Initial Fixed Price definition

Initial Fixed Price means those prices set forth in sections 1.1(44)(a), 1.1(44)(b) and 1.1(44)(c) of the definition of Fixed Price.
View Source
Initial Fixed Price means, with respect to (A) Preferred Shares issued on the Initial Issuance Date (I) on any date prior to the Fixed Conversion Price Trigger Date, $4.00 and (II) on any Conversion Date on or after the Fixed Conversion Price Trigger Date, the lesser of the average of the Closing Bid Prices for the Common Stock during the 20 consecutive trading days immediately preceding (y) the Fixed Conversion Price Trigger Date and (z) the date which is 180 days after the Initial Issuance Date or (B) Preferred Shares issued after the Initial Issuance Date, the average of the Closing Bid Prices of the Common Stock during the five consecutive trading days immediately preceding the Put Share Notice Date (as defined in the Securities Purchase Agreement), subject in each case to adjustment as provided herein. Notwithstanding the foregoing, should there occur one or more Excluded Redemption Events (as defined in Section 3) which results in a change to the Initial Fixed Price of the Preferred Shares as in effect immediately prior to the occurrence of such Excluded Redemption Events pursuant to Section 3, the Initial Fixed Price shall mean the lesser of ((alpha)) the Initial Fixed Price as defined above and ((beta)) the Initial Fixed Price following such Excluded Redemption as determined pursuant to Section 3.
View Source

Examples of Initial Fixed Price in a sentence

  • In addition, if Customer terminates this Agreement prior to the end of the Initial Fixed Price Term or Initial Index Price Term, Customer shall pay Marathon all outstanding gas and/or electric supply charges and other amounts owing to Marathon as well all reasonable attorneys' fees and expenses incurred by Marathon in connection with Marathon's attempt to collect and recover same.

  • The Fixed Wafer Price for any Subsequent Fixed Price Period shall not change by more than [+] of the Fixed Wafer Price for the Initial Fixed Price Period or prior Subsequent Price Period, as the case may be.

  • At least ninety (90) days prior to the end of the Initial Fixed Price Period (and any Subsequent Fixed Price Period) for each Sipex Product, the Parties shall, subject to Section 2.7(d), commence good faith negotiations to set the Fixed Wafer Price for the relevant Sipex Product for a period of at least one year (each such subsequent period a "Subsequent Fixed Price Period") following the initial Fixed Price Period or any Subsequent Fixed Price Period, as the case may be.

  • The Fixed Wafer Price for each Sipex Product ordered by Sipex is set forth on Exhibit C-1 and shall be fixed for such Sipex Product for [+] years from the first commercial supply of such Sipex Product by Silan to Sipex hereunder (such period for each Sipex Product the "Initial Fixed Price Period").

  • Unless otherwise agreed to by Customer and Marathon, if Customer is receiving supply service under a fixed price or an index price, upon completion of the Initial Fixed Price Term or Initial Index Price Term, this Agreement will automatically continue at a variable rate methodology unless and until this Agreement is terminated by customer.

  • At least 30 days, and no more than 60 days, prior to the end of the Initial Index Price Term of Initial Fixed Price Term, as applicable, Marathon will notify Customer in writing and/or by email of the switch to a variable rate methodology at which Marathon will continue to serve Customer.

Related to Initial Fixed Price

  • Fixed Price means the fixed prices for ancillary Services as may be agreed by the Parties and set out in the SOW; FOIA means the Freedom of Information ▇▇▇ ▇▇▇▇ and any subordinate legislation made under that Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation;

  • Lowest Submitted Price means the lowest price quoted in a bid, which is otherwise not substantially responsive;

  • Fixed price contract means a contract that provides a price, for each

  • Benchmarked Price means the higher of:

  • Initial Forward Price For each Transaction, as specified in the Supplemental Confirmation for such Transaction, to be the product of (i) an amount equal to 1 minus the Forward Hedge Selling Commission Rate (as defined in the Equity Distribution Agreement) applicable to such Transaction; and (ii) the Volume-Weighted Hedge Price, subject to adjustment as set forth herein. Volume-Weighted Hedge Price: For each Transaction, as specified in the Supplemental Confirmation for such Transaction, to be the volume-weighted average of the price per share of Forward Hedge Shares (as defined in the Equity Distribution Agreement) sold by Dealer (or its agent or affiliate) on each Trading Day of the Forward Hedge Selling Period for such Transaction, as determined by the Calculation Agent; provided that, solely for the purposes of calculating the Initial Forward Price, each such sale price (other than the sale price for the last day of the relevant Forward Hedge Selling Period) shall be subject to adjustment by the Calculation Agent in the same manner as the Forward Price pursuant to the definition thereof during the period from, and including, the date one Settlement Cycle immediately following the first Trading Day of the relevant Forward Hedge Selling Period on which the Forward Hedge Shares related to such Sales Price are sold to, and including, the Effective Date of such Transaction. Daily Rate: For any day, the Overnight Bank Rate minus the Spread. Spread: For each Transaction, as specified in the Supplemental Confirmation for such Transaction. Overnight Bank Rate: For any day, the rate set forth for such day opposite the caption “Overnight bank funding rate” as displayed on the page “OBFR01 <Index> <GO>” on the BLOOMBERG Professional Service, or any successor page; provided that, if no such rate appears for such day on such page, Overnight Bank Rate for such day shall be such rate for the immediately preceding day for which such a rate appears. Forward Price Reduction Dates: For each Transaction, as specified in Schedule I to the Supplemental Confirmation for such Transaction, to be each date set forth under the heading “Forward Price Reduction Date” in the Forward Placement Notice for such Transaction.