Applicable Price

Applicable Price. Means 95% of the greater of (A) the Market Price per share of outstanding Common Stock on the date on which the Company issues or sells any Common Stock other than Excluded Stock and (B) the Market Price per share of outstanding Common Stock on the first date of the announcement of such issuance or sale.

Applicable Price. Shall mean the highest of (i) the highest price per share of Grantor Common Stock paid for any such share by the person or groups described in the definition of a Repurchase Event or (ii) the price per share of Grantor Common Stock received by holders of Grantor Common Stock in connection with any merger or other business combination transaction which is a Purchase Event. If the consideration to be offered, paid or received pursuant to either of the foregoing clauses (i) or (ii) shall be other... than in cash, the value of such consideration shall be determined in good faith by an independent nationally recognized investment banking firm selected by Grantee and reasonably acceptable to Grantor, which determination shall be conclusive for all purposes of this Agreement. View More

Applicable Price. As of any date means the highest of (A) the highest price per Share paid pursuant to a tender offer or exchange offer for Shares after the date of this Agreement and on or prior to such date, (B) the highest price per Share to be paid by any third party for Shares and each case pursuant to an agreement with respect to an Acquisition Proposal with TCB entered into on or prior to such date, or (C) the highest bid price per Share as quoted on the National Association of Securities Dealers... Automated Quotations System, or, if the Shares are not quoted thereon, on the principal trading market on which the Shares are traded as reported by a recognized source during the 60 days preceding such date. If the consideration to be offered, paid, or received pursuant to the foregoing clauses (A) or (B) shall be other than in cash, the value of such consideration shall be determined in good faith by an independent nationally recognized investment banking firm selected by Citco and reasonably acceptable to TCB. View More

Applicable Price. Means the applicable Conversion Price (as defined in the Certificate of Designations), as may be adjusted from time to time pursuant to the Certificate of Designations; provided that the Applicable Price shall also be adjusted as set forth in Section VII of the Certificate of Designations, without duplication, for the cumulative effect of all events occurring on or after the issuance of this Warrant and prior to the date the Warrant has been exercised in full for which no adjustment was made to... the Conversion Price under the Certificate of Designations. View More

Applicable Price. Shall mean the higher of (a) the Current Market Price per share of Common Stock on the applicable record or other relevant date and (b) the Dilution Price.

Applicable Price. Shall mean in any offer or transaction referred to in Section 7, the greater of (x) the Original Issue Price and (y) the price per share of Common Stock offered or paid, as the case may be, to the holders of the Common Stock multiplied by the Conversion Rate.

Applicable Price. Shall mean: (i) for purposes of any issuance of Additional Common Equity Securities under Section 5.4, the greater of (A) the Fair Market Value of a unit or share of Common Equity Securities being issued (or, if being issued in an underwritten offering, the Market Price on the day that such offering is being priced), and (B) the then effective Exercise Price; and (ii) for purposes of any issuance under Section 5.1(b), the... greater of (A) the Market Price on the date of such issuance, and (B) the then effective Exercise Price; provided, however, that in no event shall the Fair Market Value or the Market Price for purposes of determining the Applicable Price be less than $2,444.580 per Common Share or $2,444.580 per Limited Partnership Unit. View More

Applicable Price. Means the product of (1) 200% and (2) the Exercise Price.

Applicable Price. Shall mean: (i) for purposes of any issuance of Additional Shares of Common Stock (as defined below) under Section 5.4, the greater of (A) the Fair Market Value of a share of the class of Common Stock being issued (or, if being issued in an underwritten offering, the Market Price on the day that such offering is being priced), and (B) the then effective Exercise Price; and (ii) for purposes of any issuance under Section 5.1(b), the greater of (A) the Market Price on the date of such... issuance, and (B) the then effective Exercise Price. View More

Applicable Price. Means the average Market Price per share of outstanding Common Stock over the ten trading day period ending on the day prior to (A) with respect to any issuance or sale of any Common Stock, the date on which the Company first announces such issuance or sale or (B) with respect to any Pro Rata Repurchase, the date on which the Company first announces the price for any Pro Rata Repurchases, as applicable.