cash Consideration”), and one-half in shares of THK Common Stock, such stock to be valued at the Closing Date FMV (the “Stock Consideration”).